1. Hiltzheimer Law Office, PLLC
Practice Focus: DWI defense, felony defense, drug crimes, violent crimes, sex crimes, federal criminal defense
Case Types Handled: DWI/DUI, first-degree murder, armed robbery, drug possession, possession with intent to sell or deliver, firearms offenses, felon in possession of firearm, rape, sexual battery, embezzlement, larceny, federal crimes, traffic violations
Legal Services: Trial defense, motion practice (including suppression motions), jury trials, bench trials, plea negotiations, appeals, expungement petitions, federal court representation
Background: Benjamin Hiltzheimer earned his B.A. in Philosophy and Cognitive Science from the University of Georgia in 1999 and his J.D. from The George Washington University Law School in 2006. He began his career at the Public Defender Service for the District of Columbia (2006-2011), described by former U.S. Attorney General Eric Holder as “the best public defender office in the country.” During his time at PDS, he spent two years in a specialized role addressing complex forensic issues and systemic criminal justice concerns in collaboration with the Innocence Project. He founded Hiltzheimer Law Office in 2011 and relocated to North Carolina in 2012. He is admitted to practice in North Carolina (2011), the U.S. District Court for the Eastern and Middle Districts of North Carolina, and is a member of the North Carolina Advocates for Justice Criminal Defense Section. His numerous accolades include selection to Best Lawyers and Best Law Firms (2022-2025), National Trial Lawyers Top 100 Trial Lawyers, Rising Star by North Carolina Advocates for Justice (2019), and Criminal Defense Attorney of the Month by Attorney At Law Magazine.
Location: 331 West Main Street, Suite 604, Durham, NC 27701
Contact: (984) 308-8418 | (919) 899-9404 | https://www.hiltzheimer.com/
Consultation: Free consultation available, evening and weekend availability
2. Thomas, Ferguson & Beskind, LLP (Kellie Mannette)
Practice Focus: State criminal law, juvenile delinquency law, capital defense, appellate practice
Case Types Handled: Murder, capital cases, felony offenses, misdemeanors, juvenile delinquency, drug charges, sex offenses, violent crimes, appeals, post-conviction matters
Legal Services: Trial defense, capital defense, appeals, post-conviction relief, juvenile delinquency representation, motion practice, plea negotiations
Background: Kellie Mannette is a Board Certified Specialist in State Criminal Law and Juvenile Delinquency Law, as certified by the North Carolina State Bar Board of Legal Specialization. She earned her J.D. from the University of North Carolina School of Law in 2009. As a law student, she served as co-president of the UNC Innocence Project and interned at the North Carolina Center on Actual Innocence investigating post-conviction claims of innocence. She also interned at the Wake County Public Defender’s Office. After law school, she joined the Fair Trial Initiative as an Osborn Fellow, where she assisted in the representation of individuals facing the death penalty, including involvement in two first-degree murder trials. She has served as Adjunct Assistant Clinical Professor at UNC’s Youth Justice Clinic (2012, 2014, 2023), supervising law students representing juveniles in Durham and Orange counties. She was selected to Super Lawyers (2025-2026) and is a member of the North Carolina Advocates for Justice. She is admitted to practice before North Carolina state courts, the U.S. District Court for the Middle District of North Carolina, the U.S. Court of Appeals for the Fourth Circuit, and the U.S. Supreme Court.
Location: 201 West Main Street, Suite 400, Durham, NC 27701
Contact: (919) 682-5648 | https://tfblawyers.com/
Consultation: Consultation available by appointment
3. Cole Williams Law
Practice Focus: DWI defense, criminal defense, drug charges
Case Types Handled: DWI/DUI, drug possession, drug distribution, traffic offenses, felonies, misdemeanors
Legal Services: Trial defense, DMV hearings, administrative license revocation hearings, standardized field sobriety test challenges, blood and breath test challenges, plea negotiations
Background: Cole Williams has practiced criminal defense law in Durham for over two decades. He is a founding member and faculty of the DUI Defense Lawyers Association (DUIDLA) and a member of the National College for DUI Defense (NCDD). He holds advanced certifications in the science and technologies of standardized field sobriety testing and blood testing for alcohol and drug concentrations. His specialized training in DWI defense science allows him to challenge the technical aspects of breath testing, blood testing, and field sobriety tests. He is recognized in the Durham legal community as an accomplished courtroom advocate with extensive trial experience.
Location: 411 West Chapel Hill Street, Suite 808, Durham, NC 27701
Contact: (919) 688-2647 | https://www.colewilliamslaw.com/
Consultation: Free consultation available
4. Frasier & Griffin, PLLC
Practice Focus: Criminal defense, traffic violations, expungements, domestic violence defense
Case Types Handled: Felonies, misdemeanors, traffic violations, domestic violence, drug charges, theft offenses, assault, expungements
Legal Services: Trial defense, plea negotiations, expungement petitions, traffic court representation, motion practice
Background: Randy Griffin has practiced criminal defense in Durham and Raleigh for over 17 years. The firm provides representation throughout Wake and Durham counties. The attorneys at Frasier & Griffin have developed relationships with prosecutors and court personnel throughout the Triangle area, which assists in negotiating favorable outcomes for clients. The firm has a track record of obtaining dismissals, reduced charges, and favorable plea agreements for clients facing charges ranging from traffic violations to serious felonies.
Location: 401 East Chapel Hill Street, Suite A, Durham, NC 27701
Contact: (919) 680-4039 | https://frasierandgriffin.com/
Consultation: Free consultation available
5. Patrick Roberts Law, PLLC
Practice Focus: Felony defense, sex crime defense, homicide defense, trial litigation
Case Types Handled: First-degree murder, statutory sex offenses, rape, violent crimes, drug offenses, domestic violence, juvenile offenses, white collar crimes
Legal Services: Trial defense, jury trials, motion practice, preliminary hearings, plea negotiations, appeals
Background: A. Patrick Roberts earned his J.D. from Duke University School of Law and has over 23 years of legal experience. He is a graduate of the Trial Lawyers College, a selective program for practicing trial attorneys, and the Trial Practice Institute at the National Criminal Defense College. Prior to founding his private practice, he served as a prosecutor in Wake, Johnston, and New Hanover counties, giving him direct insight into how the prosecution builds and evaluates cases. He has secured Not Guilty verdicts in cases ranging from statutory sex offenses to first-degree murder. He is recognized by the National Trial Lawyers and is a member of the North Carolina State Bar and the National Association of Criminal Defense Lawyers.
Location: 100 East Parrish Street, Suite 350, Durham, NC 27701
Contact: (919) 688-2845 | https://patrickrobertslaw.com/
Consultation: Consultation available, including after 5pm and on weekends
Criminal Defense Regulations in North Carolina
Attorneys in North Carolina must be licensed by the North Carolina State Bar to practice law. The North Carolina Board of Law Examiners administers the bar examination and determines eligibility for licensure. Attorneys must maintain active status with the North Carolina State Bar to practice.
North Carolina’s Mandatory Continuing Legal Education (MCLE) requirements mandate that attorneys complete 12 hours of CLE annually, including at least 2 hours of ethics or professional responsibility. The reporting period runs on a calendar year basis, with compliance due by December 31.
North Carolina offers board certification in criminal law through the North Carolina State Bar Board of Legal Specialization. Attorneys who meet specific experience, examination, peer review, and continuing education requirements may be designated as Board Certified Specialists in State Criminal Law or Federal Criminal Law. This certification indicates a demonstrated level of proficiency in criminal law practice. Juvenile Delinquency Law is also available as a specialty certification.
The North Carolina Office of Indigent Defense Services oversees public defender offices and the assignment of court-appointed attorneys for indigent defendants. Eligibility for appointed counsel is determined by financial screening based on federal poverty guidelines and other factors. Public defender offices operate in many counties, while other counties use assigned counsel systems.
North Carolina classifies felonies into ten classes (A through I, plus B1 and B2), with Class A being the most serious (life imprisonment without parole or death for first-degree murder) and Class I being the least serious. Misdemeanors are classified into four classes (A1, 1, 2, and 3), with A1 being the most serious (up to 150 days active punishment) and Class 3 being the least serious (up to 20 days active punishment).
North Carolina uses a structured sentencing system that determines punishment based on the offense class and the defendant’s prior record level. Prior record levels range from I (lowest) to VI (highest) and are calculated based on prior convictions.
North Carolina maintains the death penalty for first-degree murder committed under certain aggravating circumstances, though executions have been effectively paused since 2006 due to legal challenges. Capital defense requires specialized training and certification.
North Carolina’s expungement laws have been significantly expanded in recent years. Dismissals and not guilty verdicts may be expunged. Certain first-time convictions may be eligible for expungement after waiting periods, and some nonviolent misdemeanors and felonies may qualify for expungement under specific conditions. Unlike some states, North Carolina does not provide automatic expungement, and petitioners must file a petition with the court.
Bail in North Carolina is governed by G.S. 15A-534. Judges consider factors including the nature of the offense, evidence of guilt, defendant’s criminal history, ties to the community, and ability to pay. Secured bonds, unsecured bonds, and release on written promise to appear are available options.
Frequently Asked Questions
What is the process for a criminal case in Durham County?
Criminal cases in Durham County proceed through several stages. After arrest, the defendant appears before a magistrate for initial appearance and bond determination. Misdemeanors are typically handled in Durham County District Court, where defendants may waive their right to a jury trial and have the case heard by a judge. Felonies begin with a first appearance in District Court, followed by a probable cause hearing (unless waived or the defendant is indicted directly by a grand jury). If the grand jury returns a true bill of indictment, the case proceeds to Durham County Superior Court for arraignment and trial. Defendants have the right to a jury trial in Superior Court for felony offenses. Throughout the process, plea negotiations may occur between the defense attorney and the District Attorney’s office.
How does bail work in Durham County, North Carolina?
After arrest, a magistrate sets initial bond conditions based on statutory factors including the nature of the offense, defendant’s criminal history, ties to the community, and risk of flight. Bond options include: written promise to appear (no payment required), unsecured bond (payment due only if defendant fails to appear), secured bond (requiring cash payment or a bail bondsman), and custody release to a designated person. If the defendant cannot afford the initial bond, a motion to reduce bond can be filed for hearing before a District Court judge. Durham County operates a pretrial services program that provides risk assessments and supervision for defendants released before trial.
What are the DWI penalties in North Carolina?
North Carolina DWI sentencing is determined by a system of grossly aggravating factors, aggravating factors, and mitigating factors, which place the offense into one of six levels. Level 5 (least serious, no grossly aggravating factors and substantially mitigating factors) carries a penalty of 24 hours to 60 days, with possible community service instead of jail. Level 1 (most serious before Aggravated Level 1) carries 30 days to 24 months. Aggravated Level 1 (three or more grossly aggravating factors) carries 12 to 36 months. All DWI convictions result in license revocation (1 year for first offense), mandatory substance abuse assessment, and possible ignition interlock requirements. A DWI conviction cannot be expunged in North Carolina. BAC of 0.15 or higher is a grossly aggravating factor that elevates sentencing.
Can I get my criminal record expunged in Durham County?
North Carolina expungement eligibility depends on the type of disposition and the offense. Dismissals, acquittals, and cases where no charges were filed are eligible for expungement. For convictions, eligibility varies: first-time drug convictions under G.S. 90-96 may be dismissed and expunged after successful deferred prosecution; nonviolent misdemeanors may be expunged 5 years after conviction (or completion of sentence) if the person has no other convictions; nonviolent Class H or I felonies may be expunged 10 years after completion of sentence under certain conditions. A petition must be filed with the Durham County Clerk of Superior Court. There is no automatic expungement in North Carolina, and filing fees apply (though fee waivers may be available for qualifying individuals). Once expunged, the person may legally deny the occurrence of the arrest and charge.
What alternative sentencing programs are available in Durham County?
Durham County offers several alternatives to traditional prosecution and sentencing. The Durham County District Attorney’s Office operates a deferred prosecution program for eligible first-time offenders, allowing charges to be dismissed upon successful completion of conditions. Drug Treatment Court provides intensive supervision and treatment for defendants with substance abuse issues who are charged with drug-related offenses. For eligible defendants, Community Service and probation may be available as alternatives to active jail time. Veterans Treatment Court serves eligible veterans charged with certain offenses. Juvenile offenders may be eligible for diversion programs through Juvenile Court Services. Eligibility for these programs depends on the specific charges, criminal history, and other factors determined by the District Attorney and the court.