Frequently Asked Questions

Answers to the questions people ask first.

Practical answers about state and federal criminal defense in Wilmington, New Hanover County, Pender County, and the Eastern District of North Carolina.

About Merritt and the practice

Who is Merritt Wagoner?

Merritt Wagoner is a Wilmington, North Carolina criminal defense lawyer with more than 21 years of experience. He represents people in New Hanover County, Pender County, and the U.S. District Court for the Eastern District of North Carolina.

Where is the office?

The office is at 316 Princess Street, Wilmington, NC 28401. It is two blocks from the New Hanover County Courthouse and around the corner from the Alton Lennon Federal Building.

What kind of cases does the firm handle?

Criminal defense, in both state and federal court. That includes felonies, misdemeanors, DWI, drug crimes, domestic violence, sex offenses, robberies, weapons charges, white collar matters, probation violations, and expungements.

Do you handle anything other than criminal cases?

No. The practice is focused on criminal defense. That focus is intentional. It keeps Merritt sharp on the parts of the law that matter to his clients.

New Hanover and Pender County

Do you handle DWI cases in Wilmington and Pender County?

Yes. DWI defense is a regular part of the practice in both counties. That includes first offense, repeat offense, refusal cases, and DWIs involving an accident. We address the criminal charge and the DMV license consequences as one connected problem.

Do you serve Pender County and Burgaw?

Yes. We regularly appear in Pender County District and Superior Court in Burgaw. The Wilmington office is a short drive from the Pender County Courthouse, and Merritt has been in front of the judges and prosecutors there for years.

Where is the New Hanover County Courthouse?

316 Princess Street, Wilmington, NC 28401. District court handles misdemeanors and DWI calendar call. Superior court handles felony matters. Both are in the same downtown complex.

Where is the Pender County Courthouse?

100 South Wright Street, Burgaw, NC 28425. It is a smaller courthouse with a smaller calendar and a tighter local bar.

What is the difference between district court and superior court?

District court handles misdemeanors, DWI, and the early stages of felony cases. Superior court is where felony cases are tried in front of a jury. Some matters move from one to the other depending on how they are resolved.

What is calendar call?

Calendar call is when the court reads through the day's cases at the start of a session to figure out which cases are ready, which need to be continued, and which will be heard. It can feel chaotic the first time you see it.

The Eastern District of North Carolina

Can Merritt represent me in federal court?

Yes. Merritt is admitted in the U.S. District Court for the Eastern District of North Carolina and has 21+ years of federal criminal defense experience there.

Where is federal court held in Wilmington?

At the Alton Lennon Federal Building and U.S. Courthouse, 2 Princess Street, Wilmington, NC. Federal cases venued in the southern part of the Eastern District are typically heard there. Other matters are handled in Raleigh, New Bern, Elizabeth City, or Greenville.

I received a target letter. What does that mean?

A target letter from the U.S. Attorney's Office means a federal grand jury is looking at you as a target of an investigation. You are not yet indicted, but you are close. Do not respond to the letter or discuss the case with anyone before you talk to a lawyer.

Federal agents came to my house. Do I have to talk to them?

No. You do not have to speak to FBI, DEA, ATF, HSI, or any other federal agent. You can be polite, take a card, and tell them your lawyer will be in touch. Then call this office.

What is the difference between state and federal criminal cases?

Different rules, different prosecutors, different sentencing. Federal cases run on the Federal Sentencing Guidelines. Federal discovery comes later than state discovery. Plea negotiations and trial procedure differ. A small detail in a federal case can swing the outcome by years.

What to do next

I just got arrested. What should I do right now?

Two things. First, exercise your right to remain silent. Do not explain, do not justify, do not try to "clear it up." Second, ask for a lawyer and stop talking until one is in the room with you. Then call this office.

Should I talk to the police if I think I'm innocent?

No. Especially if you're innocent. People talk themselves into trouble every day trying to be helpful. Wait until you have a lawyer.

What happens at my first court appearance?

It depends on the charge and the court. In state district court, your first appearance is typically a brief proceeding to address counsel and bond. In federal court, the initial appearance can include detention arguments that affect whether you go home that day.

Can I get my charges dismissed?

Sometimes. It depends on the evidence, the procedural posture, and whether there are problems with the stop, the search, or the witnesses. No honest lawyer will promise dismissal at the first call.

What should I bring to the first meeting?

Anything you have. The citation or indictment. Bond paperwork. Discovery, if you've received it. A list of dates and what happened. Names of any witnesses.

Fees, communication, and the AI receptionist

What does it cost to hire The Wagoner Law Firm?

Fees depend on the charges, the court, and the projected work. Some matters are flat fee. Some are billed differently. Merritt will discuss the fee directly with you once he understands what you are facing. There are no hidden costs.

What happens when I call after hours?

The line is answered 24 hours a day by Karen, an AI virtual receptionist trained on the firm. She can answer general questions about the New Hanover County, Pender County, and Eastern District court systems, schedule an appointment with Merritt, or take a detailed message.

Can Karen give me legal advice?

No. Karen can answer general questions about how the local courts work and how the firm operates, but she will not give legal advice and will not pretend to be a lawyer. Anything that requires legal judgment goes to Merritt.

How quickly will Merritt return my call?

As fast as he can. Court schedules vary. If he is in front of a judge when you call, the receptionist will route the message and you will hear back as soon as he is out.

Can I expunge an old charge from my record?

Sometimes. North Carolina has expungement statutes that cover dismissed charges, certain non-violent convictions after a waiting period, and some juvenile matters. Eligibility depends on the specific charge, the disposition, and the time that has passed. Call to find out if your case qualifies.

Don't see your question?

Call 910-218-9669. Answered 24/7 by an AI virtual receptionist.

Call 910-218-9669