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When facing criminal charges, understanding the law is crucial to ensuring the protection of your rights. In many situations, the expertise of an experienced criminal defense attorney is of the utmost importance, making all the difference in the outcome of the case. Here are some of the top situations that warrant the hiring of a criminal defense lawyer.

1. If You Are Arrested and Formally Charged with a Crime

Being arrested and facing formal criminal charges is an immediate call for legal assistance. A skilled criminal defense attorney can guide you through the legal process, explaining your rights, and formulating a defense strategy tailored to your specific situation.

2. When Multiple Parties Are Involved

In cases where multiple parties are implicated, such as conspiracy charges or co-defendant situations, a criminal defense attorney becomes crucial. They can help work through the complexities of joint defense strategies.

3. During the Investigation Phase

During the investigation phase, law enforcement may contact you for questioning. It is essential to have legal representation during interactions with the police to protect your rights and prevent self-incrimination. A criminal defense attorney’s understanding of law enforcement procedures becomes invaluable in these situations.

4. For Juvenile Offenses

When a minor is involved in criminal activities, having a criminal defense attorney with expertise in juvenile law is key. They can advocate for alternative resolutions and work towards mitigating the potential long-term consequences for the minor.

5. When the Case Involves a Drug Offense

Cases involving drug offenses often carry significant consequences and entail intricate legal nuances. A criminal defense attorney with expertise in drug laws can challenge evidence, question search and seizure procedures, and explore potential defenses tailored to drug-related charges.

6. When There Are Domestic Violence Charges

Domestic violence charges can have severe consequences on both one’s personal and professional life. They can also be difficult to disprove. A criminal defense attorney specializing in domestic violence cases can provide strategic defense, protect your rights, and advocate for fair outcomes.

7. For Appeals and Post-Conviction Relief

If you have been convicted, a criminal defense attorney can assist in filing appeals or seeking post-conviction relief. Their expertise can be instrumental in presenting compelling arguments to challenge the conviction or secure a more favorable outcome.

The decision to hire a criminal defense attorney is a critical step in protecting your rights and navigating the complexities of the legal system. In situations involving multiple parties or when facing criminal charges, their understanding of both the law and law enforcement procedures becomes invaluable. By consulting with a knowledgeable and experienced criminal defense lawyer, you can ensure that your interests are protected and that you receive a fair and just resolution to your case.

Hancock Law Firm, PLLC Helps Those in North Carolina Who Have Been Charged with a Crime

If you have been charged with a crime, you may have options. You have the right to defend yourself. Your best bet of doing so successfully is with the help of a knowledgeable and experienced North Carolina criminal defense attorney who understands criminal law and will fight on your behalf. However, time is of the essence, which is why it’s best to contact a qualified attorney as soon as possible to assist with your criminal defense. 

At Hancock Law Firm, PLLC, we fully understand what is at stake and will do everything that we can to help you fight this charge. To learn more or to schedule a free consultation, contact us today!

Navigating legal matters can be confusing, especially when it involves knowing your rights during encounters with the police. One thing that commonly confuses people is figuring out the difference between being fully arrested and just being held by the police for questioning. Although both situations mean you’re not free to go, they’re actually quite different when it comes to your rights and what might happen next. 

In this blog post, we’ll provide some helpful insights into these differences and give you a heads-up on what to expect in each situation.

What’s the nature of the encounter?

When you are under arrest, law enforcement officers have formally taken you into custody. This means you are not free to leave, and you will likely be handcuffed or restrained in some way. An arrest indicates that the authorities believe they have enough evidence to charge you with a crime.

Being detained for questioning is a less severe situation. It usually involves the temporary restriction of your freedom while law enforcement officers ask you questions to gather information or clarify details about an incident. You may not be handcuffed during a detention, and it is not an official arrest.

How long will the encounter take?

An arrest is usually more extended and can potentially lead to an extended period of custody. After an arrest, you will be taken to a police station or holding facility.

Detentions are usually shorter in duration. They are intended to allow law enforcement officers to gather information quickly. Once the questions are answered, you may be released.

Will you be read your Miranda rights?

When you are placed under arrest, law enforcement officers are required to read you your Miranda rights. These rights include the right to remain silent and the right to an attorney. Anything you say after being arrested can be used against you in court.

During detention, law enforcement may or may not read you your Miranda rights, depending on the circumstances. If you are not read your rights, anything you say during the detention might not be admissible in court.

What can be searched and seized?

When you are under arrest, law enforcement officers have more authority to search your person and belongings, usually after obtaining a search warrant or if there is probable cause.

In a detention, the scope of a search is generally limited to ensuring the safety of the officers and others. A full search typically requires a separate search warrant or consent.

How should you conduct yourself?

If you are under arrest, it is generally recommended that you remain silent and request an attorney. It’s important that you cooperate with law enforcement, but do not provide any information unless it is required by law. You don’t want to say anything that could be used against you. 

While detained, you may answer questions, but you are not obligated to do so. You should remain cooperative and respectful but remember that you have the right to remain silent.

Understanding the difference between being under arrest and being detained for questioning is key to protecting your rights and making informed decisions when encountering law enforcement. In both situations, it’s vital that you remain calm, respectful, and cooperative. However, knowing your rights and the distinctions between these two scenarios can help you navigate legal encounters carefully and effectively.

If you are unsure about your legal status during an encounter with law enforcement, it is always a good idea to consult with an attorney. An attorney can provide guidance for your specific situation and ensure that your rights are protected.

Hancock Law Firm, PLLC Helps Those in North Carolina Who Have Been Charged with a Crime

If you have been accused of a crime, you may have options. It’s imperative that you follow what you are asked to do. You have the right to defend yourself but your best bet of doing so successfully is with the help of a knowledgeable and experienced North Carolina criminal defense attorney who understands what you are up against and will fight on your behalf. However, time is of the essence, which is why it’s best to contact a qualified criminal defense lawyer as soon as possible. 

At Hancock Law Firm, PLLC, we fully understand what is at stake and will do everything that we can to help you fight the charges against you. To learn more or to schedule a free consultation, contact us today!

When you have been accused of a crime, it’s important to remain respectful of law enforcement and follow the instructions given to you by the court. When a defendant has been released on bail there are certain requirements to which he or she must adhere. Here’s what to know about bail jumping in North Carolina. 

What is bail?

In order to understand bail jumping, you must first understand the concept of bail. Bail is a legal process that enables an individual who has been accused of a crime to be released from custody pending their trial. The court establishes an amount of money and/or conditions that must be met in order for the defendant to be released. Bail is meant to ensure that the defendant will show up for their court appearances. 

What Is Bail Jumping?

Bail jumping occurs when a defendant who has been released on bail, neglects to attend court for their designated trial or other obligatory proceedings. This constitutes a breach of the terms and conditions of their bail agreement. The consequences of bail jumping are substantial and have a significant influence on the ultimate outcome of the defendant’s legal case.

The Consequences of Bail Jumping in NC

North Carolina takes criminal law and any violations of it very seriously. This includes bail jumping. There are many potential consequences for a defendant’s failure to appear for trial after being released on bail. Such consequences include:

• Forfeiture of Bail: The court may forfeit the bail amount or collateral that was posted to secure the defendant’s release. This means that the money or property used for bail will not be returned.
• Bench Warrant: A bench warrant is generally issued for the defendant’s arrest when they fail to appear. Therefore, law enforcement can arrest the defendant and bring them back to court.
• Additional Criminal Charges: Bail jumping can also lead to more criminal charges, including contempt of court or bail jumping charges, which may carry their own penalties.
• Difficulty Securing Future Bail: Defendants who bail jump may have a more difficult time securing bail in future cases because courts may view them as flight risks.
• Extradition: In some cases, if a defendant jumps bail and leaves the state, extradition proceedings may be initiated to bring them back to face their original charges.

Hancock Law Firm, PLLC Helps Those in North Carolina Who Have Been Charged with a Crime

If you have been accused of a crime, you may have options. It’s imperative that you follow what you are asked to do. You have the right to defend yourself but your best bet of doing so successfully is with the help of a knowledgeable and experienced North Carolina criminal defense attorney who understands what you are up against and will fight on your behalf. However, time is of the essence, which is why it’s best to contact a qualified criminal defense lawyer as soon as possible. 

At Hancock Law Firm, PLLC, we fully understand what is at stake and will do everything that we can to help you fight the charges against you. To learn more or to schedule a free consultation, contact us today!

After facing the consequences of a criminal conviction, you likely just want to move forward with your life. Unfortunately, your conviction often follows you. When you’re searching and applying for jobs, you may feel the desire to hide your past mistakes in fear that your conviction will prevent you from obtaining employment. However, it’s extremely important that you are very honest during the application process. Here’s what to know about what you should include on a job application when you have a criminal record.

1. Be Honest

It may seem to be beneficial to leave your conviction off of your job application, but most employers conduct background checks. This means that even if an employer really likes you, when they run the background check and see a discrepancy, they may no longer be interested in hiring you for your dishonesty alone. Lying or withholding this information can seriously hurt your credibility.

2. Lead with Your Qualifications

While it’s important not to lie on your job application, it’s even more important to draw attention to positive attributes, such as your skills, experience, and qualifications as they relate to the job in question. Focus on how your experience and abilities align with job requirements and highlight how this can bring value to the business.

3. Proactively Address Your Past

The way in which you address your criminal record on your job application is key. Rather than going into great detail on your application, be proactive and put together a thoughtful statement owning up to your past and framing it in a manner that expresses how much you have grown since then. You also want to drive home that the mistakes that you have made in your life do not define who you are or what you are capable of.

4. Prepare Your Answers

North Carolina has “ban-the-box” laws, which prohibit employers from asking potential employees about their criminal history on initial job applications. It’s important to understand that you do not have to disclose any expunged criminal history on a pre-employment screening questionnaire. Instead, you have the ability to demonstrate your character, your intelligence, and your value before you disclose your record. However, once you reach the interview phase, it’s possible that you may be asked about your criminal record. You should become familiar with how you will answer any related questions, including how you have moved forward.

5. Share Character References

In order to help prove who you truly are, it can be extremely beneficial to collect character references who can attest to who you are, your values, and how you aren’t your mistakes. This can greatly offset concerns about your convictions.

While it can be very stressful having to admit to your past wrongs, it’s important to remain honest throughout the job application process. Your honesty can go a long way.

Hancock Law Firm, PLLC Helps Those in North Carolina Who Have Been Charged with a Crime

If you have been charged with a crime, you may have options. You have the right to defend yourself. Your best bet of doing so successfully is with the help of a knowledgeable and experienced North Carolina criminal defense attorney who understands criminal law and what you are up against and will fight on your behalf.

At Hancock Law Firm, PLLC, our criminal defense lawyers fully understand what is at stake and will do everything that we can to help you to fight this charge. To learn more or to schedule a free consultation, contact us today!

With the issuance of an arrest warrant come many questions, such as: How soon will someone get arrested once an arrest warrant is issued? Will you be notified about the warrant? Can you be arrested anywhere? Here, our knowledgeable criminal defense attorney answers these common questions and more about the arrest warrant process.

Q: What allows law enforcement to issue an arrest warrant?

A: North Carolina law enforcement can issue an arrest warrant if there are reasonable grounds. This is legally known as probable cause. The police must have probable cause to believe that a crime is being committed and that a particular person who will receive the arrest warrant committed the crime. A government official or citizen must go before a judge and testify to specific facts under oath that allege that someone has committed a crime. The arrest warrant must specifically identify the person to be arrested and must be issued by a neutral party.

Q: How soon after the issuance of an arrest warrant will someone be arrested?

A: The length of time that it takes someone to be arrested after an arrest warrant is issued for them depends upon the specific facts and circumstances of each case. North Carolina does not outline a specific time frame by which someone must be arrested after this issuance. Generally, law enforcement will prioritize arrests for the most serious crimes. In other words, it would be more important to arrest someone who is convicted of murder than it would be for someone who failed to show up in court for a traffic ticket. The less serious an alleged crime is, the more of a delay there may be in arresting the individual. Common factors that influence how soon someone is arrested after the issuance of an arrest warrant include:

• Nature of the offense
• Resources of law enforcement
• Suspect’s location
• Voluntary surrender
• Other special circumstances

Additionally, some people may decide to voluntarily turn themselves in immediately after learning of the warrant for their arrest or they may wait a few days.

Q: Will you be notified of an arrest warrant for you?

A: An attorney can learn from law enforcement whether a warrant has been issued for you. But if you don’t have an attorney, you likely won’t receive notice of the warrant’s issuance until you are actually arrested. If you were summoned to court and failed to show, it’s safe to assume that the judge has issued an order for your arrest. In such a case it’s best to consult with an attorney.

Q: How must an arrest warrant be served – can you be arrested anywhere?

A: Arrest warrants can be issued anywhere and allow police to enter the defendant’s home when necessary. However, the arresting officer is obligated to show the defendant the warrant in question. If the police officer does not have the warrant to show you, they must still inform the defendant of the warrant and the offense that they are charged with. If the defendant requests to see the warrant, law enforcement is obligated to show them the warrant as soon as possible.

Q: Can you clear up an arrest warrant?

A: There are only a few ways to proceed in clearing up an arrest warrant. These include the following:

• The individual for whom the warrant is issued may turn themselves in so that they can be arrested and processed;
• The warrant that has been issued can be recalled by a government official; or
• The warrant can be invalidated if it can be proven that the warrant was obtained through false testimony.

Q: What should you do if you are facing a warrant for your arrest?

A: If there is a warrant issued for your arrest, you should speak with a qualified criminal defense attorney as soon as possible. He or she can help to protect your rights and mitigate the damage of an embarrassing unforeseen arrest. They can also help you to turn yourself in peacefully and can aid in your defense for low bail and quick release.

Hancock Law Firm, PLLC Helps Those in North Carolina for Whom an Arrest Warrant Has Been Issued

If an arrest warrant has been issued for you, you have the right to defend yourself. A knowledgeable and experienced North Carolina criminal defense lawyer understands how the process works and can help to fight on your behalf.

At Hancock Law Firm, PLLC, we recognize the importance of your case and are committed to assisting you in fighting the charges. If you would like to learn more about our services or schedule a free consultation, please don’t hesitate to reach out to us today.

Traffic stops can be intimidating. A law enforcement officer wants to look through your vehicle to ensure there is nothing illegal inside. Sometimes you have no choice but to allow the officer to do so. However, there are other instances in which you have the right to refuse the search.  

When Can You Refuse?

An officer needs one of three things in order to have legal authority to search your vehicle. They are:

1. Your consent
2. A warrant
3. Probable cause 

Your consent would be your verbal permission that an officer can conduct the search. A search warrant is a legal document signed by a judge or magistrate that authorizes the officer to conduct a search of a specific location (or person). But what exactly constitutes “probable cause?”

What is “Probable Cause?”

A law enforcement officer does not require your permission to search your vehicle if he or she has probable cause (or a warrant). Probable cause means that the officer has something with evidentiary value that indicates that illegal activity took place. For instance, if someone is pulled over for speeding and the officer smells strong alcohol on his breath, this would likely constitute probable cause and allow the officer to search the vehicle. 

What if an Officer Has Probable Cause?

When an officer has probable cause to search your vehicle, you do not have the right to decline the search. The same thing goes for a warrant. If an officer has a warrant to search your vehicle, you must allow the search to proceed. However, if there is no probable cause and there is no warrant, you must give consent in order for the officer to legally search your vehicle. Therefore, if the search depends on your consent, you would be within your legal right to deny the search and ask to leave. Just remember, even if you don’t give permission for the officer to search your vehicle, you should always remain respectful and calm. If not, the situation could escalate, causing you a great disadvantage. 

Hancock Law Firm, PLLC Helps Those in North Carolina Who Have Been Arrested After a Police Search of Your Vehicle

If you have been arrested after a police search of your vehicle and believe that you are innocent or that your rights have been violated, you may have options. You have the right to defend yourself. Your best bet of doing so successfully is with the help of a knowledgeable and experienced North Carolina criminal defense attorney who understands what you are up against and will fight on your behalf. 

At Hancock Law Firm, PLLC, we fully understand what is at stake and will do everything that we can to help you to fight this charge. To learn more or to schedule a free consultation, contact us today!

In North Carolina, stalking is a very serious crime that can carry heavy legal penalties. That’s why it’s so important that you understand what constitutes stalking so that you can ensure that you avoid such behavior. There are two different types of stalking: stalking and cyberstalking. 

What is Stalking?

Under state law, someone is guilty of stalking if he or she:

1. Willfully on more than one occasion follows or harasses another person without a legal purpose; or
2. Willfully engages in a course of conduct directed at a specific person without legal purpose; and
3. The person knows or should know that the harassment of the course of conduct would cause a reasonable person to fear for their safety or suffer substantial emotional distress by placing that person in fear of death, bodily injury, or continued harassment.

A Pattern of Behavior

Stalking is represented by a pattern of behavior. A “course of conduct” is intended to be broadly defined and includes two or more direct or indirect acts, including:

• Following
• Surveilling
• Threatening
• Monitoring
• Communicating to or about
• Being in the presence of the victim
• Interfering with the victim’s property

If someone is found guilty of the crime of stalking, it is considered a Class A misdemeanor for a first-time offense. If it is a second-time offense and conviction, it moves to a Class F felony. Should there be a protective order in place at the time the stalking occurs, it may be a Class H felony. Penalties if convicted of stalking include jail time, fines, restraining orders, and counseling.

The purpose of the stalking statute is to stop the occurrence of further conduct, often domestic violence. 

What is Cyberstalking?

With the prevalence of the internet, iPhone, and electronic communications, many people have begun to use these means to harass, threaten, or intimidate others. This is called cyberstalking, which is a form of stalking. Cyberstalking often includes threatening or offensive emails and messages, often through social media. It may also include websites that contain false and harmful information about the victim. North Carolina law also prohibits cyberbullying and revenge porn. 

Potential Defenses to Stalking

Those who have been accused of stalking (or cyberstalking) may have defenses that can be raised. Such defenses include:

• The contact was consensual
• No actual stalking occurred
• There existed no intent to cause fear or emotional distress
• The defendant’s actions were protected by the First Amendment

Hancock Law Firm, PLLC Helps Those in North Carolina Who Have Been Charged with Stalking

If you have been charged with stalking and believe that your rights have been violated or that you have a defense to the charge, you may have options. You have the right to defend yourself. Your best bet of doing so successfully is with the help of a knowledgeable and experienced North Carolina criminal defense attorney who understands what you are up against and will fight on your behalf. 

At Hancock Law Firm, PLLC, we fully understand what is at stake and will do everything that we can to help you to fight this order. To learn more or to schedule a free consultation, contact us today!