When legal challenges put your future at risk, you need more than just a lawyer. At Martine Law, we stand by individuals and families across Durham, NC, with dedicated support in both family and criminal law. From divorce and custody disputes to DWI and assault defense, our attorneys bring the experience and determination to protect your rights and fight for the best possible outcome.
Durham, North Carolina
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Criminal Defense Services in Durham, NC
Facing criminal charges can feel overwhelming, but you don’t have to go through it alone. At Martine Law, our Durham defense attorneys have successfully handled cases involving DWI, drug charges, domestic violence, and felony assault.
Family Law Services in Durham, NC
Family legal issues can be deeply personal and stressful, but you don’t have to face them alone. At Martine Law, our Durham family law attorneys help with divorce, child custody, and property division, always focusing on what matters most to you.
Our Process
STEP TWO:
We’ll discuss your situation and desired outcomes, and determine if we can help.
STEP THREE:
If we’re a good fit, we’ll fight to get you the best results possible!
No one anticipates a day in court,
but we’re here to make it easier with a solution that works for you.
OUR MISSION
At Martine Law, we fight for just solutions that keep people – and the government – honest.
OUR VALUES
We believe in justice that works for everyone, not just a few. Good people from all walks of life can find themselves unexpectedly tangled up in complex legal battles.
Trustworthiness, Honesty, Ethics, Hard Work, and Excellence are what we believe in.
OUR ADVANTAGE
The justice system is often unfair and challenging to navigate, but that’s where our proven track record matters. We’re ready to fight fiercely on your behalf. When necessary, we’re prepared to take the gloves off to ensure your rights are protected and upheld.
“I got into a lot of trouble a few years back. Xavier Martine was fantastic, both inside the courtroom and out. He kept me out of jail and allowed me a path to get my life back on track.”
Tyler Z.
Meet Our Team
Criminal Defense FAQs
What should I do if I've been arrested or charged with a crime in Durham, NC?
If you’re arrested or facing criminal charges in North Carolina, remain calm, comply respectfully with law enforcement, and do not answer any questions without legal representation. You have the constitutional right to remain silent, use it. The most critical step is to contact an experienced criminal defense attorney in Durham as soon as possible. The sooner you involve a lawyer, the better they can protect your rights, challenge the evidence, and guide you through the legal process.
What types of criminal cases does Martine Law handle in North Carolina?
At Martine Law, our Durham criminal defense attorneys represent clients across a broad spectrum of charges. We handle cases including DWI/DUI, drug crimes, assault and battery, domestic violence, theft offenses, gun charges, sex crimes, and more. Whether you’re facing a misdemeanor or felony, our legal team brings experience, dedication, and aggressive advocacy to every case, helping you fight for the best possible outcome.
Will I have to go to trial for my criminal case in Durham?
Not always. At Martine Law, our priority is to explore every legal option before trial. Our Durham criminal defense lawyers will first assess if your case can be dismissed based on evidence or procedural issues. If dismissal isn’t possible, we’ll pursue favorable outcomes through plea negotiations, reduced charges, or alternative sentencing. But if trial is the best path to protect your rights, our legal team is fully prepared to fight for you in court.
How do I choose the right criminal defense attorney for my case in Durham?
When selecting a criminal defense attorney in Durham or elsewhere in North Carolina, prioritize experience, results, and communication. Look for a lawyer who has extensive experience with the specific charges you’re facing, a strong track record of successful case outcomes, and a willingness to keep you informed every step of the way. At Martine Law, our criminal defense team has helped clients across North Carolina navigate charges like DWI, assault, and drug offenses with confidence and clarity.
What Factors Do North Carolina Courts Consider in Child Custody Cases?
In Durham and across North Carolina, courts focus on the best interests of the child when deciding custody arrangements. This includes evaluating each parent’s ability to provide stability, the child’s relationship with both parents, living conditions, and any history of domestic violence or substance abuse. At Martine Law, we work to protect your parental rights while prioritizing your child’s well-being.
How Long Does the Divorce Process Take in Durham, North Carolina?
The divorce timeline can vary, but in most cases, you must be separated for at least one year before filing for an absolute divorce in North Carolina. Factors such as contested property, custody disputes, and spousal support can extend the process. Martine Law’s Durham-based family lawyers can help streamline the process while ensuring your interests are protected.
How Is Property Divided During a Divorce in Durham, NC?
North Carolina follows equitable distribution laws, meaning marital property is divided fairly, but not always equally. Courts consider factors like income, length of the marriage, contributions to marital assets, and future financial needs. Martine Law’s team provides strategic legal support to help you achieve a fair and just outcome in your property division case.
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Where your Durham County case is heard
Durham County cases are heard at the Durham County Courthouse in downtown Durham. In North Carolina, misdemeanors and DWI go to District Court and felonies to Superior Court. Family matters, including divorce, custody, and support, are heard in District Court.
Criminal defense in Durham
We defend misdemeanors and felonies throughout Durham County, including DWI, assault and domestic violence, drug charges, theft, and sex crimes.
North Carolina DWI sentencing levels
| Level | Minimum | Maximum | Maximum fine |
|---|---|---|---|
| Aggravated Level One | 12 months | 36 months | $10,000 |
| Level One | 30 days | 24 months | $4,000 |
| Level Two | 7 days | 12 months | $2,000 |
| Level Three | 72 hours | 6 months | $1,000 |
| Level Four | 48 hours | 120 days | $500 |
| Level Five | 24 hours | 60 days | $200 |
Estimate your level with the DWI sentencing estimator, and see the immediate 30 day civil revocation that hits your license before any conviction.
Charged with a crime in Durham? Call (704) 461-9488 for a free, confidential consultation, available 24/7.
Family law in Durham
We handle divorce, child custody, child support, and property division throughout Durham County.
| Separation required before absolute divorce | 1 year and 1 day (G.S. 50-6) |
|---|---|
| Residency | 6 months in North Carolina |
| Property division | Equitable distribution (G.S. 50-20) |
| Custody standard | Best interest of the child (G.S. 50-13.2) |
| Court | Durham County District Court |
Before you sign anything, read our guide to North Carolina separation agreements. North Carolina also still recognizes alienation of affection and criminal conversation, which most states have abolished.
For a confidential consultation about a Durham family law matter, call (704) 255-6992.
Communities we serve in Durham County
We represent clients throughout Durham County, including Durham, Bahama, and Rougemont, and across the neighboring Triangle counties of Wake, Orange, Chatham, and Granville.
Frequently asked questions
Where is the Durham County courthouse?
Durham County criminal and family cases are heard at the Durham County Courthouse in downtown Durham.
How long does a divorce take in Durham County?
You must be separated one year and a day before you can file for absolute divorce, and be a North Carolina resident for six months. Property, support, and custody issues can be resolved during that year.
Is a first DWI a felony in North Carolina?
No. A first DWI is a misdemeanor sentenced across six levels. A fourth DWI within ten years can be charged as habitual DWI, a felony.
Do you offer free consultations?
Criminal consultations are free and confidential, available 24/7. Family law consultations are confidential and scheduled by appointment.
Related: Durham County criminal defense and North Carolina criminal defense.
One firm for both criminal defense and family law in Durham
Most Durham firms do one or the other. Martine Law does both, and that matters more often than people expect, because these two areas collide constantly:
- A domestic violence charge and a custody case run at the same time, in the same courthouse, on different calendars. What is said in one is evidence in the other.
- A 50B domestic violence protective order is a civil proceeding that carries criminal consequences the moment it is violated, and it reshapes a custody case immediately.
- A pending criminal charge affects custody, and a custody dispute frequently generates the allegation behind a criminal charge.
- A conviction affects employment, housing, and firearm rights, all of which come back into a custody analysis.
When separate firms handle these, the two cases are litigated as though they were unrelated, and each lawyer learns about the other case secondhand. Coordinating strategy across both is the entire advantage of having one firm hold them together.
Durham County Justice Center: what to expect
Nearly every Durham County criminal and family matter is heard at the Durham County Justice Center, 510 S. Dillard Street, Durham, NC 27701. It opened in February 2013, houses roughly 20 courtrooms, and holds the Clerk of Superior Court, the District Attorney’s Office, and the Sheriff’s Office in a single building.
| Your matter | Where it is heard |
|---|---|
| Misdemeanors, DWI, first appearances, probation violations | Durham County District Court |
| Felonies after indictment, jury trials, appeals from District Court | Durham County Superior Court |
| Custody, divorce, equitable distribution, support, 50B orders | District Court, Family Court division |
Two practical notes. A misdemeanor decided in District Court can be appealed to Superior Court for a trial de novo, an entirely new trial before a jury, which is a genuine second chance that many people do not know they have. And North Carolina requires custody mediation in most contested custody cases before a judge will hear them, so the mediation is not a delay, it is a required step worth preparing for properly.
More questions about lawyers in Durham, NC
What does a criminal defense attorney in Durham NC actually do first?
Before anything else: identify the exact charge and its class, confirm the next court date, and get the discovery. A great deal of what determines the outcome is fixed early, including whether conditions of release can be modified and whether evidence still exists to be preserved.
Do you handle both criminal and family cases for the same client in Durham?
Yes. That is one of the main reasons clients with overlapping matters come to us, particularly where a domestic violence allegation sits on top of a custody dispute.
How much does a lawyer cost in Durham, North Carolina?
It depends on the charge or the type of family matter and whether it resolves or is litigated. Ask any firm you speak with for the fee structure in writing, what it includes, what triggers additional cost, and who will actually appear in court on your case.
Can I appeal a misdemeanor conviction from Durham County District Court?
Yes. An appeal to Superior Court gives you a trial de novo, a completely new trial before a jury rather than a review of the first one. The deadline is short, so it needs to be raised immediately.
Do I have to go to mediation before a custody hearing in Durham?
In most contested custody cases, yes. North Carolina requires custody mediation before the matter reaches a judge in most districts. Cases involving domestic violence may be exempted.
What is the difference between District and Superior Court in Durham County?
District Court handles misdemeanors, DWI, first appearances, and all family matters. Superior Court handles felonies after indictment, jury trials, and appeals from District Court.
Do you serve areas outside the city of Durham?
Yes. We handle matters throughout Durham County and the surrounding Triangle counties, including Wake, Orange, Chatham, and Granville.
Criminal charge in Durham? Call (704) 461-9488 for a free consultation, 24/7.
Family law matter in Durham? Schedule a confidential consultation at (704) 255-6992.