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Zoom video conference with attorney.

Could Zoom Be the Future of Jury Trials?

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Without a vaccine and no clear end in sight, unfortunately, coronavirus seems here to stay for a while. While many industries have adapted to our new normal, many courts have remained closed. It begs the question as to the future of jury trials as we know them. How can you uphold a defendant’s right to a speedy trial? How can members of the jury sit together? Well, for some courts it seems that the answer is Zoom.

Zoom, a video-conferencing software that became extremely popular during quarantine, was recently used by the state of Texas. However, the case was civil – not criminal – and the verdict won’t be binding. It remains to be seen how Zoom could come into play with criminal trials. 

While it sounds good in theory, using Zoom to conduct a jury trial could end up violating defendants’ constitutional rights, such as the right to confront witnesses. How could this be done on Zoom? Would it be considered the same as if it was conducted in-person?

Zoom Just Isn’t the Same

Many would argue that it is not the same. Since a major factor in criminal trials and verdicts has to do with the credibility of witnesses, it may be more difficult to assess credibility if you are unable to be with that individual in person. Things such as body language and facial expressions are much harder to decipher through a screen. Not to mention that judges often set higher bail for defendants whose hearings are conducted through closed-circuit TV.

Other issues associated with videoconferencing for criminal jury trials include:

  • Non-digitizable physical evidence

Sometimes jurors need to be able to touch and hold evidence and look at it up close with their own eyes.

  • Difficulty with effective assistance of counsel

Defendants have a right to be represented by a competent attorney. Unfortunately, when attorneys cannot be in the same room as their clients, this makes it tough. 

  • Difficulty with Impartiality of Jurors

When a jury is selected, the court will take a variety of precautions to be sure that jurors are not swayed by external factors. For example, in a courtroom jurors remain under a microscope, with phone use and multi-tasking prohibited.  Without eyes on them, jurors are able to look at the news or the Internet, which could influence their decision. 

  • Technical problems

No matter how advanced technology becomes, it’s never perfect. Sometimes we experience technical issues. There is no guarantee that the audio or video won’t cut out at certain critical parts of the trial. 

It’s clear that although convenient, there are many constitutional issues that present with relying upon Zoom or another video-conferencing system. For this reason, it seems unlikely that courts will decide to adopt and conduct video-trials. 

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

A criminal conviction can have a severe and long-lasting impact on your life. From finding a place to live to securing a job position, it can prove difficult with such a conviction on your record. It can also impact your ability to get to and from work and make money. That is why it is in your best interest to consult with a knowledgeable and experienced criminal defense attorney as soon as possible. 

A qualified criminal defense attorney has experience with fighting these types of charges and can help you to navigate the criminal justice system. 

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

Man with handcuffs, being arrested for drug trafficking

Drug Trafficking in North Carolina

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When you have been charged with the trafficking of drugs, it can feel hopeless and terrifying. You may feel that there is nothing you can do. However, that is not necessarily the case. 

Those who possess a scheduled controlled substance or a narcotic could find themselves up against a drug trafficking charge. However, it is the amount of the drug that determines whether your possession of the drug can be considered trafficking. 

Intention is Irrelevant

What is important to keep in mind is that your intention is irrelevant. It does not matter if you obtained a large amount of drugs to use by yourself. If you have over a certain amount of drugs in your possession you can still be charged with drug trafficking.

You may be charged with drug trafficking if you possess:

  • 10 lbs. of marijuana
  • 100 pills of LSD or Ecstasy
  • 4 gm of morphine, opioids, or heroin
  • 28 gm of powder or crack cocaine

Harsh Consequences

If you are found guilty of drug trafficking, you may face a variety of serious consequences such as long jail sentences (beginning at 25-30 months), hefty fines, or the forfeiture of assets. If you are accused of violating federal drug trafficking laws, you may invoke federal sentencing guidelines. 

When you have been charged with drug trafficking you may also find yourself charged with other crimes as well. If the drugs in your possession are found packaged in a way that lends itself to looking like they are being sold, someone may also be charged with possession with intent to distribute or intent to sell or deliver. 

This can be extremely serious, as when you are being accused and assessed for multiple charges, it may increase the likelihood that you will be convicted. The circumstances often dictate whether you should obtain a plea bargain or take the case to trial. An attorney can help you to weigh these options. 

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

A conviction for drug trafficking can have a severe and long-lasting impact on your life. From finding a place to live to securing a job position, it can prove difficult with such a conviction on your record. It can also impact your ability to get to and from work and make money. That is why it is in your best interest to consult with a knowledgeable and experienced criminal defense attorney as soon as possible. 

A qualified criminal defense attorney has experience with fighting these types of charges and can help you to navigate the criminal justice system. 

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

Police officer stopping blonde woman for DWI.

Can You Get a DWI in a Self-Driving Vehicle?

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The idea of “self-driving” vehicles is extremely exciting, like something out of a sci-fi movie. They allow the driver to sit back while the car operates by itself when in self-driving mode. Many are under the impression that “self-driving” vehicles do all the work, allowing you to do what you please while in the car. But what many do not know is that self-driving vehicles are not entirely autonomous; they still require the operator of the vehicle to take control of the wheel when necessary, such as in the case of an emergency. 

Unfortunately, several drivers in North Carolina have been pulled over by police officers because they were asleep behind the wheel while the autonomous vehicle was in motion. All of these individuals were charged with driving under the influence. 

Physical Control of the Vehicle

Although the vehicle operates on its own, a person must turn it on and off. Driving under the influence requires that the individual had physical control of the vehicle. Therefore prosecutors will often leverage circumstantial evidence in order to prove that the individual turned on the vehicle before the self-driving feature was activated. Such circumstantial evidence may include:

  • The individual is sitting in the driver’s seat
  • The keys are in the ignition
  • The engine is operating
  • The tires are warm to the touch
  • The vehicle is on a road or on the side of a road

Police Officers Require Reasonable Suspicion

However, it is important to point out that unless the vehicle is stopped at a roadside checkpoint, police officers must have reasonable suspicion in order to pull over the driver. When an individual is asleep behind the wheel this serves as reasonable suspicion enough to make a traffic stop. 

Generally speaking though, if the operator of a self-driving vehicle (that has the self-driving feature turned on) is awake and the vehicle is not moving in a reckless or questionable manner, police officers do not have reasonable suspicion to pull them over and therefore cannot issue them a citation. 

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

When you have been pulled over – regardless of the type of vehicle that you are driving – and charged with a DWI, it can have a very long-lasting impact on your life. Not only can it affect your ability to obtain or keep certain jobs, but also it can have a permanent impact on your reputation. That’s why it is in your best interest to consult with a knowledgeable and experienced criminal defense attorney 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 these charges. To learn more or to schedule a free consultation, contact us today!

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Man being put in handcuffs

Could My Child Be Charged as an Adult in NC?

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As a parent, you do your very best to make sure that your children stay safe, healthy, and out of trouble. You try to instill the best values within them and guide them on the right path to success. But sometimes, your kids make mistakes anyway.

Hearing that your child has been arrested can be a nightmare, but finding out that it’s for a felony or serious crime can be heartbreaking. Children who commit crimes generally go through the North Carolina juvenile justice system. Unfortunately, that’s not always what happens. 

So What’s the Difference?

The North Carolina juvenile court system uses things such as education, supervision, and community service in an effort to prevent the child from reoffending. This is very different from the state’s adult justice system in that it typically punishes offenders as a means to prevent repeat offenses. 

When Can a Minor be Charged as an Adult?

In North Carolina children between the ages of six and 17 can be charged as a juvenile. While the state used to prosecute minors as young as 16 as adults (dependent upon the case), the 2017 “Raise the Age” law increased that age from 16 to 18. Therefore now all minors are prosecuted in juvenile court to start. However, there are three different ways in which they can still be prosecuted as an adult in North Carolina: 

  • Mandatory Waiver: The jurisdiction must be transferred to adult criminal court if the defendant is alleged to have committed a Class A felony (i.e. first-degree murder).
  • Discretionary Waiver: The jurisdiction may be transferred to adult criminal court considering the minor’s criminal record, specific facts of the case, and if the minor was at least 13 years old when the alleged felony offense was committed. 
  • Previous Transfer: Once a case is transferred to adult criminal court, all subsequent offenses must be tried there as well. 

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

Regardless of whether your child has been charged in juvenile or adult court, a qualified criminal defense attorney will often settle the case out-of-court in an effort to minimize the charges and/or the sentence. 

No matter which court you or your child is charged in, a conviction can have a severe and long-lasting impact on your life. From finding a place to live to securing a job position, it can prove very difficult with certain convictions on your record. That’s why it is in your best interest to consult with a knowledgeable and experienced criminal defense attorney 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 these charges. To learn more or to schedule a free consultation, contact us today!

Female being tested with a breathalyzer for drugs or alcohol.

Breathalyzer Test Can Detect Levels of Marijuana

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More and more states have begun legalizing the use of both medical and recreational marijuana. Subsequently, law enforcement has increasingly concerned itself with discovering new ways to identify any drivers who may be under the influence of and impaired by marijuana and specifically the psychoactive ingredient in it, tetrahydrocannabinol (THC).

Detecting THC in the Body

While several tests have been implemented to discover the level of an individual’s intoxication, THC has only been able to be detected through a sample of someone’s blood or urine. Luckily, researchers at The University of Pittsburgh are now in the process of developing a new way to detect THC on a driver’s breath. 

This new THC Breathalyzer, though still in its developmental phase, brings much hope to law enforcement and prosecutors that they will soon be able to identify those driving under the influence of marijuana and THC products. 

How Does the THC Breathalyzer Work?

The marijuana Breathalyzer uses microscopic carbon nanotubes in order to measure the number of THC molecules in the breath. When a driver breathes into the Breathalyzer, the THC molecules, which change their electrical properties, bind to the surface of the nanotubes. This changes how quickly the electrical currents are able to determine whether there is THC present in the individual’s breath. 

The Concern of Accuracy 

Since these devices are brand new, there is concern regarding the accuracy of this testing and therefore how it could result in issues for law enforcement officers administrating them. 

Since marijuana stays in an individual’s system much longer than alcohol, it can prove very difficult to determine whether or not someone is showing THC from the time that they were behind the wheel, or whether they were under the influence up to a month ago. 

Additionally, since THC is stored in fat cells and people have a variety of body types and compositions, it can make it more difficult for states to determine what is considered the legal limit for it and thus what constitutes impairment under the law. 

Joel Hancock at Hancock Law Firm, PLLC Helps Those in North Carolina Who Have Been Charged with Driving Under the Influence

A conviction for driving under the influence of drugs or alcohol can have a severe and long-lasting impact on your life. From finding a place to live to securing a job position, it can prove difficult with such a conviction on your record. It can also impact your right to drive, and subsequently your ability to get to and from work and make money. That’s why it is in your best interest to consult with a knowledgeable and experienced criminal defense attorney 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 these charges. To learn more or to schedule a free consultation, contact us today!

Sign on county highway with stay-at-home order, that says "Stay Home, Stop the Spread"

What Happens if You Violate a NC State or County “Stay-at-Home” Order?

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With the spreading of COVID-19, many states, including North Carolina, have issued various orders in an attempt to minimize the transmission of the virus. As of 5:00 on March 30, 2020, all individuals in the state of North Carolina became subject to Executive Order No. 121, also known as a “stay-at-home” order previously issued by Governor Roy Cooper. 

The Order tells individuals who are currently located in North Carolina that they must stay at home, whether their place of residence or current abode and should “only travel for Essential Activities,” including:

  • Activities pertaining to health and safety
  • Outdoor exercise
  • Shopping for necessary supplies (e.g. food)
  • Caring for others
  • Volunteering

If someone fails to abide by the Executive Order, they could be charged with a Class 2 Misdemeanor. Although this criminal charge generally results in a non-jail sentence (with usually just fines and/or probation), those who have a prior criminal history may face 60 days in jail. 

In addition to a state “stay-at-home” order, there can also be more restrictive orders of the same kind that are issued by local counties and governments. Those who violate local “stay-at-home” orders may also be found guilty of a Class 2 Misdemeanor.

Law enforcement can enforce these “stay-at-home” orders by issuing warnings, citations, or even arrests. Most individuals who violate a “stay-at-home” order will likely receive a warning. However, it is important to note that reasonable suspicion of criminal activity gives an officer the legal right to conduct an investigatory stop. In other words, if a police officer believes that an individual is violating a “stay-at-home” order, he or she may stop the individual to issue a warning during which time he or she could find evidence of a more severe crime. 

Joel Hancock at Hancock Law Firm, PLLC Helps Those in North Carolina Who Have Been Arrested for Violating a “Stay-at-Home” Order

If you have been arrested or ticketed for allegedly violating a “stay-at-home” order, it is in your best interest to consult with a knowledgeable and experienced criminal defense attorney 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 these charges. To learn more or to schedule a free consultation, contact us today!

Policeman with a K-9 unit dog preparing for a search.

What Is the ‘Exclusionary Rule?’

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Can illegally obtained evidence be used against you at trial? The simple answer is “no.” When you are charged with a crime, all evidence presented at trial must have been obtained in a legal manner; any illegally obtained evidence may not be presented. This is called the “exclusionary rule.”

The exclusionary rule was established as a means to protect a defendant’s rights by deterring law enforcement from conducting any illegal searches and seizures of property. In order for the exclusionary rule to apply, your lawyer must demonstrate (provide proof) that the acquisition of the property in question was collected in violation of your constitutional rights. If the court denies the request to suppress evidence that has been illegally obtained, should you be convicted, you may file an appeal. 

Your Fourth Amendment Rights

The Fourth Amendment of the U.S. Constitution serves to protect you from the unreasonable search and seizure of your personal property. In order for a search to be considered legal, law enforcement must have a warrant permitting them to do so. Evidence collected without first obtaining a warrant to search could be considered a violation of your rights under the constitution. 

The only way in which an officer can conduct a search (and seizure) legally without a warrant is if he or she has probable cause. Probable cause essentially means that there is reasonable evidence to believe that a crime has been or is currently being committed. For instance, if an officer pulls you over for speeding and sees drug paraphernalia in the backseat of your vehicle, and if they find drugs, it may be a legal search and therefore admissible evidence. However, law enforcement must have had an additional reason for believing that a crime had or is being committed; the act of pulling you over for speeding would not create probable cause of drug possession. There must be separate probable cause.

Exceptions to the Exclusionary Rule

It is very important to understand that dependent upon the circumstances of each case, there may have been an exception to the exclusionary rule. Such exceptions include the:

  • Good Faith Exception: If an officer conducted a search that was later found to be invalid it may be admissible.
  • Attenuation Doctrine: If the connection between the evidence and the unconstitutional way it was obtained was remote it may be admissible.
  • Independent Source Doctrine: If evidence was obtained unlawfully but later acquired through a legal search, it may be admissible.
  • Inevitable Discovery Doctrine: If illegally obtained evidence would have been lawfully obtained under different circumstances it may be admissible.

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

If you or a loved one has been charged with a crime, it can have a severe and long-lasting impact on your life. That’s why it is in your best interest to consult with a knowledgeable and experienced North Carolina criminal defense attorney 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 your charge. To learn more or to schedule a free consultation, contact us today!

Couple fighting while child cries in home.

Can Domestic Violence Be Considered a Felony in NC?

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Domestic violence is treated very seriously in North Carolina, as it is in every other state. Those charged and convicted of such behavior will receive consequences correlating to the classification of domestic violence: misdemeanor or felony. So how are these classifications identified?

Domestic violence includes physical or sexual violence, such as:

  • Pushing
  • Shoving
  • Punching
  • Choking
  • Slapping
  • Hitting someone with an object
  • Throwing an object at someone
  • Rape
  • Sexual assault

Defendants of Domestic Violence

Crimes of domestic violence are those ordinarily considered assault, battery, or sex crimes when not involving anyone in the special class of defendants. To be considered domestic violence, certain select individuals must also be the ones to conduct this violent behavior. Such people include:

  • Boyfriends
  • Girlfriends
  • Fiancés
  • Spouses
  • Dates
  • Person who resides under the same roof as the victim
  • Person with whom the victim has a child
  • Person previously in a relationship with the victim (sometimes)
  • Person previously residing with the victim (sometimes)

Unfortunately, although domestic violence is very serious when it occurs, sometimes those accused of such actions must battle a system that treats them as guilty before any evidence has proven so. 

False Allegations

Unfortunately, individuals will sometimes report false allegations of domestic violence in order to gain favor in an ongoing, ugly divorce or custody battle. 

Arrests with Minimal or No Evidence

The good news is that law enforcement is very aware of domestic violence and what it means for the victims of such crimes. The bad news is that sometimes law enforcement agencies, in their effort to protect individuals from harm, may place a defendant under arrest without the proper evidence.

No Due Process

The fast pace with which many law enforcement agencies arrest those accused of domestic violence can turn their lives upside down. Often they are immediately put into jail or face protective orders, which prevent them from going home.

Determining Classification: Felony or Misdemeanor

Whether or not domestic violence is filed as a misdemeanor or a felony is the choice of the prosecutor on the case. This classification can make a significant difference on the level of punishment that the defendant receives if convicted. Misdemeanors usually result in a fine and up to twelve months in jail; Felonies generally carry higher fines and longer periods of time in jail.

Other punishments include mandatory attendance in anger management or domestic violence intervention programs as well as a specific amount of community service, payment of a fine, and abiding by a protective order. 

Factors for Classifying Domestic Violence

The prosecutor generally looks at several factors when determining the classification of the crime:

  • Severity of the injuries
  • Prior convictions of the defendant
  • Prior reported incidents of abuse of the victim by the defendant

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

Whether considered as a misdemeanor or a felony, a domestic violence conviction can have a severe and long-lasting impact on your life. From finding a place to live to securing a job position, it can prove very difficult with such a conviction on your record. That’s why it is in your best interest to consult with a knowledgeable and experienced criminal defense attorney 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 these charges. To learn more or to schedule a free consultation, contact us today!

Opioid pill bottles, often a catalyst for drug addiction

Addiction Proves Serious Problem for North Carolina Residents

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Unfortunately, addiction is a reality for millions across the United States, with varying drugs gaining popularity. Recently, opioids are greatly impacting many residents of North Carolina. 

Opioids differ from a lot of drugs in that unlike others that are illegal, opioid addiction usually begins because a doctor prescribes an opium-based medication. Although there are now less addictive options, many of those who have been prescribed them already are fighting a big battle. 

In fact, since 1997, more than 400,000 people have died in the U.S. due to opioids. According to the North Carolina Department of Health and Human Services (NCDHHS), from 1999 to 2016, more than 12,000 North Carolina residents died from opioid-related overdoses. 

The NIH’s National Institute on Drug Abuse has reported that the greatest increase in deaths were those involving synthetic opioids besides methadone (mostly fentanyl).

In 2017 (the most recent data available), there were 1,953 overdose deaths, an average of 19.8 deaths per 100,000 people in the state of North Carolina. This may not seem like a lot, but when you consider the fact that the national average is 14.6 deaths per 100,000 people it is quite substantial. However, this isn’t too surprising considering that in 2017 opioids in North Carolina were prescribed at a rate of almost 13 percent higher than that of the national average. 

Investigations Help to Hold Large Corporations Accountable

Now that it has been brought to light, these higher rates of opioid prescriptions are considered a red flag for regulators when it comes to looking at big pharma companies and their abuses. As a means for keeping things in check, under the Controlled Substances Act companies are obligated to report any unusually large shipments of opioid medications. 

These investigations have proven effective. For example, some previous investigations found numerous unreported shipments of opioid medications. In West Virginia, a town of just 400 people was shipped 3,7 million hydrocodone pills over the course of only three years. 

By conducting these investigations, it is helping to hold companies accountable for their part in the opioid crisis. Unfortunately, addiction is often the catalyst for criminal drug charges – even those unrelated to drugs. Although addiction is a very serious disease, there is help available to anyone who is struggling if they seek help. 

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

Drug addiction is a serious problem, but one that is still criminalized. A drug conviction can have severe and long-lasting effects on your life. That’s why it is in your best interest to consult with a knowledgeable and experienced criminal defense attorney. At Hancock Law Firm, PLLC, we fully understand what is at stake and will do everything that we can to help you fight your charge. To learn more or to schedule a free consultation, contact us today!

Couple using the OnMyWay app.

OnMyWay App Hopes to Decrease Distracted Driving

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While technology has helped us in many different areas of life, there are areas where it has also caused a negative impact. One such area is the usage of phones contributing to distracted driving. According to the National Highway Traffic Safety Administration (NHTSA), in 2017 distracted driving claimed the lives of 3,166 people. The National Safety Council reports that mobile use is now the leading cause of death for drivers, contributing to a fatality every 30 seconds. Luckily, there is still hope. 

A new app called “OnMyWay” aims to reduce these scary statistics by incentivizing drivers to keep their hands off of their phones and their eyes and ears on the road. And what better incentive is there than money? The OnMyWay app will actually pay its users to refrain from using their cell phones while they drive. 

The name of the app comes from the idea that most of the individuals who text while driving are doing so to inform the individuals whom they are meeting as to their distance and ETA. To combat this, the app creates a custom webpage that connects the driver with the individual(s) that he or she is on the way to meet. Individuals who are invited can follow the website from their phone, computer, or tablet, for real-time updates on the driver’s ETA. 

The OnMyWay App Uses Proprietary Technology

To do so, the app uses proprietary technology that can identify when someone is moving at least 10-12 mph. So long as your phone remains unlocked, you will receive money for every mile that you drive safely. This money can then be redeemed through specific retailers that are featured in the app. It costs nothing for retailers to join – unless a customer redeems their money with them. To boot, it costs customers nothing; it can be downloaded for free onto an iPhone.

In other words, not only does the app support and promote local businesses, but it also encourages drivers to pay full attention to the road. Though created in South Carolina, the app’s creators are seeking to attract more national retailers, such as Amazon, which has already come on board. Though the app hopes to soon provide users with more upfront savings and offers, at present time a user must link a credit card to the app. They only receive cashback after they have paid full price for products. 

Though security remains a concern of money, the founders of the app have taken proactive measures to ensure that customer information is safely secured. This includes the encryption of their system and their reliance upon highly reputable third party Software Company. (Many major companies, including Venmo, also employ the same company.)

Hancock Law Firm Helps Those in NC Who Have Been Cited for Using Their Phone While Driving

If you have been ticketed for texting or using your phone while driving it is in your best interest to consult with a knowledgeable and experienced North Carolina Traffic Violation attorney. At Hancock Law Firm, PLLC, we will work hard to get your ticket minimized or even dismissed. To learn more or to schedule a free consultation, contact us today!