Frequently Asked Questions

If you are arrested, the most important thing you can do is remain calm and exercise your right to remain silent. You are not required to answer questions from law enforcement beyond providing your name and identification. Politely decline to discuss the details of your case and ask to speak with an attorney. Do not consent to searches of your person, vehicle, or home without a warrant. Contact our office as soon as possible at (919) 735-6420 so we can begin protecting your rights.

In North Carolina, misdemeanors are less serious offenses punishable by up to 150 days in jail, while felonies are more serious crimes that can carry prison sentences of more than one year. Misdemeanors are classified from Class 3 (least serious) to Class A1 (most serious). Felonies range from Class I to Class A. The classification of your charge, combined with your prior record level, determines the potential sentence. Even misdemeanor convictions can have lasting consequences for employment, housing, and your record, which is why legal representation is important regardless of the charge.

Under current North Carolina law, DWI convictions generally cannot be expunged from your record. However, if your DWI charge was dismissed or you were found not guilty, you may be eligible for an expunction of the charge itself. North Carolina's expunction laws have changed in recent years, so it is important to consult with an attorney about your specific situation. Our criminal defense attorneys can review your record and advise you on all available options.

Your first court appearance in Wayne County District Court is typically an arraignment or initial appearance. The judge will inform you of the charges against you and your rights, including the right to an attorney. You may be asked to enter a plea. In most cases, your attorney will request a continuance to allow time to review the evidence and prepare your defense. Having an attorney present at this first appearance is important because it sets the tone for your entire case.

North Carolina requires that spouses live separately for at least one year and one day before either party can file for an absolute divorce. Once the complaint is filed, the divorce can typically be finalized within 30 to 60 days if uncontested. However, related issues such as property division, alimony, and child custody can take longer to resolve and should ideally be addressed before or during the divorce process. An experienced family law attorney can help you understand the timeline for your specific situation.

North Carolina courts determine child custody based on the "best interest of the child" standard. The court considers many factors, including each parent's ability to provide a stable home, the child's existing relationships, each parent's involvement in the child's life, and the child's own wishes if they are of sufficient age and maturity. North Carolina does not presume that either parent is better suited for custody based on gender. Courts generally favor arrangements that allow the child to maintain a meaningful relationship with both parents.

While it is technically possible to reach a custody agreement without an attorney, we strongly recommend legal representation. Custody agreements have long-term consequences for you and your children, and a poorly drafted agreement can be difficult to modify later. An attorney can help you understand your rights, negotiate favorable terms, and ensure the agreement is properly drafted and enforceable. If your case involves domestic violence, substance abuse, or relocation, legal representation is especially important.

Yes. Estate planning is not just about distributing wealth — it is about making sure your wishes are followed and your family is protected. Even if your estate is modest, a basic plan that includes a will, power of attorney, and healthcare directive can prevent your family from facing costly court proceedings, ensure your children are cared for by someone you choose, and give a trusted person the authority to manage your affairs if you become incapacitated. The cost of a basic estate plan is a fraction of what your family could spend navigating the courts without one.

A will is a legal document that takes effect after your death and directs how your assets should be distributed. It must go through probate, which is a court-supervised process. A trust, on the other hand, is a legal entity that holds assets during your lifetime and can distribute them after your death without going through probate. Trusts offer more privacy, can reduce estate taxes in certain situations, and allow for more detailed instructions about how and when beneficiaries receive their inheritance. Many people benefit from having both a will and a trust as part of a comprehensive estate plan.

We recommend reviewing your estate plan every three to five years, and immediately after any significant life event such as marriage, divorce, the birth of a child, the death of a beneficiary or executor, a major change in your financial situation, or a move to a different state. Tax law changes can also affect your plan. An outdated estate plan can lead to unintended consequences, so regular reviews are important.

A special needs trust (also called a supplemental needs trust) is designed to provide for a person with a disability without disqualifying them from means-tested government benefits such as Medicaid and Supplemental Security Income. The trust funds can be used to pay for things that government benefits do not cover, such as education, recreation, personal care, and quality-of-life enhancements. Bryan King at HBHK Law has personal experience with special needs planning and can help your family create a trust that protects your loved one's benefits and quality of life.

Contact our office to discuss consultation fees for your specific type of case. We are transparent about our fees from the start, and we will never surprise you with hidden costs. Call us at (919) 735-6420 to learn more about scheduling a consultation.

While you have the right to represent yourself in most legal matters, the legal system is complex and the stakes are often high. A criminal conviction can affect your freedom, employment, and record. A poorly drafted custody agreement can impact your relationship with your children. An estate plan with errors can fail to protect your family. In most cases, the cost of hiring an experienced attorney is far less than the cost of a bad outcome. We recommend at least consulting with a lawyer before making any major legal decisions.

Our office is located in Goldsboro, NC, and we primarily serve clients in Wayne County and the surrounding counties of eastern North Carolina, including Lenoir, Greene, Johnston, Wilson, Duplin, and Sampson counties. We regularly appear in courts throughout the region. If you are unsure whether we can help with your matter, please call our office and we will be happy to discuss your situation.