admin, Author at Hancock Law Firm

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.

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!

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.

Man sitting with criminal defense attorney

What to Know About the Crime of Sexual Assault on a Female in NC

Posted on October 26, 2022

Sexual assault of any kind is wrong and is considered a crime. In North Carolina sexual assault and sexual assault on a female are two separate crimes with various differences. Here is what you should know about the crime of sexual assault on a female in North Carolina.

Sexual Assault

In North Carolina, sexual assault consists of one person subjecting another to offensive or unwanted sexual acts. These acts can be anything from groping someone to forced penetration or rape.

Rape

First Degree rape involves forced vaginal intercourse without consent but with the presence of a weapon. Second Degree rape involves forced vaginal intercourse without consent or with the victim known to be incapacitated in some manner.

Other Sexual Offenses

First Degree sexual offense consists of sexual acts not involving vaginal intercourse but done without consent and in the presence of a weapon. Second Degree sexual offense consists of sexual acts perpetrated using force and without consent or with a victim known to be incapacitated in some manner.

The abovementioned crimes are all felonies, with first-degree rape and first-degree sexual offenses considered Class B1 and are punishable with a minimum of 12 years imprisonment. Second-degree rape or other sexual offense are considered Class C and are punishable by between 44 months and 15 years in prison.

Assault on a Female in North Carolina

Assault on a female occurs when a male over the age of 18 commits battery, affray, or assault against a female.

Battery occurs when someone makes physical contact with another person, intentionally touching them or causing offense without their consent.

Affray occurs when a fight between two people in a public place causes other people to be fearful.

Assault occurs when someone intentionally tries to harm someone else through violence or the threat of bodily harm.

Sexual assault on a female is considered a Class A 1 misdemeanor and is punishable by up to 150 days in jail, community service, or probation.

Sexual Assault vs. Assault on a Female

While they may sound like the same thing, sexual assault and sexual assault on a female are two very different crimes with major differences – and not just because one requires the victim to be female. While rape and sexual assault consist of unwanted sexual contact, assault on a female does not include sexual contact. Additionally, rape and sexual assault are felonies, while assault on a female is considered a misdemeanor (the most serious in the state).

Our Attorney 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, 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!

Man arrested for shooting into an occupied dwelling

Shooting into an Occupied Dwelling in North Carolina

Posted on October 24, 2022

Sadly, incidents of road rage have increased since the pandemic. With this, allegations of individuals shooting into occupied vehicles has also increased throughout North Carolina. There is a specific law against shooting into occupied dwellings, such as buildings, vehicles, and enclosures. The discharging of a firearm in North Carolina is a felony.

In an alleged case of shooting into an occupied dwelling, the defendant is not responsible for providing evidence and does not carry a burden of proof. Rather, the state (prosecution carries the burden). The state must establish prima facie elements in order for the case to continue further.

Prima Facie Elements of Shooting into an Occupied Dwelling

These initial elements include the following:

The defendant intentionally discharged his or her firearm (it doesn’t require an intent to injure or kill anyone);
The discharge was willful and wanton;
It went into a property, vehicle, or other conveyance; and
Another person was occupying such property, vehicle, or conveyance at the time that the firearm was discharged.

The Projectile Doesn’t Need to Enter the Dwelling or Injure Anyone

It’s important to note that sometimes it is enough to strike the exterior of a property depending upon the facts and circumstances of the case; It doesn’t always require a penetration of the dwelling. It may be enough to prove that the projectile struck the exterior of a building or something else attached to it. Additionally, the firing of the firearm doesn’t need to cause injury or death. For instance, if someone shot into the porch of a house someone was in, it could be enough for a conviction.

What Constitutes a Dwelling for Purposes of the Law?

There are a variety of places/things that may constitute a property for purposes of shooting into an occupied dwelling. Such “dwellings” include:

Residence
Motor vehicle
Structure
Equipment
Erected Enclosures
Device
Aircraft
Public Building
Private Building
Conveyance

Since every case is different, it’s important to look at the specific facts and circumstances in order to know how to defend yourself from such a charge. A qualified criminal defense attorney can help you to do just that.

Our Attorney at Hancock Law Firm, PLLC Help Those in North Carolina Who Have Been Charged with Shooting into an Occupied Dwelling

If you have been charged with shooting into an occupied dwelling it’s important that you take the charge seriously. 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!

Are DWI Records Made Public in North Carolina?

Posted on September 26, 2022

When you make a huge mistake, such as driving while impaired (DWI), you probably hope to accept the consequences and then move on with your life. However, it’s not always so simple. When you have been arrested for DWI in North Carolina, the records are public, which allows for anyone to find them.

Criminal records as a rule are considered public information since it is deemed in the best interest of the public to be aware of them. For this reason, they are easily available and accessible. You can find these records both through the courthouse as well as through many websites that specialize in offering them. With this information at our fingertips, employers will likely notice your criminal history when they choose to run a background check on you before hiring you.

Freedom Of Information Law

Under North Carolina’s Freedom of Information law, the public is granted access to government-created records. Criminal records (assuming they are not expunged from your record) can be accessed through various means: online databases, courts, and law enforcement agencies. For a small fee you may even be able to request a copy of a specific record. Under state law, public records must be available for a small fee or for free and must be accessible through the internet.

Non-legal Consequences of DWI Arrests

Future Employment

Unless it was expunged, you will be required to disclose your DWI arrest when you apply for a job, for a credit card or credit, for housing, and for school. The only time a DWI will be expunged is if the case has been dismissed. A DWI conviction cannot be expunged in North Carolina.

Current Employment

Depending on your current employment, you may be fired after you are arrested for DWI. This is even more likely if your job involves some type of driving as part of your job responsibilities (e.g., bus drivers, truck drivers, delivery drivers). If you must seek new employment you should be aware that you will be barred from certain jobs:

Military and government positions
Positions related to working with children
Positions that require you to drive
Jobs that require you to handle sensitive and confidential information

Insurance Rates

Another direct impact of a DWI arrest is the marked increase in your insurance rates. As a newly branded “high-risk driver,” your rates will increase almost instantly after your arrest. Many companies will refuse to insure drivers who have been arrested for DWI and drop you entirely. However, there are companies that will insure someone who has been arrested, albeit expensively.

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

If you have been charged with a DWI, you have the right to defend yourself and prove your innocence. 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!

Does Swerving Alone Constitute Reasonable Suspicion for a DUI/DWI in NC?

Posted on September 9, 2022

It can be terrifying to be charged with driving under the influence (DUI) or driving while intoxicated (DWI). You never expect to find yourself in such a situation. If convicted of DUI/DWI, your license can be suspended or revoked, you can lose your job – and your reputation. However, just because you have been charged with DUI/DWI, it doesn’t mean that you are automatically going to be found guilty. In fact, the officer who pulled you over may have lacked sufficient evidence to pull you over in the first place. If you can prove this, you may be able to have your case dismissed altogether.

Specific, Identifiable Facts and Reasonable Inferences

Under North Carolina law, an officer can only stop you based on specific, identifiable facts and reasonable inferences that can be made from those facts. Whether these facts and inferences were rational is based on what a “reasonable, cautious officer, guided by his experience and training” would determine in that specific case. Under the law, having a hunch or a suspicion without specific facts is not enough to stop someone.

A very common reason that a police officer will pull someone over suspecting DUI/DWI is because that person was swerving on the road. It’s important to note though, that someone who is weaving within a lane is not enough to support a reasonable suspicion of DUI/DWI and therefore cannot be pulled over. This has been upheld by North Carolina courts.

When Can Weaving Be Enough?

However, weaving, when combined with other factors, can be enough for reasonable suspicion, legally allowing the officer to pull someone over. North Carolina courts have held that officers have a reasonable, articulable suspicion when a driver is weaving at an unusual location, and in an area in close proximity to bars. State courts have also found that a driver who was weaving so erratically that drivers in the oncoming lanes had to move to avoid colliding with him or her was enough to justify a stop.

Again, it’s not enough that you were swerving slightly within your lane to justify reasonable suspicion and therefore being stopped. If you have been charged with a DUI/DWI, there is a chance that the arresting officer violated your rights.

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

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!