• Do I need a lawyer?
• If I'm going to plead guilty, do I still need a lawyer?
• But the officer told me I could mail this ticket in to pay it off!
• What do I do now?

DO I NEED A LAWYER?

When charged with a traffic offense, you must first decide whether to plead not guilty and request a trial in the case or to consider trying to reach an agreement or "plea bargain" with the state's prosecutor. In either event, you are legally entitled to represent yourself or you may hire an attorney to represent you.

A vast majority of infraction traffic cases are disposed through the process of plea bargaining. In a plea bargain, the state allows the accused to plead guilty to some lesser charge in exchange for the plea of guilty. Usually, the plea is to a reduced speed in speeding cases.

The primary objective of most drivers is to avoid the increased insurance costs associated with moving violation convictions appearing on their motor vehicle record. There is nothing illegal about plea bargaining; in fact, the laws of North Carolina explicitly provide for the use of plea bargaining to resolve criminal cases.

If you decide to request a trial in your case, you should carefully consider hiring an attorney to represent you. Remember that the District Attorney prosecuting your case has likely tried dozens, if not hundreds, of cases like yours. He or she will be skilled and will be prepared to prosecute your case.

Even if you admit guilt in a case, you may still be able to benefit from the process of plea bargaining. In many instances, in order to expedite disposal of the case, the prosecutor will be willing to allow you to plead to a reduced charge in exchange for your plea of guilty. Pleading guilty to the lesser charge could save you hundreds of dollars in increased automobile insurance premiums over several years.

IF I AM GOING TO PLEAD GUILTY, DO I STILL NEED A LAWYER?

Hiring a lawyer to represent you, even when you are pleading guilty, provides you with peace of mind that a licensed professional will assist you in seeking the most beneficial result in resolving your case.

Daniel T. Barker goes to court nearly every day of the week to negotiate pleas in traffic cases with the district attorney. In preparing for Court, his office obtains the North Carolina Motor Vehicle Record (MVR) for all North Carolina drivers to ensure that the most advantageous results are sought.

We are not, however, in a position to guarantee results. In fact, in some cases, where drivers have prior traffic violations or other extenuating circumstances exist, we may only succeed in minimizing the negative effect of a conviction.

BUT THE OFFICER TOLD ME I COULD MAIL THIS TICKET IN TO PAY IT OFF!

Remember, if you mail your citation to the Clerk of Court, you are pleading guilty to the charge stated on the citation and will not have the benefits of a negotiated plea. Even though the citation may state a fine and court costs, those may only be the beginning of significant costs down the road. Be aware of what you are pleading guilty to and what effect that plea may have on your insurance costs.

WHAT DO I DO NOW?

If you have determined that you do not want to have a trial but want to benefit from a negotiated plea bargain, and you have neither the time nor inclination to go to court yourself, you may consider hiring us to represent you in the case. If so, click "next" to get started!