Frequently Asked Questions (FAQs)

Criminal Law FAQs

Do I need a lawyer if I am guilty?

You should always have a criminal defense lawyer when accused of a crime. Even if you committed the crime, you still have the right to a fair trial. Law enforcement may use unlawful methods to prove your guilt or may try to charge you with a more serious crime that may lead to harsher penalties. A criminal defense attorney can protect you against these practices.

Can a police officer search my house or car?

There are three common ways police can gain lawful access to your property: with a warrant, with probable cause or with your permission. Gaining a warrant is a difficult process, and many times police will not have the necessary probable cause, so they will fool you into giving your permission. If an officer asks to search your house or vehicle, you should always politely decline.

Do I have to take a sobriety test if I'm pulled over on suspicion of drunk driving?

You are technically allowed to refuse chemical sobriety tests, but that often comes with more severe penalties than if you're found guilty. As a condition of receiving your driver's license in North Carolina, you agree to take any breath or blood tests if you are pulled over on suspicion of drunk driving. If you refuse, your license will be taken away for at least a year. If you are found guilty, it could be taken away for as little as 30 days.

Family Law FAQs

I just separated from my spouse; can I get a divorce?

North Carolina law requires you to wait a year after separating to get a divorce. However, you can start receiving child support and decide on how you would like to divide assets through a separation agreement. These agreements can occur the moment you and your spouse separate and can help you establish custody and other terms prior to your divorce.

My spouse and I agree on our divorce. Do we still need an attorney?

Uncontested divorces could be completed without an attorney, but many issues could arise today or in the future that you could miss in your divorce agreement. To ensure that the divorce is done completely and all terms are laid out in the document, it is best to consult an experienced attorney.

My spouse cheated on me. What can I do about it?

North Carolina is a no-fault state, which means that in terms of your divorce, adultery has little sway. However, North Carolina is one of the few states with laws regarding alienation of affection or criminal conversation. This allows you to sue the person with whom your spouse cheated for causing you to lose affection for your spouse and tarnishing the marriage. In some instances, you can even use this lawsuit as leverage to get a better settlement against your spouse in a divorce. These are complicated cases — to best evaluate your options, contact our offices today.

Personal Injury FAQs

How do I afford a personal injury attorney?

Personal injury cases are taken on a contingency fee basis. We understand you are facing high costs following your accident, which is why you won't pay us a dime in attorney's fees if we lose. In fact, we are paid only a percentage of the money we secure for you, which means you are nearly always able to afford it.

Why can't I just accept the insurance company's offer?

Insurance companies aren't concerned with what's best for you. These companies operate on a profit and are trying to minimize their costs. Their offers are always low, and are hardly enough to cover all the expenses following your injury. Our attorneys are familiar with their tactics and will work hard to get every penny you need to make a full recovery.

What do I do after a car accident?

Seek medical attention, first and foremost. Even if you don't believe you are injured, you should get checked right away. If an injury develops later on, you could lose out on some of your rightful compensation because you waited to get treatment. Also be sure to take photos of the accident, take down the information of any witnesses and always contact an attorney before talking to any insurance agents.

Real Estate FAQs

Why do I need an attorney to buy or sell my house?

Many people are happy with just a real estate agent to help them through the purchase and sale process. These agents have little knowledge of the intricacies of real estate law, however, and are no help when a legal issue arises. Your home is often the biggest investment of your life — you should always have a knowledgeable attorney look over your paperwork, protect your rights and help facilitate a smooth purchase or sale. It will most likely save you money in the long run.

Have More Questions? Call Our Charlotte Office At 704-269-4223.

The law can be complicated, and every case is unique. While we can't answer all questions on our website, we would be happy to answer them on the phone or in person. Call GPS Law Group at 704-269-4223 to speak to one of our attorneys, or send us an email to schedule an appointment. We also have services available in Korean, Spanish and French.