PRACTICE AREAS
Criminal Defense
Criminal Defense Attorney for McDowell and Burke Counties
​
Our office provides extensive representation in the area of criminal defense within McDowell and Burke Counties. We handle all misdemeanor, DWI, and felony cases. We also provide defense for all probation violations. We have 19 years of experience handling criminal cases, and when you hire us to represent you we will do our best to prepare a thorough defense to protect your rights and your freedom. In some cases, this may involve the preparation of a trial defense in order to aggressively challenge the prosecution’s case. In other cases, this will involve careful and strategic negotiation with the prosecution in order to obtain the best possible result on your behalf.
​
Certain cases may qualify for a deferred prosecution, which is a way for someone charged with a criminal matter to earn a dismissal of the charge or charges over a period of time. Qualification for a deferred prosecution usually depends upon the nature of the charges and the extent of one’s prior criminal record. We will thoroughly evaluate your case in order to determine if it meets the criteria for such a deferral and if it does, we will walk you through the process step by step. If it does not qualify, we will discuss all of your other options with you in detail so that you will be able to make the best decision regarding your defense.
​
If you have a criminal record from the past and are hopeful that it may be expunged, we will thoroughly review the case with you to determine if it meets all of the legal requirements for an expungement.
​
Felonies
​
Our office handles criminal defense for all felony cases at both the District Court and Superior Court levels. We are prepared to be hired to handle bond reduction motions at both court levels, probable cause hearings at the District Court level, guilty pleas at both court levels, or jury trials at the Superior Court level. We can even be hired to represent you while you are under investigation for a felony, but have not yet been charged, so that you have an attorney to assist you at any interview with law enforcement. We will take the time to thoroughly evaluate your case and to explain the law and all of the issues to you in order for you to be able to evaluate all of the options which are available for your defense. We will make sure that you are aware of all of the risks and advantages involved with each option, so that you can make a well-informed decision regarding your defense. We are prepared to represent you in all of, but not limited to, the following felony cases:
​
-
Assaults (Assault by Strangulation, Assault Involving Officer or Detention Employee, Assault Inflicting Serious Bodily Injury, AWDWIK, AWDWISI, AWDWIKISI)
-
Breaking and Entering, Larceny, and Possession of Stolen Goods
-
Obtaining Property by False Pretenses
-
Burglary and Robbery
-
Drug Offenses (Possession, Manufacture, Possession with Intention to Sell and Deliver, Maintaining a Dwelling/Vehicle, Trafficking, Possession of Precursor Chemicals)
-
Possession of Firearm by Felon
-
Child Abuse
-
Flee to Elude Arrest
-
Sex Crimes (Indecent Liberties with a Child, Rape, Statutory Rape)
-
Felony Sentencing Status Offenses (Habitual Felon, Habitual DWI, Habitual Breaking and Entering, Habitual Misdemeanor Assault, Habitual Drug Offender)
​
Misdemeanors
Our office handles criminal defense for all misdemeanor cases, including traffic- related misdemeanor charges. We will take the time to thoroughly evaluate your case and to explain all of the issues to you, in order for you to be able to evaluate all of the options which are available for your defense. We will make sure that you are aware of all of the advantages and risks that are involved with each option, so that you can make a well-informed decision regarding your defense. We are prepared to represent you in all of (but not limited to) the following misdemeanor cases:
​
-
Assaults (Assault on Female, Assault with Deadly weapon, Assault Inflicting Serious Injury, Assault on a Law Enforcement Officer, Assault on a Child Under 12, Assault on a Handicapped Person, Simple Assault)
-
Drug Possession and Possession of Drug Paraphernalia
-
Breaking and Entering, Larceny, and Shoplifting
-
Trespass, Injury to Personal Property, and Injury to Real Property
-
Resisting and Delaying an Officer and Fictitious Information to Officer
-
Communicating a Threat and Harassing Phone Call
-
Simple Worthless Check and Failure to Return Rental Property
-
Contributing to the Delinquency of a Juvenile
-
DWI, DWLR, and all other traffic-related misdemeanors
​
​
Probation Violations
​
Our office provides representation for all probation violations at both the District Court and the Superior Court levels. Probation violations should always be taken very seriously, because there is always the potential for some active jail time to be ordered. While many probation violations do not result in any active jail time, many do involve it as a punishment, so you should not assume that a probation violation will be routine. The judge will have an enormous amount of discretion and will be able to take a wide variety of actions, depending upon the nature of the violation.
​
When you hire us to represent you, we will guide you through this complicated process step by step, and we will make every effort to help you get your probation back on track. Whether you are on supervised probation or unsupervised probation, or whether you are on probation as a result of a misdemeanor or a felony conviction, we will fight to protect your rights and your freedom.
Traffic Violations
Our office handles all types of traffic violations, ranging from minor and routine violations to very serious traffic offenses. A conviction for certain serious traffic offenses can result in a suspension of your drivers license for a period of time, as well as cause a significant increase in the cost of your insurance. A series of more routine tickets can also cause the same problems from their combined effect on your license and your insurance.
​
When you hire our office to handle your traffic matter, we will work hard to minimize the effect the violation might have on both your drivers license and your insurance. In the vast majority of cases, it is possible to avoid having any license points or any increase to one’s insurance. Where this is not possible, either because of the extent of the violation or due to one’s prior driving history, our office can still usually help keep the points to a minimum. Most violations can be handled without you having to appear in court yourself.
​
A conviction for driving while impaired will result in your drivers license being suspended and your car insurance increasing dramatically. Depending upon the circumstances or your previous driving history, a conviction can result in active jail or prison time. Any conviction will result in substantial court costs and fines. If you are charged with DWI, our office will make every effort to prepare a defense to try to challenge the prosecution’s case and avoid a conviction. Where a defense is not realistic under the facts of the case, we will work hard to help you through the complex nature of DWI sentencing laws so that your court costs and fines can be reduced. We will fight to protect your freedom and to avoid or reduce potential active jail time.
​
If your license is currently revoked, or if it will be revoked by an upcoming conviction, our office can determine if you qualify for a limited driving privilege to enable you to drive to work and maintain your household during the suspension. Whether your license is suspended for DWI, past convictions of driving while license revoked, a conviction for a moving violation during a period of suspension, a conviction for excessive speeding, or an out-of-state traffic conviction, we can obtain a limited driving privilege for you in the event that you meet the requirements.
​
Our office can also assist with the restoration of your drivers license. We will review your driving history and determine if action can be taken to end the suspension and restore your license. We also provide full representation at DMV hearings pertaining to various issues.
​
If you are charged with driving while license revoked (DWLR) or other traffic violations while your license was revoked or suspended, certain convictions can add to the current suspension of your license. As a result, such cases should be handled carefully. Our office can explain what you are facing and we will help you get your license back whenever that is possible. We will make every effort to help you avoid further suspension of your drivers license.
FAMILY LAW
We are dedicated to helping you navigate through the complex laws and procedures pertaining to family law. We are prepared to assist you in any of the following areas:
-
Divorce
-
Child Custody
-
Child Support
-
Equitable Distribution/ Division of Marital Property
-
Separation Agreements
-
Adoptions
-
Change of Name
​