admin, Author at Hancock Law Firm

Can You Refuse to Let an Officer Search Your Vehicle?

Posted on March 14, 2023

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:

Your consent
A warrant
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!

What Constitutes Stalking in North Carolina?

Posted on March 7, 2023

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:

Willfully on more than one occasion follows or harasses another person without a legal purpose; or
Willfully engages in a course of conduct directed at a specific person without legal purpose; and
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!

What Constitutes Assault in North Carolina?

Posted on February 20, 2023

An assault occurs when one person tries to touch another person in a violent manner without their permission. Battery results when an assault is successful. In North Carolina assault and battery are considered a single offense: assault. An assault can be a punch, slap, or push; assault can also be throwing something at someone or spitting on someone.

Types of Assault

There are three overall types of assault charges:

Simple – the least serious type of assault, which involves minor injury or the limited threat of violence. This could include carrying a weapon in order to intimidate someone.

Aggravated – this is a more serious type of assault, which carries a more severe penalty. Assault is often considered aggravated when it is carried out on first responders, pregnant victims, or if the victim is a member of a school’s staff.

Sexual – Sexual assault occurs when someone forces another person to engage in a sexual act without their explicit consent. There are a few different types of sexual assault:

Simple sexual assault
Sexual assault with a weapon – threatening use of a weapon during the assault
Aggravated sexual assault – when the victim is seriously injured during the assault.

Punishment

The punishment for assault often depends upon the specific facts and circumstances of each case. Assaults are put into separate classes depending upon the type of weapon used, the injury suffered, and the age/vulnerability of the victim:

Simple assault
- Class 2 misdemeanor, punishable by up to 60 days in jail
Assault with serious bodily injury
- May be a Class A1 misdemeanor, punishable by up to 150 days in jail;
Assault with a deadly weapon
- Committed with the intent to kill or cause serious bodily harm
- Deadly weapons include guns, knives, blunt weapons, or any object that can be used as a weapon
- May be a Class E felony, punishable by up to 98 months in jail

Penalties may be more severe if the alleged victim is a child, elderly person, handicapped person, student, or patient.

Defenses

While assault is a crime, there are affirmative defenses that may excuse your actions or minimize your punishment. Such defenses include:

Self-defense
Defense of another
Defense of property
Mistake or accident

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

If you have been charged with assault 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.

officers responding to domestic violence call

What to Know About Protective Orders for Domestic Violence in NC

Posted on February 13, 2023

Domestic violence is never something to be taken lightly. This also includes being unfairly accused of domestic violence since such accusations can greatly impact the life of the accused. Not only can an accusation cause great damage to your reputation, but it can also lead to a domestic violence protective order (DVPO). Here’s what to know about DVPOs in North Carolina, how they work, and how you can avoid violating them.

What is a DVPO?

A DVPO is a judicial order that restricts contact between people. Often DVPOs require the subject to avoid not only contacting the petitioner, but also avoiding being in the same location as them or their family. Each case is different and depends upon the facts and circumstances involved.

Can an Emergency Order Be Filed?

When the individual involved is thought to pose an immediate threat, an ex parte or temporary protective order can be filed. This type of protective order will generally go into effect immediately or within the next 72 hours. While the individual accused isn’t required to appear for an ex parte or temporary order, he or she must be present for the final DVPO hearing, during which there will be an opportunity to defend against these serious accusations.

An ex parte/temporary order only protects until the court hearing for the final order, which tends to run anywhere from 7-10 days. Once a final order has been issued, the protection can be good for up to one year, or two if approved for an extension.

Always Follow the DVPO – Even if You Believe it Falsely Obtained

Even if you feel that the accusations against you are false, misleading, or lack any real truth, it is imperative that you follow the rules of the order in order to avoid getting yourself into serious legal trouble. Violating a DVPO is an extremely serious matter that can result in jail time. It’s best to address the order with the help of a qualified North Carolina criminal defense attorney.

Hancock Law Firm, PLLC Helps Those in North Carolina Who Have Had a Domestic Violence Protection Order Issued Against Them

If a domestic violence protective order has been issued against you 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 fight this charge. To learn more or to schedule a free consultation, contact us today!

Criminal defense attorney speaking with a client

Your Employer Has Accused You of Theft: Now What?

Posted on January 24, 2023

One of the most important things that we have is our reputation. So, when an employer accuses you of theft, it can have a significant impact on your life. This is not to mention the criminal ramifications if convicted. Under North Carolina law, employee theft, or larceny, is considered a Class H felony unless otherwise stated. As such, it can result in up to 39 months in prison. There is clearly a lot at stake. Here’s what to know if your employer has accused you of theft.

1. Remain calm and don’t overly “react.”

When someone has accused you of something that you haven’t done, it can be a normal reaction to become angry. However, if you respond to allegations of theft with anger, it can actually work against you. It’s important that you remain respectful. If your employer wants to begin investigations and requests that you leave, it’s imperative that you listen to them. Do not react in person or via email; do not involve your colleagues. Bear in mind that anything you say can be taken out of context and/or used against you.

2. Gather all details that you can about the accusation against you.

Before you’re able to fight any accusation, you must first fully understand the details surrounding it. Therefore, it’s important that you ask questions to obtain any information you can. This may include things such as what it is that is missing, why your employer believes that you have stolen the item(s), how it is impacting your job (e.g., are you being fired?), how the investigation will be conducted, and whether you are being charged with larceny or any other crime.

3. Understand and consider your rights.

No matter what you are accused of, you should always bear in mind that you have rights. You are allowed to request to review your HR file. You also have the right to privacy, which means that doing things such as taking a lie detector, is not mandatory. Before you do anything else, be sure to consult with a qualified military law attorney. How you choose to defend yourself can make all the difference.

Attorney Joel Hancock at Hancock Law Firm, PLLC Help Those in North Carolina Who Have Been Charged with Larceny or Another Crime

If you have been charged with larceny or another crime 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.

Woman being stopped by police in vehicle

What if You’re Accused of a Hit and Run Accident?

Posted on January 24, 2023

When you’ve been involved in a car accident in North Carolina, it’s important that you stay at the scene of the accident to see if everyone else involved is okay and if there is any property damage. It’s also likely that you must notify the police and file a report of the accident.

While most people take these steps, some people fail to stick around and do not call law enforcement to report the accident. When this occurs, the police will often look for the other driver involved, searching based on the make, model, color, and damage to the vehicle.

When the police believe that your vehicle matches the description of the vehicle involved, you may be accused of a hit-and-run and face charges. Here’s what to know about what you may face if accused of a hit-and-run accident.

Penalties

The penalties that you face are dependent upon how severe the accident was. Someone who doesn’t stay at the scene of the crash in which property damage occurred, may face misdemeanor charges of up to 120 days in jail and fines. But if someone injures another person and fails to stay at the scene of the crash and report it, they could face 4-25 months in jail, be ordered to pay fines, and lose their driver’s license. If serious bodily injury occurred, they could face 10-41 months in jail, pay large fines, and lose their license.

In convicting you, the pros must show that did not meet your duty as a driver; that a reasonable person would have known that there was property damage or an injury and thus, would have stopped and stayed at the scene of the accident. The state is also responsible for proving that you were, in fact, involved in the accident.

Evidence

There are various pieces of evidence that you can admit to disprove the state’s claims such as local surveillance video, dash cam footage, or old police reports of prior accidents that account for the damage to your vehicle. Additionally, if you have been wrongly accused, an alibi can help to defend against the charges you face. You have options.

The Attorneys at Hancock Law Firm, PLLC Help Those in North Carolina Who Have Been Charged with a Hit-and-Run

If you have been charged with a hit-and-run 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.

Are You Being Detained or Arrested?

Posted on December 20, 2022

It’s easy for many people to confuse being detained with being arrested. However, the legal implications of these two interactions with police vary significantly.

Detainment

In order for police officers to arrest you they require a certain threshold of evidence. So, what can an officer do if he or she believes that you committed an illegal activity but lack the aforementioned evidence? They can detain you. Police can hold you where you are without actually placing you in custody. They use the opportunity to speak with you and ask you questions in order to try and obtain more information. However, a gut feeling that you’ve been engaged in illegal activity isn’t enough; the police must have proof or at least a good reason to think so. Under detainment the police can hold you for up to 20 minutes. Detainment may result in arrest. However, the police may not even tell you that you are being arrested; If you are read your Miranda rights and aren’t free to leave you can make the assumption that you are.

Arrest

Being arrested is more serious than being detained. During an arrest the police will take you into custody. You will know that you are being arrested because you will not be able to leave. In order to arrest you the officer(s) need sufficient evidence of a crime (probable cause). If they lack such evidence then they must have a warrant for your arrest. When you are being arrested, the police are required to read you your Miranda rights. Miranda rights include the following:

You have the right to remain silent;
Anything you say can – and will – be used against you;
You have the right to an attorney; and
If you cannot afford an attorney, one will be appointed to you.

When you are being arrested, the police may use reasonable, necessary force. They are also legally allowed to conduct a brief search of you and your possessions. Then you will be taken to a jail, detention facility, or police station. Once there you will be alerted of the charges against you and will have the chance to contact an attorney.

Attorney Joel Hancock at Hancock Law Firm, PLLC Help Those in North Carolina Who Have Been Charged with a Crime

If you have been charged with a crime 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.

Man with handcuffs, being arrested for drug trafficking

Can Your Drug Addiction Result in a Drug Trafficking Charge in NC?

Posted on December 16, 2022

You risk a lot when you engage in drug use. But what many people don’t know is that having a drug addiction can potentially land you in prison for a high-level felony. Under North Carolina law, an individual commits drug trafficking offense when he or she knowingly manufactures, sells, delivers, transports, possesses or conspires to do any of the aforementioned in regards to a controlled substance.

Quantity of Drugs in Possession

Whether someone is found guilty of drug trafficking is often dependent upon the quantity of drugs that they have in their possession. The court will look at the type of controlled substance that the individual has in their possession and whether it meets the weight necessary to rise to the level of trafficking.

Levels of Drugs to Constitute Drug Trafficking

The minimum quantity of a controlled substance that reaches the level of trafficking differs among the type of controlled substance. Here are the minimum levels in one’s possession to be considered trafficking:

4 grams of opium or heroin
28 grams of amphetamine
28 grams of cocaine
28 grams of MDPV
28 grams of Mephedrone
28 grams of methamphetamine
50 dosage units of synthetic cannabinoids
10 pounds of marijuana
100 units of LSD
100 units or 499 grams of MDA/MDMA
1,000 dosage units of methaqualone

Drug Traffickers Are Not Eligible for Drug Intervention Programs

So, while these amounts can certainly be due to trafficking the respective type of substance, they can also be the result of a severe drug addiction. Also concerning is that if you are charged with trafficking, you would not be eligible to participate in a drug intervention program that may have been available to you if you were charged with possession. While any drug-related charges are serious, those for trafficking are even more worrisome. Your freedom is at risk.

That’s why it’s so important to consult with a knowledgeable and experienced criminal defense attorney who has experience defending against this type of charge. If you have been charged with drug trafficking that is actually an ongoing drug addiction, you need help more than anything else.

Attorney Joel Hancock at Hancock Law Firm, PLLC Help Those in North Carolina Who Have Been Charged with Drug Trafficking

If you have been charged with drug trafficking as the result of a serious, ongoing drug addiction, 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.

The Dos and Don’ts of Sobriety Checkpoints in North Carolina

Posted on November 25, 2022

While often extremely inconvenient, sobriety checkpoints are legal. But while you may not evade them, you still have certain rights. Here are the dos and don’ts of sobriety checkpoints in North Carolina.

DO Stop When Asked

The Supreme Court has ruled that sobriety checkpoints are legal. Therefore, you must stop at a sobriety checkpoint if an officer asks you to do so. Cars are chosen to stop at random, so it doesn’t mean that you are being accused of anything. Just remember to stop, follow directions, and remain respectful.

DO Provide Police with Your Information

When a law enforcement officer asks you for your identification at a sobriety checkpoint it’s important that you listen and provide him or her with your driver’s license and vehicle registration. If you don’t do so, it could lead the officer to be suspicious of you and may end up with your arrest.

DON’T Violate Any Traffic Laws

If you see a sobriety checkpoint far ahead in the distance, you have the right to go in a different direction. However, it’s imperative that you do not make any illegal moves, such as an illegal U-turn as this could create reasonable suspicion for the police to believe you are under the influence, allowing them to then pull you over.

DON’T Incriminate Yourself

If you are asked to stop it’s likely that the police officer will ask you a few different questions including what you’ve had to drink, where you’re coming from, and where you’re going. While you may have only had “a couple of beers,” it’s important to understand that anything you say to an officer can later be used as evidence against you. It’s best to politely tell the officer that you decline to answer these questions.

DON’T Take Field Sobriety Tests

If you are stopped you may also be asked to take a field sobriety test, which often consists of walking in a straight line and standing on one foot. You should know that you are legally allowed to refuse taking this test. Politely decline to do so and express that you have the right to refuse.

DON’T Voluntarily Take Blood or Breath Tests

Sometimes the police will ask you to take a blood or breath test, which test for the level of alcohol in your system. Unless you are being arrested for DUI, you are not legally required to take a blood or breath test. It’s generally best to decline to take these tests when they are voluntary.

Attorney Joel Hancock at Hancock Law Firm, PLLC Helps Those in North Carolina Who Have Been Charged with DUI/DWI

If you have been charged with DUI/DWI and believe 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 order. To learn more or to schedule a free consultation, contact us today!

5 Most Commonly Prosecuted Animal Cruelty Charges

Posted on November 23, 2022

Animals are so beloved that many people not only have them as pets but also consider them a member of the family. Sadly, not everyone shares in this kindness towards animals. Despite being illegal (and potentially including felony charges) in all 50 states and the District of Columbia, animal cruelty still occurs. Here are the 5 most commonly prosecuted animal cruelty charges according to the Animal Legal Defense Fund.

Neglect

Housing an animal takes a lot of care. You must provide food, water, and a safe environment for the animal. Animal neglect occurs when someone fails to meet these basic needs. As with children, severe neglect can result in permanent injury or even death. Many times, we hear about animal neglect in cases of puppy mills in which hundreds of dogs are crammed into small spaces or cages and not given what they require to thrive. While mostly occurring with dogs, cats, and horses, neglect can occur with all types of animals.

Affirmative Acts of Abuse

Unlike animal neglect which is the failure to do/provide necessary things to allow the animal to thrive, affirmative acts of abuse include taking intentional actions for the purpose to injure or kill an animal. An individual does not need to own an animal to be guilty of an affirmative act of abuse. Sadly, these acts of abuse include everything from hitting the animal to setting it on fire. These instances are sometimes tied to domestic abuse situations in which the animals are used as part of the process to control the human victim. For instance, beating the family dog to scare and control a spouse into submission.

Animal Fighting

Animal fighting is one of the oldest (previously) accepted forms of animal abuse. It occurs when people force two animals to fight each other for their own human entertainment. Most of the time animal fighting includes gambling/betting on which animal will be victorious (i.e., kill the other one). It also often involves other crimes such as conspiracy, money laundering, and weapons offenses. While the most common form of animal fighting in the U.S. includes dogfighting and cockfighting, someone can be guilty of animal fighting with any animal.

Abandonment

Another devastating yet common form of animal cruelty is abandonment. Abandonment occurs when someone intentionally discards an animal it owns. This commonly occurs with people leaving their animal on the highway or even in the trash somewhere. Sadly, there has been a major increase in animal abandonment in light of the pandemic with many families leaving their animals behind when their home was foreclosed upon.

Bestiality

While very difficult to talk about, bestiality, or sexual crimes against animals, still occur today. They include individual owners assaulting their animals or even group events held in private at remote locations. Though tough to imagine, bestiality is not expressly illegal in all 50 states. However, it is expressly illegal in North Carolina.

Attorney Joel Hancock at Hancock Law Firm, PLLC Helps Those in North Carolina Who Have Been Charged with Animal Cruelty

If you have been charged with animal cruelty 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.