Criminal

How We Can Help

In criminal cases, timing is essential, and delay can be disastrous. Warrants—be they bench, arrest, or search warrants—are especially time-sensitive. You should address them as soon as possible. They don’t go away by themselves, and you will want a skilled attorney on your side to avoid major collateral consequences.

From minor offenses to felonies, a criminal record can follow you for the rest of your life. If you’re accused of a crime, you want a defense team that knows the local players: the police department, the district attorneys, the judges, etc. Having grown up and long practiced law in the Wilmington area, attorney Emily Jones Queen knows these folks well. You want her experience, her reputation, and her relationships on your side when facing criminal charges.

I Believe in Wilmington Mural in Downtown Wilmington NC
Driving While Impaired
Civil Revocation
Underage Drinking, Fake ID
Assaults & Domestic Violence
Drug Possession & Trafficking
Sex Offenses
Probation Violations
Traffic Offenses
Expungements
Expungements

Driving While Impaired (DWI/DUI)

Being charged with a DWI is extremely stressful. It can be an embarrassing and scary thing to navigate. You could lose your license and, therefore, your ability to get to work or to drive your kids around. You may have to get a “blow box” installed in your car. A conviction is also permanently on your record, which may impact your employability. Let us take some of the stress of the unknown off of your plate. At Burney & Jones, we offer free 1 hour consultations for DWI cases. We will sit down with you to pinpoint any triable issues, educate you on the laws in North Carolina, and discuss your possible collateral consequences.

It is important to assess all of the facts and circumstances of your case with a fine-tooth comb, as DWI laws are very technical in nature. Having an experienced attorney to help you navigate your case and to build an appropriate defense is going to be key. In building a defense, we will discuss:

  • Reasonable suspicion to have been stopped
  • Probable cause to have been arrested
  • Checkpoints policies and procedures being followed
  • Standardized Field Sobriety Tests (SFSTs) being done properly
  • Preliminary Breath Tests being done properly
  • Whether procedures were followed before/while breath samples were provided
  • Whether search warrants for blood draws were properly done
  • Blood results and their admissibility
  • Whether any civil rights were violated
Assault on a Female was a commonly used charge in North Carolina. However, in 2023, a new charge, Crime of Domestic Violence, was created to level the playing field between male and female defendants. A Crime of Domestic Violence can arise from any form of assault, threat, or harassment between family members, spouses, or intimate partners. This charge is a Class A1 misdemeanor and can carry up to 150 days in jail.

Understanding the nuances of these charges and obtaining skilled representation is imperative for protecting your rights.

Civil Revocation

It is important to quickly contact an attorney after being charged with a DWI, especially if you have a Civil Revocation (CVR). A CVR will immediately revoke your license for thirty (30) days and is in place regardless of whether you are guilty or innocent of your criminal offense. If you call us quickly, there may be ways in which we are able to rescind your revocation and eliminate associated fees. We may also be able to get you driving before day 30.

Underage Drinking and Fake ID

Being in a college town, there is no shortage of underage drinking or fake IDs being used. If caught and convicted, there are not only immediate consequences, but also those of a lasting nature–future internships, scholarships, or employment opportunities. These charges range from a Class 3 misdemeanor to a Class 2 misdemeanor. If convicted, you run the risk of fines, probation, community service, and losing your license for a year.

If you have been charged with an alcohol-related offense or for using/having a fake ID, give Burney & Jones a call so that we can help you navigate this process. You will want an experienced attorney on your side so that you can understand your options and how best to navigate your charges. If this is your first offense, we routinely have success in getting the charges dismissed after certain tasks are completed. We also may be able to handle this without you ever having to step into a courtroom! If this is your second offense, we will figure out the best strategy and defense for your case.

Assaults/Crime of Domestic Violence

An assault is an intentional act of threatening or attempting to touch someone without their consent or causing them to fear immediate physical harm. There are many different types of assault crimes in North Carolina, ranging from misdemeanors to felonies. The punishment, if convicted, can range from probation to prison time. A judge may also order restitution for medical expenses. Common assault-related charges include:
  • Simple Assault
  • Assault and Battery
  • Assault Inflicting Serious Injury
  • Assault Inflicting Serious Bodily Injury
  • Assault with a Deadly Weapon
  • Assault by Strangulation
  • Assault on Government Officials, Law Enforcement, Children, Medical Personnel, or Elderly/Disabled
Assault on a Female was a commonly used charge in North Carolina. However, in 2023, a new charge, Crime of Domestic Violence, was created to level the playing field between male and female defendants. A Crime of Domestic Violence can arise from any form of assault, threat, or harassment between family members, spouses, or intimate partners. This charge is a Class A1 misdemeanor and can carry up to 150 days in jail.

Understanding the nuances of these charges and obtaining skilled representation is imperative for protecting your rights.

Drug Possession/Drug Trafficking

Drug charges are classified based on the type of drug and the weight of the drug. Each drug is categorized by statute into a specific schedule and each schedule carries a specific punishment. Possession charges range from a Class 3 misdemeanor to a Class I felony. You can also be charged with the manufacturing, sale, or delivery of a controlled substance, or possession with intent to manufacture, sell, or deliver. Punishments for these crimes range from a Class I felony, punishable by up to 24 months in prison to a Class G felony, punishable by up to 47 months in prison.
If you have been charged with a drug offense that is a Class H or lower, and it is your first drug offense, we will do everything we can to negotiate options that may allow for your charges to be dismissed after a period of time! If it is your second offense, we will assess the details of your case to provide the best defense possible.

Sex Offenses

In North Carolina, common sex offenses include:

  • Rape (1st Degree, 2nd Degree, Statutory)
  • Forcible Sex Offense (1st Degree, 2nd Degree)
  • Statutory Sexual Offense (with a Child, 1st Degree)
  • Sexual Activity with a Parent or Students
  • Sexual Battery

If you have been accused of or charged with committing a sex offense, call Burney & Jones immediately. It is imperative that you have legal counsel as quickly as possible so that you understand your rights and options. Most sex offenses can carry a lengthy prison sentence and sex offender registration requirements, even for someone who has never even had a speeding ticket! Law enforcement may ask you to provide a recorded interview, which could negatively impact your case. We will quickly assess your case and individual circumstances to provide legal advice as to how to best move forward.

Probation Violations

Once violated, you are entitled to a hearing to determine if there was a willful violation of the conditions of probation. Depending on the nature of your violation, you could be revoked, which would require you to serve your suspended sentence—active time in either prison or jail. Other punishment options include: confinement in response to violation (CRV), “quick dip” confinement, Special Probation (split sentence), extension of probation, and modification. It is important to discuss your violations with an attorney to either negotiate a resolution with the District Attorney and your Probation Officer or to adequately prepare for a hearing in front of a judge.

Traffic Offenses

Want to avoid standing in long lines on a Friday morning at the courthouse? Want to avoid points on your license or insurance? If so, let Burney & Jones help you with your traffic ticket. Some common traffic offenses include:
  • Speeding
  • Speeding in a School Zone
  • Driving While License Revoked (and Impaired Revocation)
  • Failure to Reduce Speed to Avoid a Collision
  • Failure to Yield
  • Improper Backing
  • Carless and Reckless Driving
  • Passing a Stopped School Bus
If you have been charged with a traffic offense, it is important to call an attorney to discuss your options. Do not pay off the ticket, if that option is listed on your ticket! Certain traffic offenses may have implications with respect to points on your license and/or your insurance. Let us help you with your charges to avoid the collateral consequences. It is also common for us to handle traffic tickets without you having to come to court!

Expungements

Is a prior charge or conviction haunting you? Is it affecting your housing options or employability? If so, you may be eligible for an expungement to erase the charge from your record. The expungement laws have changed several times in North Carolina over the last decade, with the legislature making expungements more accessible. Historically, you could only get one expungement per lifetime. Now, we can get dismissed charges off of your record in about 6-8 weeks. We are also able to get more convicted offenses removed from your record than before.

If you are interested in an expungement in New Hanover or Pender Counties, we will pull your record and provide a free assessment for expungement eligibility. We stay on top of the expungement law changes to ensure that you are able to clean your record up as much as possible!

Areas of Service

DWI

Traffic

Family

Juvenile

Contact Us

(910) 762-7771

BurneyJonesLaw@gmail.com

Fax: (910) 763-3714

110 N 5th Ave, Wilmington, NC 28401

Monday - Thursday | 8:30 AM - 5:00 PM
Friday | 8:30 AM - 2:00 PM

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