Bobby Khan, of The Khan Law Offices, P.L.L.C., has been selected to the 2015 list as a member of the Nation’s Top One Percent by the National Association of Distinguished Counsel.  NADC is an organization dedicated to promoting the highest standards of legal excellence.  Its mission is to objectively recognize the attorneys who elevate the standards of the Bar and provide a benchmark for other lawyers to emulate.

Members are thoroughly vetted by a research team, selected by a blue ribbon panel of attorneys with podium status from independently neutral organizations, and approved by a judicial review board as exhibiting virtue in the practice of law.  Due to the incredible selectivity of the appointment process, only the top one percent of attorneys in the United States are awarded membership in NADC.  This elite class of advocates consists of the finest leaders of the legal profession from across the nation.

What Is a Search and What Is a Seizure of a Person? Our Attorneys in Monroe NC Answer

Search and seizure issues are complex Constitutional questions that weigh and balance two strong, competing interests; the right of the individual to be safe and secure in their person and property versus the government’s legitimate interest in detecting and preventing crime.

What Constitutes a Search

Not every interaction between the government and a person is considered a “search” for Constitutional purposes. An intrusion may be a search if:

  • The person has a reasonable expectation of privacy in the object searched, and
  • That expectation is legally reasonable

Consequently, it is not considered a search if, for example, the police approach you on the street and ask questions, shine a flashlight into a car window or look through an open window.

What Constitutes Seizure of a Person

Seizure of a person involves the concept of whether under the circumstances of the encounter between you and a police officer, a reasonable person would have thought he or she was free to terminate the encounter and leave. Some examples of where courts have found a seizure of a person include:

  • The display of a weapon by an officer
  • The presence of several officers
  • The touching of a person by an officer
  • A threatening or loud tone of voice by an officer

Contact Search and Seizure Attorneys in Monroe NC for Legal Advice

The police have a great deal of power, but it is not without limits. Understand and protect your rights. Call the Khan Law Offices, search and seizure attorneys in Monroe NC, at 704-774-6426.

Want to Understand a Class 1 Misdemeanor NC or Class 3 Misdemeanor NC? Our Attorneys Explain

class-3-misdemeanor-nc-2Misdemeanors in North Carolina are placed into different classes, depending on the seriousness of the criminal offense, and range from a class 1A or class 1 misdemeanor NC to a class 3 misdemeanor NC. The penalties differ according to the classification. While the name misdemeanor may seem minor, this type of offense can adversely impact an individual’s employment and other opportunities in the future and should be taken seriously. Consulting with an attorney experienced in criminal misdemeanors is important since an attorney may be able to negotiate for a lower sentence and fines.

Types of Misdemeanors

North Carolina misdemeanors are categorized into four classes: A1, A, B and C. The most serious offense is A1, which carries the highest penalties. Each category is for specific offenses from the most egregious to the least.

Types of Penalties

In addition to a fine, an individual convicted of a misdemeanor may be sentenced at the discretion of the judge to either active, intermediate or community punishments. While active punishments involve jail time, the other two types are imposed at the judge’s discretion as alternate types. These may include drug treatment, house arrest, probation, community service or educational programs. Penalties associated with all misdemeanors in North Carolina may vary depending on whether the plaintiff has a previous conviction record and the number of convictions involved.

Class 1A Misdemeanor NC

An A1 misdemeanor encompasses the most serious offenses. This charge may result in a fine chosen by the judge as appropriate and a jail sentence of up to 150 days. Charges of this type can include various types of assault, including aiming a gun at another person, peeping into a room at another person without his or her knowledge while in possession of a photographic device and first offense stalking.

Class 1 Misdemeanor NC

A class 1 misdemeanor in North Carolina can carry a jail sentence of up to 120 days, along with a fine deemed appropriate by the judge. Types of misdemeanors categorized as class 1 offenses include forcible trespass, various types of larceny such as possessing or receiving stolen goods valued at under $1,000, trespassing on public lands and possession of drug paraphernalia.

Class 2 Misdemeanor NC

A class 2 misdemeanor includes lesser offences such as disorderly conduct, simple assault, trespassing on land with a motorized all terrain vehicle, indecent exposure or cyberstalking. Penalties can include jail time for up to 60 days and a fine of up to $1,000.

Class 3 Misdemeanor NC

A class 3 misdemeanor NC is the least serious type but still carries penalties that may adversely affect an individual. This charge carries a penalty of up to 20 days jail time and a fine of $200. A class 3 misdemeanor may include marijuana possession or hunting without a license.

Previous Convictions

Having previously been convicted of a misdemeanor increases penalties when accused of a new misdemeanor. An individual with no previous convictions is categorized as Level 1. Those with one to four previous convictions are categorized as Level 2, and individuals with five previous convictions or more are placed in Level 3. The previous misdemeanor convictions of an individual will be calculated into the penalties assigned to the new case.

Why a Plaintiff Needs an Attorney for Misdemeanor Charges

Misdemeanors, just as other criminal charges, require the services of legal representation skilled in defending these types of charges. For example, an attorney can examine whether your civil rights were violated. If there is sufficient evidence to show that an individual committed an offense, a plaintiff may receive a reduction of the charges or a dismissal. In addition, an attorney can examine if certain evidence in the case might be suppressed by the judge so that it cannot be used against the individual during a trial.

When You Are Charged with a Misdemeanor

Individuals charged with a misdemeanor appear in court and may either plead guilty or not guilty. An attorney may negotiate a plea agreement to lower charges and/or fines. In some instances, participation in counseling or community service might lead to a dismissal of the case, depending on the judge’s discretion. Pleading not guilty means the case will go before a judge. After hearing the evidence, the judge will rule and, if an individual is found guilty, will impose penalties ranging from fines to incarceration. If convicted, an individual has the right to appeal to a higher court where the case would be heard by a jury.

Contact an Attorney When Facing a Class 1 Misdemeanor NC or Other Charges

When an individual is faced with a misdemeanor criminal charge, a conviction may adversely impact that individual’s future in terms of renting a house, finding employment or in other areas. An attorney experienced in handling misdemeanor cases, such as a class 3 misdemeanor NC, can assist by reviewing the charges, examining evidence and preparing a defense to lower fines and other penalties or to have the charge dismissed if sufficient evidence is lacking in the case. Call 704-774-6426 today.

How an Attorney Can Help You Get an Expungement in NC

expungement-in-ncIf you have made regrettable mistakes in the past that you have since overcome, you may be eligible for an expungement in NC. Expungement and record sealing, which conceals or destroys any public records of criminal offenses and accusations, varies from one state to another. Expungement in North Carolina allows leeway if you have been accused and cleared of a crime or sustained a misdemeanor or low-level felony. The laws in North Carolina are often more lenient than those in other states, but there are still some limitations you should be aware of before applying for expungement.

What Is Expungement?

Sealing records results in the concealment of paper and electronic records of your criminal accusations and charges from the public view. Expungement means that the files are destroyed entirely. In North Carolina, expunged records are still kept on file with the Administrative Office of the Courts. You are limited to one expungement in your lifetime, so the records are used only to ensure that you have only used one expungement. A Union County criminal attorney may be able to provide you with more information on how and why these records are kept. Expunged information is only accessible to state judges. The general public, including landlords and potential employers, do not have access to expungement records. If you have had your records expunged, you are allowed to answer “no” on forms asking about criminal records because your charges are not acknowledged for any purposes other than record keeping.

Expungement Eligibility

North Carolina law gives significant leniency to those whose cases were dismissed or who were acquitted. DNA records and records of arrest may be expunged as well as court documents. Being young at the time of the alleged offense results in greater leeway as well, especially if you were under 21 at the time of a drug offense or committed a non-violent felony before the age of 18. A Union County criminal attorney may be able to help you determine if you meet any leniency standards for North Carolina. Older adults with non-violent crimes face a 15-year waiting period. Sex-related crimes, serious drug offenses and major felonies are not eligible for expungement.

Getting Expungement

A Union County criminal attorney may be able to help you figure out whether you are eligible for the expungement process. The first step is completing an application and filing a petition with the court that handled your case. The application must include a case number, date of arrest, date of offense, description of the offense and disposition records. After this information is processed, the court forwards the application to various agencies in the state. The court also calls upon the North Carolina Bureau of Investigation as well as the state prosecutor for an opinion on your expungement. Once all relevant investigations are finished, the completed information is forwarded to the judge in the county in which you filed your request. If approved, the judge will send orders to all agencies and courts that hold a record of the case.

Alternatives to Expungement

In some states, an official pardon only offers forgiveness for the crime, but North Carolina offers “pardons of innocence.” These pardons alloy you to file for expungement and completely erase the incident from your record. A “pardon of clemency” only allows for restoration of your civil liberties, such as the right to possess firearms.

Contact a Lawyer for Expungement in NC

To obtain record expungement in NC and work with a criminal lawyer you can trust to represent your needs, contact the Khan Law Offices today at 704-774-6426.

Our Union County Criminal Attorney Addresses Arrests and Related Procedures

union-county-criminal-attorney-300x199Clients often question our Union County criminal attorney about arrests, booking procedures and bail. If you have been arrested, you will want to know what you need to do to be released. The courts follow specific procedures prior to a release, including booking you into custody and holding a bail hearing where a judge or magistrate will decide how much if any bail you must pay. After you have paid bail or retained the services of a bond agent to accomplish this for you, you will be released. Our Union County criminal attorney reviews the bail amount to ensure that it is fair and helps you as needed in order to expedite your release from custody.

Step One: The Arrest

If you have been taken into custody and do not have the freedom to leave, you have been arrested, even if you were not handcuffed. If law enforcement personnel read you your rights, you have also been arrested. However, sometimes the police do not tell people that they are under arrest. In some cases, questionable arrest procedures could affect if evidence is admitted in court or even mean the dismissal of your case. Discuss the circumstances surrounding your arrest with our Union County criminal attorney in order to determine if your rights were violated.

Step 2: Booking Procedures

Once you have been formally arrested, the authorities will book you into custody. This involves asking you certain questions about your personal background and related history and organizing information about the alleged offense. The officer will write up a police report, including your statements, about the incident. You will be fingerprinted and photographed, and another jail employee will run a criminal background check on you. The police will take your personal items, including your clothing, and store them until it’s time for your release. You will then be placed in a holding cell.

Step 3: The Bail Hearing

Bail means that you, or a designated representative, pay a predetermined amount of money to the court to ensure that you attend all court hearings as directed and to ensure that you do not leave the area. The bail amount depends on the type of crime; those accused of misdemeanors will likely pay a reduced bail or even none at all while someone accused of a more serious offense, especially a crime against a person, will likely need to pay a high amount of bail. If the judge decides that you do not need to pay bail, you will be released on your personal recognizance or on your own word and good name in the community. The judge will review your case, the alleged offense, your criminal history, if you are employed, community connections, your financial situation and how long you have lived at your residence and in the community. He or she will then evaluate if you will appear for your upcoming court hearings and if you pose a risk to community safety. In some cases, you could be held without bail if you are a flight risk or a threat to the community. If you have access to money, you might also need to pay a higher bail amount in order to impact you of the severity of your offense. With or without bail, the courts will likely impose conditions of release, including:

  • Travel restrictions
  • Regular visits from a court-appointed official
  • Calls to the same official
  • Prohibitions on alcohol consumption
  • Court-ordered drug and/or alcohol tests and
  • Restrictions on contact with listed victims and/or witnesses in the case.

Your Union County criminal attorney can help you determine if any of these terms are unfair and make your case to the judge. In addition, he or she can walk you through the entire process of these procedures.

Contact Our Union County Criminal Attorney

Our Union County criminal attorney at the Khan Law Offices can answer your concerns and provide you with additional information on arrests, booking and bail. Call us at 704-774-6426.

Our Union County Criminal Attorney Discusses Search and Seizure Requirements

union-county-criminal-attorneyUnion County criminal attorney Bobby Khan has represented many cases where the evidence being used to prosecute his client was gathered violate to the constitutional rules for search and seizure. There is a definite protocol for seizing evidence that often gets overlooked when an overzealous officer is wanting to arrest an individual but cannot find adequate reasonable suspicion to search for probable cause.

Why You Need Professional Criminal Representation

Having an experienced and aggressive Union County criminal attorney can make a major difference in your case. Bob Khan understands that the state is not necessarily entitled to a conviction, even though the court may operate in a manner that allows questionable evidence acquired counter to proper rules of evidence. Retaining a reputable Union County criminal attorney can also help when attempting to be released on bond by local bonding agency because it is an assurance that you already have legal counsel.

Building a Defense in Search and Seizure Cases

The primary goal of your Union County criminal attorney will be to pinpoint how evidence was actually acquired. The U.S Supreme Court has set forth national guidelines on what constitutes as illegally obtained evidence. Even evidence acquired by a claim of the “plain sight” doctrine can still be suppressed when the officer did not enter private property legally. Even failure to obtain a warrant can justify evidence suppression, and many times the state will have no recourse but to dismiss the case for lack of legal evidence.

Searching Personal and Private Property

Evidence that is found in a vehicle or on a suspect must also be ascertained according to evidence seizure protocol. Even the arrest of an individual who was searched improperly can be problematic, as this could also constitute illegal detainment. The same is true for searching a dwelling or structure without permission from the owner, which actually amounts to warrantless search. The failure to stop the investigation by the officer until a warrant is obtained is a common police practice, and your attorney from the Khan Law Offices will be able to perform their own investigation into the arrest and question the officer on reasonable suspicion and the evidence seizure process to establish probable cause.

Contact a Union County Criminal Attorney

Anyone facing criminal charges in North Carolina based on illegally obtained evidence should contact the Khan Law Offices at 704-774-6426 in Monroe for a full evaluation for a case dismissal.

Our Monroe NC Criminal Attorney Discusses the Importance of Knowing your Rights

If you have been arrested on criminal charges, contact your Monroe NC criminal attorney before speaking to anyone else. Having your experienced criminal attorney by your side during your questioning could impact the future of your case. Knowing your rights is of the utmost importance. When arrested, it is important to remember that you have the right to remain silent as to not incriminate yourself any further. The following information from your Monroe NC criminal attorney discusses your Miranda rights, including your right to remain silent. If you have any further questions about your Miranda rights, contact your Monroe NC criminal attorney for a consultation.

Knowing Your Rights and Why They Are Important

Anyone who watches television or movies has certainly seen the police make an arrest. The cuffs go on and the cop begins to recite their lines, “You have the right to remain silent. Anything you say can and will be used against you in a court of law.” These lines are the beginning of what is known as your Miranda rights. The Miranda rights are your legal rights that should be read to you as you are being taken into police custody. These rights are in place because of a case known as Miranda v. Arizona. Due to the ruling in Miranda v. Arizona, it is now mandatory that police officers must advise you of the following when you are being arrested:

  • you have the right to remain silent and not further incriminate yourself
  • you have the right to call your attorney for a consultation
  • you have the right to have an attorney present during questioning
  • if you would like an attorney but cannot afford one, one will be appointed to you
  • you have the power to stop police questioning at any time

When Should You Be Advised of Your Rights

Your Miranda rights must be read to you are in police custody or if the police plan on questioning you. Keep your Miranda rights in mind during any sort of questions that they may ask you, not just those in an interrogation situation. This includes any line of questioning that could lead you to saying something that incriminates yourself. Being in police custody means that you are not free to leave whenever you want. One of the stipulations of the Miranda rights is that if you choose to remain silent, this cannot be assumed as an admission of guilt from you by the police or a court of law. There is a loophole to the Miranda law, however. It does not require your Miranda rights to be read if you are technically not in police custody, even if they are questioning you. Police officers will start this line of questioning out by first telling the person that they are not in custody, and in fact free to leave whenever they choose to. If you are being informally questioned by the police, unfortunately your right to remain silent is not as much of a right anymore.

What Your Right to Be Silent Really Means

In a 2013 United States Supreme Court decision, it was found that the right to remain silent while out-of-custody does not hold the same weight as it does once your Miranda rights have been read. Based on this recent ruling, if you are out-of-custody and refuse to answer any questions, it can be used as an admission of guilt by the prosecuting attorney. The prosecution will be able to comment on the silence in court on a suspect who:

  • is remaining silent without invoking their Fifth Amendment right
  • is not in police custody and has not been read their Miranda rights
  • is voluntarily answering questions from the police

If you find yourself in this situation and you would like to remain silent, you must tell the police officer that you are using your Fifth Amendment right by not saying anything that could incriminate yourself. A 2010 the United States Supreme Court made a ruling that a suspect who has been read their Miranda rights cannot just remain silent, they in fact have to tell the police that they are choosing to exercise their right to remain silent. If the suspect does not invoke their right to remain silent, then whatever they say can and will be used against them once they go to trial.

How to Exercise Your Right to Remain Silent

While the 2013 United States Supreme Court ruling does not leave a lot of options for remaining silent while being questioned out-of-custody, you still have an option to exercise your right to remain silent. As stated above, you will need to explicitly tell the police officer who is questioning you that you choose to exercise your Fifth Amendment right to not incriminate yourself by answering their questions. If you choose to remain silent through your Fifth Amendment right, it cannot be brought up in a court of law during your trial. Be aware of your rights and what you need to do to protect yourself. Your rights are there to be used and invoked when needed. If you are picked up by the police for questioning and do not want to incriminate yourself, invoke your Fifth Amendment right. If you are read your Miranda rights and brought into custody, the first thing you should do is tell them that you are retaining your right to remain silent. The second thing is to place a call to your criminal attorney.

Schedule a Consultation with a Monroe NC Criminal Attorney

Having an experienced and skilled attorney working your case could have a huge impact on the outcome. Your Monroe NC criminal attorney has the knowledge and experience to help you get the most successful outcome. The Khan Law Offices have the Monroe NC criminal attorney who will help you fight for your rights in your criminal case. Call 704-774-6426 today to schedule your consultation!

How to Get Probation

A Union County criminal attorney can explain that there are different ways in which a criminal defendant may be able to receive probation. The options are outlined below.

Suspended Sentence

One way that a criminal defendant may be sentenced to probation is if his or her sentence is suspended.

Probation Is Suspended

Alternatively, a sentence may be originally imposed but its execution may be suspended. The court declares how much time the defendant will be required to serve. However, it follows up this statement by stating that it is choosing to suspend the execution of the sentence. If this occurs, the court can re-sentence the criminal defendant if he or she violates the terms of probation for any period of incarceration so long as it does not exceed the statutory maximum. If the court revokes probation, it will order the defendant to serve the time that was originally suspended.

Sentence of Probation

A final option is for the judge to sentence the defendant to probation. If probation is revoked under this scenario, the court can impose the statutory maximum.

Supervised Release

Another form of supervision that the court may impose is supervised release. This does not change the amount of time that a criminal defendant will be incarcerated. It also does not substitute for incarceration. Instead, the criminal defendant serves the required time and then serves an additional period of supervised release, as a Union County criminal attorney can explain.

Legal Assistance

For more information on probation or parole, contact a Union County criminal attorney at Khan Law Offices.

Child Exchanges

Clients sometimes ask our Monroe NC divorce attorney about using children to report on the other party after a divorce. The following guidelines will help parents in keeping their child out of the middle of adult matters.

Guidelines for Parental Exchanges

  • No keeping tabs on the other parent – The child should not be placed in the middle of the divorce as they already feel torn between both parents. They want to do everything possible to please both without rejecting either one. If the parents treat each other respectfully, this will be easier to achieve.
  • Handling distraught children after a contact – The child might struggle with emotional issues due to the end of the marriage. The parents should be able to resolve this in a way that benefits everyone involved, especially the child.
  • Agreeing on discipline so that the burden does not fall on one parent.
  • Honoring basic kindness and concern – Both parties should be considerate to each other despite their differences.
  • Focusing on the child’s best interests – The parents should do everything they can to keep visitation normal for the sake of the child. His or her future mental health is likely at stake. The child should be able to count on the unconditional love of both parents.
  • Exemplifying common courtesy regarding times – Parents should work together regarding pick-up and drop-off locations for children. In some cases, they might need to meet at a grocery store or a coffee shop to help make the exchange a bit easier. For example, if they meet at a supermarket, a younger child can transition from one to the other more smoothly. Parents might decide to let the child choose a treat during this time.

Contact Our Monroe NC Divorce Attorney

If you have questions when a marriage ends and the effects on children, contact our Monroe NC divorce lawyer at the Khan Law Offices.

Initial Rights after Arrest

If you are ever arrested, it is important that you know the steps that you should take to protect your legal rights, as a Union County criminal attorney can explain.

During the moments after your arrest and leading up to your initial appearance in court, you may not have continued access to a phone. Your family may be searching for you and may attempt to contact a lawyer on your behalf.


If you are ever arrested, you may go from the police station to the county jail. Next, you will likely be taken to court for your first appearance. Some people may be placed in a temporary booking facility, depending on the location where they were arrested. Different routines may occur over the weekend or at night.

Contact with an Attorney

Once you or your family retain a Union County criminal attorney, he or she will take steps to locate you and have a confidential meeting with you. He or she will learn how long you will be expected to be at the particular facility, whether you can receive visits from family and whether you can be bailed out.

Illegal Arrests

Before you are arrested, police must have probable cause to make the arrest, meaning that the arresting officer has a reasonable belief that you committed a crime. If police did not have probable cause to make the arrest, you may be entitled to be released. Additionally, any evidence obtained from the illegal arrest cannot usually be used against you.

Legal Assistance

For further information on this topic, contact a Union County criminal attorney from the Khan Law Offices.

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