Your Questions, Answered
Criminal Defense Questions, Answered
If you or someone you love is facing charges in North Carolina, you likely have urgent questions and very little time to find answers. This page covers what people ask most: what to do right after an arrest, your right to stay silent, how DWI, drug, and domestic violence cases work, and what to expect when you reach out. Merritt Wagoner has defended people across North Carolina for more than 21 years, and the goal here is simple. Give you clear answers so you can take the next step with a steadier head.
Answers
Questions people ask before they call
I was just arrested. What should I do right now?
Stay calm, be polite, and avoid talking about your case to anyone but a lawyer. You can give your name and basic identifying information, then say you want to speak with an attorney before answering further questions. Do not resist, do not consent to searches, and do not try to explain your way out of it. When you are able, **call or text 910-218-9669** so you can get guidance early.
Do I really have the right to stay silent?
Yes. Under both the U.S. and North Carolina constitutions, you have the right to remain silent and the right to a lawyer. You can say plainly, 'I am going to remain silent and I want a lawyer,' and then stop talking. Choosing to stay quiet is not an admission of guilt, and it cannot be used against you the way your words can.
Should I talk to the police if I know I did nothing wrong?
It is usually wise to speak with a lawyer first, even when you feel certain you did nothing wrong. People often share details they think are harmless that later get used in ways they never expected. You can be respectful and still decline to answer questions until you have counsel. That is your right, and using it is normal and smart.
How do DWI charges work in Wilmington and Pender County?
A DWI in North Carolina is handled in state court, and in this area that usually means New Hanover County court in Wilmington or Pender County court in Burgaw. A DWI case often involves the traffic stop, any testing, and the steps the officer took along the way, and each of those can be examined closely. **Penalties depend on the specific facts** and your record, so general rules online may not match your situation. Merritt walks you through what applies to your case.
What happens with a drug charge in North Carolina?
Drug charges in North Carolina range widely, and how a case is treated depends on the substance, the amount, and what the state says you intended to do. Some matters stay in state court in New Hanover or Pender County, while others can involve federal court. A conviction can carry serious consequences for your record, your job, and more, which is why the early decisions matter. The first step is understanding exactly what you are charged with and why.
What is a 50B order, and what should I do if one is filed against me?
A 50B order is a domestic violence protective order in North Carolina, sometimes called a restraining order. If one is filed against you, there is usually a court date, and what happens there can affect where you live, whether you see your children, and your contact with the other person. Take it seriously, do not contact the protected person, and get advice quickly. **Time is short with these orders**, so reaching out early helps.
I was charged with domestic violence. Does that mean I cannot go home?
It can, at least for a while, because domestic violence cases often come with conditions that limit contact or where you can go. Those conditions are set by the court, and breaking them can create new problems on top of the original charge. The honest answer is that it depends on your specific orders and facts. Follow the conditions exactly, and talk with a lawyer about your options as soon as you can.
What does it mean if my case is in federal court?
Federal court means your case is in the U.S. District Court system rather than state court, and the process, rules, and stakes are different. In this region that is the U.S. District Court for the Eastern District of North Carolina, where **Merritt is admitted to practice**. Federal cases tend to move differently than state cases and call for a lawyer who is comfortable in that setting. If you have been contacted by federal agents or charged federally, get counsel right away.
Can I get an old charge expunged from my record?
Sometimes, yes. North Carolina law allows certain charges and convictions to be expunged, which can mean removing them from your public record, but eligibility depends on the offense, the outcome, and how much time has passed. Not everything qualifies, and the rules can be detailed. The way to know is to have someone look closely at your specific record and what the law allows.
What happens when I call after hours?
The phone is answered 24/7 by **Karen, an AI assistant**. Karen can schedule an appointment and take a message so your information reaches the firm, but Karen does not give legal advice, does not quote fees, and does not transfer your call to an attorney. During office hours, Monday to Friday from 8am to 5pm, you can reach the office directly. You can also text 910-218-9669 any time.
How much will this cost?
Fees depend on the type of case and what it involves, so there is no one-size answer, and Karen and the AI line cannot quote a price. The right way to get clear information about cost is to speak with the firm directly about your specific situation. **Call or text 910-218-9669**, or book a time at /book, and you can talk it through with a person.
How soon should I reach out?
Sooner is usually better. Early in a case there are often more options, and important deadlines and court dates can come up faster than people expect. You do not need to have everything figured out before you call. Reach out, share what is going on, and let the conversation guide the next step.
Don't wait
Still have a question? Ask Merritt.
The fastest way to a clear answer is a short conversation. Reach out by phone, text, or by booking a consultation.
The line is answered 24/7 by Karen, an AI assistant who schedules appointments and takes messages. She does not transfer calls or give legal advice or fee quotes.