How Much Does a North Carolina Lawyer Charge to Get Your Gun Rights Restored?

If you’re ready to get your firearm rights back after a felony conviction, one of the first things you may wonder is, “How much does a North Carolina lawyer charge to get your gun rights restored?” The truth is that legal fees can vary based on the details of your case. Understanding what affects those costs can help you plan ahead.

Hire a Criminal Defense Lawyer

Hiring a qualified attorney is often the difference between a smooth restoration process and one filled with delays or denials. J. Scott Smith, lead attorney at The Law Offices of J. Scott Smith, PLLC, is a respected North Carolina defense attorney with extensive experience in firearms rights restoration.

He has been recognized by The National Trial Lawyers Top 100 and the National Association of Distinguished Counsel. His knowledge of state petition procedures helps clients navigate the process with confidence and clarity.

What Factors Can Influence the Cost of Firearms Restoration?

Legal fees for restoring firearm rights in North Carolina will vary based on the facts of your case. A straightforward nonviolent felony with no recent charges may be simpler and cheaper than a complex criminal history with several unanswered questions.

Costs may increase if a court hearing is required or additional supporting documentation, such as a character affidavit, is needed. The procedures are more complicated in a place like Forsyth County, which can drive up costs as well. Prosecutors in the Eastern District of North Carolina charged 281 illegal firearm defendants in 2023 and seized at least 249 firearms.

Questions to Ask When Comparing Legal Fees

Attorneys will not all charge the same rate or even use the same method of billing for firearms restoration. Before you decide to hire a criminal defense lawyer, you should ask specific questions. These questions are important, not just to ensure you understand the fees and can afford them, but also to prevent any surprises down the road.

Helpful questions include:

• Do you charge a flat fee or an hourly rate?
• Is there anything that is not included in the fee (filing fees, background checks, hearings, etc.)?
• Are there separate charges for court appearances and for filing fees?
• Do you provide a payment plan?
• Is there a charge for the consultation?
• How many cases involving the restoration of firearms do you handle in North Carolina per year?
• What circumstances can make my case more or less complex and more or less expensive?

Why You Need to Hire a Lawyer

Self-filing a petition for the restoration of your gun rights in North Carolina is possible, but it’s not recommended. The petition process can be risky if you don’t know what you’re doing. Mistakes and missteps can lead to your petition being delayed or denied by the judge. For the court, your eligibility to have your rights restored is not always clear-cut. Judges want to see the correct documentation and accurate petitions.

An attorney who regularly handles these matters can anticipate the judge’s questions and tailor your petition to address them. The attorney can also present evidence of rehabilitation in the most effective way and minimize the chance of denial. In the long run, a successful petition filed by a skilled attorney saves you time and money.

FAQs

Can I Restore My Gun Rights Without Hiring a Lawyer?

Yes, you can file a petition to restore your gun rights without a lawyer, but it’s not recommended. The legal process includes background checks, affidavits, eligibility review, and a court hearing in some cases. Filing incorrectly can lead to rejection or further delays. A lawyer can help you avoid mistakes, understand court expectations, and present a stronger case. Legal guidance increases the chances of a successful and timely outcome.

Does a Lower Fee Mean the Lawyer Is Less Qualified?

No, a lower fee does not necessarily mean the lawyer is less qualified. Attorneys sometimes charge flat fees for simpler cases, and some price themselves to be competitive or make their services accessible to a wide range of people. It’s fair to ask what is included and how much experience the attorney has with firearms restoration.

What Payment Options Do Lawyers Offer for Gun Rights Restoration Cases?

Payment options for gun rights restoration cases in North Carolina can vary based on the lawyer and their firm’s policies. Some lawyers may offer flat fees, while others charge hourly rates. Many also have payment plans to make costs more manageable. Discussing payment methods in advance can allow you to financially prepare for the process without unexpected costs.

Do I Have to Go to Court for Firearms Restoration?

Yes, in most gun restoration cases in North Carolina, there will be a court hearing. This is true even if your petition has no missing or incorrect information and you meet all of the eligibility requirements. A judge must take the time to review your case and decide if restoring your rights is the correct decision. It can be helpful to have an attorney present your case in court and make the process as straightforward as possible.

Can I File for Firearms Restoration If I Have a New Charge Pending?

No, if you have a new criminal charge pending in North Carolina, you typically cannot file for firearms restoration. Having a pending charge, even for a misdemeanor, can make you ineligible or result in denial. The courts want to see a clean and settled record before restoring your gun rights. You should wait until all charges are fully resolved before starting the restoration process.

Contact The Law Offices of J. Scott Smith, PLLC

Having your firearm rights restored is an important but difficult process. Costs can vary, but with the proper attorney, you can avoid delays and build a strong case. The Law Offices of J. Scott Smith, PLLC, can guide you through this lengthy and complicated process. For anyone wishing to petition for restoration, contact our office to set up a consultation.