Category: Criminal Defense

It’s common for people who have injured and even killed others to invoke self-defense, but how effective is this argument? Understanding when the law allows one to claim self-defense, and when a justified action instead becomes a criminal charge, is critical to your case.

Did you defend yourself from harm and now find yourself with criminal charges? By working with a Carteret County criminal defense attorney, you can explore all legal options, including self-defense. Hancock Law Firm, PLLC explains what you need to know.

What is Self-Defense in North Carolina?

Self-defense is the legal right to protect yourself when you are facing the imminent threat of harm. There is a similar right to defend others who are also threatened. Self-defense allows a would-be victim to take reasonable steps to avoid injury or death.

But there are some important caveats associated with self-defense. To successfully invoke this justification, a defendant must prove the following:

• The defendant was imminently threatened: This means a threat of serious bodily harm or death.
• The belief about the threat was reasonable: The circumstances must indicate that the defendant’s belief about an imminent threat was reasonable.
• The force used was proportional: The defendant’s use of force in defending themself must be proportional to the threat. Excessive force may invalidate any self-defense argument.
• There was no duty to retreat: In general, there is no duty to retreat in North Carolina, and this arises more specifically in “stand your ground” situations (see below).
• There was no initial aggression: The defendant cannot argue self-defense if either they provoked the situation or escalated it to the point of violence.

North Carolina has two important self-defense laws that defendants should know about: Stand Your Ground and the Castle Doctrine. A knowledgeable Carteret County criminal defense lawyer can explain them.

What is Stand Your Ground?

Many states, including North Carolina, have enacted “stand your ground” laws. “Stand your ground” means that a person does not have to retreat before using force to defend themself. However, the person must have the lawful right to be present where they used force.

Stand your ground allows the use of force, even deadly force, to defend oneself from harm. There are a few specific requirements the defendant must prove:

• The defendant was protecting themself or others from imminent harm
• The defendant reasonably believed that force was necessary to prevent death, serious bodily injury, or a forcible felony (e.g. kidnapping)
• The defendant was in a location where they had a legal right to be

What is the Castle Doctrine?

The Castle Doctrine allows a person in Carteret County to use force (including deadly force) to protect themself, their home or residence, their vehicle, and their workplace. The person must have a reasonable belief that there is an imminent threat of harm.

This rule does not allow a person to use deadly force if they were the initial aggressor or they could have safely retreated from the danger. It also creates two presumptions that prosecutors may rebut. Those presumptions are:

• That the lawful occupant of a home, residence, vehicle, or workplace is presumed to have a reasonable fear of imminent death or serious bodily harm (to themself or others)
• That the person who unlawfully entered the home, residence, vehicle, or workplace is presumed to have done so with the intent to commit an act of force or violence

In order to rebut these presumptions, prosecutors can only use one of five specific exceptions found in the Castle Doctrine statute:

• The “intruder” had a legal right to be in the home, residence, vehicle, or workplace
• The person whom the “intruder” tried to remove was a child or grandchild over whom the “intruder” had lawful custody or guardianship
• The defendant – the one who used force – was engaged in criminal activity at the time
• The “intruder” is a law enforcement officer or bail bondsman lawfully performing their duties
• The “intruder” discontinued all efforts to enter the home, residence, vehicle, or workplace and also left said place

Differences Between Stand Your Ground and Castle Doctrine

Also they are similar, these two forms of self-defense have some notable differences between them. They include:

• Stand Your Ground authorizes force in any place where the defendant has a right to be, not just in the places listed under the Castle Doctrine
• Unlike the Castle Doctrine, Stand Your Ground does not create presumptions of death and bodily harm
• Castle Doctrine does not include a prohibition on excessive force, while Stand Your Ground does

When “Self-Defense” Becomes Criminal

These are some realistic case examples of when an otherwise justified act of self-defense can turn into a criminal charge:

• Using disproportionate force: The proportionality of force to the threat is a serious consideration that judges and prosecutors will evaluate. Put simply, a defendant cannot use more force than is reasonably necessary to defuse the threat.
• Using deadly force: More specifically, the use of deadly force has often been a sticking point in self-defense cases. If someone is committing vandalism to your vehicle, you cannot shoot and kill them. Judges and prosecutors carefully review deadly force cases for compliance with the law.
• The belief of imminent harm was not reasonable: A person can claim that they believed the person they killed was about to injure or kill them. But sometimes this belief is not founded. Prosecutors evaluate the totality of the circumstances to consider the reasonableness issue.
• Starting a fight: If the defendant is the one who started the fight and later tries to invoke self-defense, there is a good chance the argument will fail. For example, if you shove someone at the bar, they shove back, and then you punch them, this is likely not self-defense.
• The threat ended when force or violence was used: Once the danger is over, the right to self-defense generally goes away because it does not permit retaliation. This is a complicated issue, however. What if the aggressor went away but then came back, or threatened to?

Talk to Our Dedicated Criminal Defense Attorney

North Carolina laws allow a defendant to argue one of several forms of self-defense. But understanding the nuances of the two above doctrines is critical. Without a strong legal strategy, your self-defense argument could fail and leave you facing serious jail time.

If you used force to defend yourself or others from harm, and were then charged with a crime, connect with Hancock Law Firm, PLLC to explore your self-defense options. We are proud to serve clients in Carteret County and elsewhere in North Carolina. Get in touch with us today.

Getting charged for the first time in Carteret County doesn’t always mean a conviction will end up on your record. In North Carolina, eligible defendants can avoid a formal guilty verdict by entering programs such as conditional discharge under N.C. Gen. Stat. § 15A-1341(a)(4) or the “90-96” program under N.C. Gen. Stat. § 90-96. These mechanisms permit a court to defer judgment, place someone on probation under specific terms, and, upon successful completion, dismiss the original charge. By working with an experienced criminal defense attorney, you improve your chances of making a fresh start. 

What Are Conditional Discharge and First-Offender Programs?

Under § 15A-1341(a)(4), the court may, on joint motion of the defendant and the prosecutor and with the defendant’s consent, defer further proceedings without entering a judgment of guilt, place the person on probation, and, after completion of probation, dismiss the charges.

Separately, the “90-96” conditional discharge statute applies to certain drug possession and paraphernalia offenses for first-time offenders. The court places the person on probation instead of entering a judgment of guilt, and if the terms are satisfied, the charge may be dismissed.

Who Qualifies and What Are the Key Requirements?

Eligibility depends on the specific program and the county, but in general:

• You must have no prior felony convictions or certain misdemeanor convictions involving moral turpitude.
• You must typically be charged with a qualifying misdemeanor or low-level felony (for § 15A-1341(a)(4)) or, for the 90-96 program, non-violent drug or paraphernalia offenses.
• You must enter the program with the prosecutor’s agreement and the court’s approval.
• You must complete probation and fulfill conditions, which might include treatment programs, classes, community service, payment of fees or restitution, and avoiding new criminal charges.

Failure to satisfy the terms can result in the court entering a judgment of guilt and imposing a conventional sentence.

How This Works in Carteret County Courts

If you’re charged in Carteret County, these state statutes apply, so you or your attorney may ask the district attorney to consider a conditional discharge or first-offender program. The local court will evaluate whether you meet eligibility, approve the terms of probation, and if successful, dismiss the case rather than enter a conviction.

Because the statutes allow dismissal of the plea or finding of guilt after completion, the outcome can significantly reduce the long-term consequences of the charge.

Benefits of Using These Alternatives

• You avoid having a conviction formally entered on your record if you complete the conditions.
• You can reduce the collateral consequences — employment, housing, and licensing issues — that often follow a criminal conviction.
• For the 90-96 program, once dismissed, you may seek to have the record expunged.
• The structure incentivizes compliance and gives you a chance to demonstrate good conduct rather than starting with a conviction.

Important Caveats and Risks

• These programs are not guaranteed; approval depends on the facts of the case, the prosecutor’s and judge’s discretion, and your history.
• If you fail to meet the probation conditions (such as missing meetings, incurring new charges, or failing to pay fees), the court may enter a judgment of guilt, and sentencing will proceed as if no program were in place.
• Even if the charge is dismissed, it may still appear in certain records unless expunged, and not all offenses are eligible for expunction.
• Local practices in Carteret County may vary, so working with someone familiar with the courts can improve your chances of a favorable outcome.

Next Steps

Once you’re charged, your attorney can determine whether you qualify and whether the prosecutor will consider one of these programs. A skilled conditional discharge lawyer can also help to:

• Review the probation terms carefully, and explain what is required of you before you commit to meeting those conditions.
• Maintain proof of class completion, payment of fees, community service, and any other mandated action.
• Ensure the court formally enters the dismissal upon completion of the program and determine whether to pursue an expungement. 

Discuss Your Conditional Discharge Options With a Skilled Criminal Defense Lawyer

In Carteret County and throughout North Carolina, conditional discharge and first-offender programs offer valuable alternatives to traditional criminal convictions for eligible individuals facing certain charges for the first time. 

If you believe you qualify for one of these programs, turn to Hancock Law Firm. We will help you understand your eligibility, represent you in court, and work to secure the best possible outcome for your future. Get in touch today.

If you’re caught driving with a suspended or revoked license in North Carolina, you’re not alone. Thousands of drivers face this charge each year, often because of missed court dates, unpaid fines, or DWI-related suspensions. These charges, officially called “Driving While License Revoked” (DWLR), carry real consequences and can get worse with each offense.

At Hancock Law Firm, PLLC, our Carteret County traffic ticket attorney helps North Carolina drivers handle DWLR charges, understand their legal rights, and fight for license reinstatement.

What Is DWLR in North Carolina?

Under North Carolina General Statute § 20-28, Driving While License Revoked means operating a motor vehicle knowing that your license has been suspended or revoked.

A license suspension is usually temporary and occurs for issues like unpaid fines, points on your record, or missed court appearances. A revocation is more serious and can last longer, often triggered by DWI convictions or other criminal traffic offenses.

DWLR charges happen frequently across North Carolina. One study estimates that over 1.2 million people in North Carolina have active suspensions of driving privileges. 

Common reasons your license might be suspended or revoked include:

• Missing a court date for a traffic matter
• Unpaid tickets or fines owed to the DMV
• A prior DWI conviction or administrative suspension
• Failing to maintain auto insurance as required by law

Regardless of why you lost your driver’s license, it is important to understand your rights. This begins with understanding the two types of DWLR charges you could face.

Understanding the Two Types of DWLR Charges

There are two different legal categories under DWLR. Which one you’re charged with makes a big difference in your case.

DWLR (Non-Impaired)

This is when your license is suspended or revoked for reasons not involving impaired driving. Common examples:

• Unpaid fines
• Missed court dates
• Speeding violations

Other reasons could also lead to a driver’s license suspension, even though you were not arrested for drunk driving. 

DWLR–Impaired Revocation (DWLR-IR)

This charge is more serious. It applies when your license was revoked due to a DWI conviction or alcohol-related administrative suspension. Courts treat this with far more weight due to safety concerns and the state’s DWI policies.

2025–26 Penalties for Driving With a Revoked or Suspended License

In North Carolina, DWLR penalties depend on the specific type of charge:

DWLR (Standard/Non-Impaired Revocation)

You are arrested for driving without a valid driver’s license. The penalties may include:

• Class 3 misdemeanor
• Fines and court costs (2025 fines average $188–$350 per charge)
• Up to 20 days in jail (for repeat offenses)
• Extended suspension periods

The penalties increase if you are arrested for DUI with a suspended license.

DWLR–Impaired Revocation (DWLR-IR)

If you are drunk when you are arrested for DWLR, the penalties may include:

• Class 1 misdemeanor
• Up to 120 days in jail
• Your vehicle may be seized by law enforcement
• No eligibility for limited driving privileges
• Mandatory court costs and DMV reinstatement fees

Penalties continue to rise in 2025 due to added surcharges and fewer options for probation or community service substitution.

Habitual Offender Consequences: Felony Risk

Drivers with repeated DWLR convictions face higher-level punishment. If you have multiple prior revocations or prior habitual DWI charges, you may qualify as a habitual DWLR offender under North Carolina General Statute § 20-28(a). This can expose you to:

• Class H felony charges
• Longer jail or prison time
• Loss of your vehicle permanently
• Limited or no eligibility for license reinstatement

In addition to the above penalties, you also need to worry about what will happen to your vehicle after an arrest for DWLR in North Carolina. 

Vehicle Seizure in DWLR-IR Cases

If you’re caught driving under a DWLR-IR charge and the vehicle is registered in your name, law enforcement can seize it on the spot. 

Under North Carolina General Statute § 20-28.2, vehicle seizure may occur before you’re even convicted. Here’s what you need to know:

• The state holds the vehicle until your case is resolved
• You (as the defendant) may be unable to retrieve the car without court permission
• Lienholders or co-owners may petition for the vehicle’s release
• Permanent forfeiture can happen if you’re convicted

Having your vehicle seized during an arrest for DWLR can be expensive. 

Legal Defenses to DWLR Charges in North Carolina

There are strategies to fight DWLR charges. Having a knowledgeable defense attorney makes a big difference.

Legal defenses may include:

• No proper notice: If the DMV didn’t notify you correctly about your license suspension, the charge may be dismissed
• Administrative errors: Mistakes by the DMV can inaccurately mark your license as revoked
• Procedural errors: If law enforcement failed to follow protocols during the traffic stop or arrest, the case could be challenged
• Valid license at time of stop: Sometimes, clients are charged after resolving their suspension without the records being updated

A DWLR defense attorney in North Carolina can review your DMV history, court records, and police reports for mistakes or dismissible issues.

Steps to Reinstate Your License in North Carolina

Fixing a revoked or suspended license takes time, but it is possible. Many drivers don’t realize they qualify for partial driving privileges or early reinstatement.

To start the process:

• Get your full driving record from the NC DMV
• Complete unresolved court requirements (pay fines, attend court dates)
• Enroll in any required classes (for DWI suspensions)
• Pay reinstatement fees (ranging from $65 to $130, depending on the reason)
• Apply for limited driving privileges if eligible

Reinstating a revoked license in NC isn’t easy, but our firm helps clients through every step.

Get Help from a DWLR Defense Attorney in NC

At Hancock Law Firm, PLLC, we handle hundreds of license-related cases each year across the state. We know how the courts, the DMV, and the local law enforcement system interact. Whether your license was suspended over a missed date or revoked due to a DWI, we find the clearest path forward.

We offer:

• Personalized case reviews for DWLR charges
• Legal representation in district and traffic courts
• Help with North Carolina driver’s license reinstatement
• Honest advice about your best options for avoiding jail and keeping your vehicle

Charged with DWLR in North Carolina? Let Hancock Law Firm, PLLC help. Call our office today to schedule an appointment with a skilled Carteret County traffic ticket attorney.

In today’s digital age, cell phones, laptops, and other electronic devices contain vast amounts of personal information. From emails and messages to bank records and photos, law enforcement agencies can gain access to nearly every aspect of your life if they seize your devices. For residents of Carteret County and across North Carolina, understanding your rights after an arrest is crucial. At Hancock Law Firm, we help clients protect their digital privacy and navigate the legal complexities surrounding electronic search warrants.

Do Police Have the Right to Your Password or Passcode?

A common question in North Carolina is: “Do I have to give my phone passcode if arrested?”

Under federal and state law, law enforcement generally needs a warrant to search your digital devices. The Fourth Amendment protects against unreasonable searches and seizures, and the North Carolina Constitution mirrors these protections. If police have a valid warrant, they can search your device. However, whether they can compel you to disclose your passcode or use biometrics is still a gray area and may implicate your Fifth Amendment rights.

It’s important to note:

• You cannot lawfully consent to a search if police use coercion.
• You do not have to provide your passcode voluntarily if there is no warrant.
• An attorney can often challenge the legality of the search or any evidence obtained.

How Digital Search Warrants Work in North Carolina

Digital search warrants are issued similarly to traditional search warrants but specifically authorize access to electronic devices. Law enforcement must demonstrate probable cause that evidence of a crime is stored on the device.

Key points about digital search warrants:

• Scope: Warrants must clearly define what can be searched (e.g., emails, text messages, apps).
• Limits: Police cannot seize unrelated personal data outside the warrant’s scope.
• Chain of Custody: Evidence must be handled and documented carefully to be admissible in court.

Improperly executed warrants or overbroad searches can sometimes lead to suppression of evidence, which means the evidence cannot be used against you in court.

Common Situations Involving Digital Searches

Residents of Carteret County may encounter digital searches in a variety of cases:

• Drug Offenses: Messages, contacts, and app data may be seized to support trafficking charges.
• Fraud or Identity Theft: Financial records, emails, and transaction histories are often scrutinized.
• Domestic Violence or Stalking Allegations: Text messages, call logs, and social media activity may be examined.
• Cybercrimes: Hacking, unauthorized access, or online harassment investigations often require extensive device searches.

Even if the investigation seems unrelated to your devices, any stored evidence can be a target if police obtain the proper warrant.

Your Rights and Legal Protections

After an arrest, protecting your digital privacy requires understanding your rights:

• Do Not Unlock Your Devices Without Counsel: Providing access voluntarily can limit your options for challenging the search later.
• Ask for an Attorney Immediately: A criminal defense attorney experienced in North Carolina digital law can assess the legality of the search.
• Document the Search: Note when and how police accessed your devices; this may be important for court proceedings.
• Challenge Overbroad Warrants: If the warrant is too general, an attorney may file a motion to suppress improperly obtained evidence.

How Hancock Law Firm Can Protect Your Digital Rights

At Hancock Law Firm, we understand that digital privacy is just as important as physical privacy. Attorney Joel Hancock has experience defending clients whose devices have been seized or searched, and we know the nuances of North Carolina law related to digital evidence.

We can help you:

• Assess the validity of a search warrant
• Challenge evidence obtained through unlawful or overbroad searches
• Protect your rights during criminal investigations
• Negotiate favorable outcomes in cases involving digital evidence

Don’t Let a Search Warrant Jeopardize Your Case

Being arrested and having your devices seized can be intimidating. However, you have rights—and you don’t have to navigate them alone. Acting quickly is critical to protect your information and your defense.

Contact Hancock Law Firm today for a confidential consultation. We represent clients throughout Carteret County, including Beaufort and Morehead City, and will fight to protect your digital privacy and legal rights.

A criminal charge is stressful, but many people don’t fully grasp that the effects of a conviction can last long after fines are paid or jail time is served. In North Carolina, a criminal record can follow you for years—or even a lifetime—impacting your ability to work, secure housing, and move forward in life. At Hancock Law Firm, we believe that protecting your future means understanding exactly what’s at stake and taking immediate, informed action when you’re accused of a crime.

Your Criminal Record in North Carolina

In North Carolina, a criminal record is essentially a permanent public record of your criminal history. It includes arrests, charges, convictions, and sometimes dismissed charges. Unlike some states, North Carolina does not automatically clear records over time—meaning even old convictions can be discovered during background checks.

This record is accessible to:

• Employers
• Landlords
• Licensing boards
• Schools and universities
• Law enforcement agencies

Employment Barriers

One of the most significant long-term consequences of a criminal record is its impact on job opportunities. Many employers run background checks before making hiring decisions, and a single conviction—even for a misdemeanor—can be a red flag.

Common challenges include:

• Automatic disqualification for certain professions, especially in healthcare, education, and government roles
• Difficulty obtaining professional licenses or certifications
• Missed career advancement opportunities due to restricted trust or clearance

At Hancock Law Firm, we’ve seen how proactive legal defense can prevent a damaging conviction and preserve a client’s career path.

Housing and Financial Consequences

Landlords often screen tenants for criminal records. Even if your conviction is unrelated to property damage or safety, it can still result in:

• Rental application denials
• Higher security deposits
• Limited access to better neighborhoods

Financially, a criminal record can limit your ability to get loans, mortgages, or favorable interest rates—particularly if your conviction involved fraud or theft.

Educational and Licensing Restrictions

Students with criminal records may face:

• Ineligibility for certain scholarships or grants
• Denial of admission to specific programs
• Restrictions in pursuing careers requiring state licensing (teaching, nursing, law, real estate)

Licensing boards in North Carolina have broad discretion to deny applications based on criminal history.

Impact on Personal and Family Life

The effects of a criminal record extend beyond professional and financial consequences. You may face:

• Strained personal relationships
• Child custody challenges in family law matters
• Reputation damage within your community

In smaller communities like Beaufort and Carteret County, word travels fast—making it even more critical to avoid or minimize convictions.

The Role of Expungement

North Carolina law allows certain criminal charges and convictions to be expunged (removed) from your record, but eligibility depends on several factors:

• Type of offense
• Age at the time of the offense
• Time elapsed since the conviction or dismissal
• Prior criminal history

While expungement can be life-changing, it is not automatic, and the process can be complex. Hancock Law Firm helps clients determine eligibility and guides them through the petition process.

Why Immediate Legal Representation Matters

The best way to avoid the long-term consequences of a criminal record is to prevent a conviction in the first place. This means acting quickly to build a strong defense. Attorney Joel Hancock is well-versed in North Carolina criminal law and has successfully defended clients in charges ranging from misdemeanors to serious felonies.

When you work with Hancock Law Firm, we:

• Investigate the facts thoroughly
• Challenge the prosecution’s evidence
• Seek dismissal, acquittal, or reduced charges
• Advise on record-clearing options when applicable

Protect Your Future Today

A criminal record can change the course of your life—but it doesn’t have to. With the right legal strategy, you can fight to protect your rights, your reputation, and your future opportunities.

If you’ve been charged with a crime in North Carolina, don’t wait. Every day that passes is a day the prosecution builds its case. Contact Hancock Law Firm today for a free and confidential consultation. We serve clients in Beaufort, Morehead City, and throughout Carteret County. Let us help you protect your future.

Not every criminal charge stems from malicious intent. In many cases, a person makes an honest mistake, yet still ends up facing criminal prosecution. In North Carolina, the legal concept of intent plays a major role in determining whether someone’s actions constitute a criminal offense. At Hancock Law Firm, we understand how the nuances of intent can impact a case, and we’re here to help clients in Beaufort and across Carteret County protect their rights and fight unjust charges.

Why Intent Matters in Criminal Law

In criminal law, intent refers to a person’s state of mind when committing an alleged offense. The law distinguishes between intentional wrongdoing and accidental behavior. To secure a conviction, prosecutors often must prove not only that an act occurred, but that the accused intended to commit a crime.

There are different levels of intent under North Carolina law, and understanding these distinctions can mean the difference between a conviction and a dismissal.

Types of Criminal Intent in North Carolina

North Carolina law recognizes several types of intent, each of which may apply to different crimes:

• General Intent: The accused intended to perform the act itself, regardless of the outcome. Example: Driving while impaired (DWI)—you may not intend to cause harm, but choosing to drive after drinking may still be criminal.
• Specific Intent: The accused not only committed the act, but did so with a specific goal in mind. Example: Theft—you must intend to deprive someone of their property permanently.
• Criminal Negligence: The accused didn’t intend to cause harm but failed to use reasonable care, resulting in dangerous consequences. Example: Leaving a child unattended in a hot car.
• Strict Liability: In some cases, intent does not matter. Simply committing the act is enough to result in criminal liability. Example: Selling alcohol to a minor, even if you didn’t realize the buyer was underage.

When a Mistake Can Lead to Charges

A misunderstanding, lapse in judgment, or accidental action can still result in criminal charges. Some common examples include:

• Accidental Theft: Walking out of a store with unpaid merchandise unintentionally
• Miscommunication in Domestic Disputes: Arguments that escalate and lead to assault charges
• Improper Prescription Use: Taking someone else’s medication without realizing it’s illegal
• Traffic Violations: Causing an accident while distracted, leading to reckless driving charges

In these situations, the presence or absence of intent is critical. At Hancock Law Firm, we know how to analyze the facts and challenge the prosecution’s narrative when your actions were not criminal in nature.

Defenses Based on Lack of Intent

If you’ve been charged with a crime in North Carolina, one of the most effective defenses may be to argue that you lacked the necessary intent. Some of the most common intent-based defenses include:

• Mistake of Fact: You believed you were acting lawfully because of a misunderstanding of the facts (e.g., taking property you believed was yours)
• Lack of Knowledge: You were unaware your actions were illegal (e.g., unknowingly possessing a banned substance)
• Accident: The act was unintentional and occurred without negligence (e.g., bumping into someone who falls and is injured)
• Consent: In some instances, the alleged victim consented to the act (e.g., a physical altercation that was mutually agreed upon)

In more serious cases, we may also explore:

• Mental Incapacity or Diminished Capacity: The defendant lacked the mental ability to form intent
• Duress: The defendant was forced to act under threat of harm

Why Legal Representation Matters

Even if you believe your actions were a harmless mistake, do not underestimate the seriousness of a criminal charge. A conviction—even for a misdemeanor—can stay on your record for life, impacting your employment, housing, and personal relationships.

At Hancock Law Firm, we carefully review every detail of your case to identify whether a lack of intent can be used in your defense. Attorney Joel Hancock brings deep knowledge of North Carolina’s criminal laws and a compassionate, client-focused approach to every case.

Contact Hancock Law Firm if You’ve Been Charged in Carteret County

If you’re facing criminal charges in North Carolina for what you believe was a mistake, don’t wait to speak with an experienced defense attorney. At Hancock Law Firm, we know how to build strong, fact-based defenses that emphasize your lack of criminal intent.

Contact Hancock Law Firm today to schedule your free and confidential consultation. We serve clients in Beaufort, Morehead City, and across Carteret County.

Being arrested is frightening for most people. Whether it happens in the middle of the night or in broad daylight, an arrest can leave you feeling powerless.

If you’ve seen arrests on TV, you’ve probably heard law enforcement read suspects their rights. However, you may not know that saying anything during and after an arrest can have a significant negative impact on your case. What you say—or don’t say—often plays a large role in your case outcome. Here’s what you need to know if you ever find yourself in this situation.

What You Should Say When Under Arrest

Staying calm and respectful during an arrest is key. This isn’t the time to argue, panic, or plead your case. No matter how unjust the situation feels, staying calm and respectful helps avoid unnecessary escalation. Officers are trained to observe and document your behavior.

Here’s what you can and should say when you’re under arrest:

• “I am invoking my right to remain silent”: Don’t just stop talking—say this phrase out loud. By clearly invoking your right to remain silent, you protect yourself from further questioning. Once you’ve said it, stick to it. You are not required to explain, defend, or clarify anything. It might be tempting, but do not fill the silence.
•  “I want to speak to an attorney”: Asking for legal counsel means the questioning must stop. This protects you from unintentionally saying something that could be used against you. If law enforcement continues to question you, calmly repeat that you want an attorney.
•  Provide basic identification: When you’re under arrest, you are generally required to give your name and show identification if asked. However, that’s it. Stick to basic biographical facts—don’t elaborate, and don’t answer any questions beyond what’s legally necessary.

What You Should Not Say When Under Arrest

It’s natural to want to explain yourself, but that can work against you. Here are some examples of what not to say:

•  “I only had one drink” or “I didn’t mean to…”: Trying to explain your way out of the situation almost always backfires. Anything you say can be twisted or taken out of context. Even if you think a statement sounds innocent or helpful, it can be interpreted as an admission of guilt.
• “You’re making a mistake” or “I know my rights”: You do have rights—but yelling them won’t help. Confrontational or sarcastic statements can be documented and used against you in court. Assert your rights calmly, without provoking the officer.
•  “Can’t we just work this out?”: This kind of statement may seem like a way to de-escalate the situation and avoid arrest, but it’s not advisable. Statements like these may be interpreted as trying to bargain or manipulate the situation. You’re better off staying silent and waiting for your attorney.
•  Anything you’re unsure about: When you’re stressed, it’s easy to guess or fill in gaps to be helpful. However, this is a bad idea. Your silence can’t be used against you, but an incorrect statement can be.

Why Staying Silent Is Your Smartest Move

Remaining silent may feel unnatural or even rude, but it’s one of the strongest tools you have during an arrest. Law enforcement officers are trained to get information. You are not trained to withstand questioning, especially under stress. The best way to protect yourself is to say as little as possible and let your lawyer handle the situation for you.

Talk to a North Carolina Criminal Defense Attorney Today

If you or someone you love has been arrested in Carteret County, be sure to ask for a lawyer—and then call our firm. The team members at Hancock Law Firm know how stressful and frightening arrests can be, especially if you didn’t do anything wrong.

Whether you’re facing a misdemeanor, felony, or simply need advice, call us today for a consultation and find out how we can help protect your rights.

When a warrant is issued for your arrest, it can be a stressful and overwhelming situation. Whether you are aware of the warrant beforehand or learn about it unexpectedly, understanding the legal process that follows is crucial. Warrants are legal documents that authorize law enforcement officers to take a specific action, such as making an arrest or conducting a search. Knowing what to expect after a warrant is issued can help you make informed decisions and take appropriate steps to protect your rights. Keep reading this blog from Hancock Law Firm for more information.

Types of Warrants

Before discussing what happens after a warrant is issued, it’s important to understand the different types of warrants and their implications:

• Arrest Warrant: Issued by a judge, this authorizes law enforcement to arrest and detain an individual suspected of a crime.
• Bench Warrant: Typically issued when someone fails to appear in court or comply with a court order. This allows police to arrest the individual and bring them before the court.
• Search Warrant: Authorizes law enforcement to search a specific location for evidence related to a crime. While this does not directly lead to an arrest, it can result in one if incriminating evidence is found.
• Failure to Appear (FTA) Warrant: Issued when a person does not appear in court as required, often resulting in additional penalties.

What Happens Once a Warrant Is Issued?

Law Enforcement Attempts to Locate and Arrest the Individual

Once an arrest warrant is issued, law enforcement officers have the legal authority to take the named individual into custody. Depending on the severity of the charges, they may actively seek out the person at their home, workplace, or known locations. In some cases, law enforcement may wait until a routine traffic stop or other encounter to execute the warrant.

Entry Into Law Enforcement Databases

After a warrant is issued, it is entered into law enforcement databases such as the National Crime Information Center (NCIC) and state-level systems. This means that officers across different jurisdictions can access the warrant and act upon it if they encounter the individual.

Notification of the Individual

In some cases, an individual may be notified of the warrant through law enforcement, their attorney, or by checking online databases. If you suspect there is a warrant for your arrest, consulting with a criminal defense attorney is highly advisable before taking any action.

What Should You Do If a Warrant Is Issued Against You?

Do Not Ignore the Warrant

Ignoring a warrant will not make it go away; it only increases the likelihood of a sudden arrest and additional legal consequences. If you are aware of a warrant, taking proactive steps can lead to a better outcome.

Contact an Attorney Immediately

A criminal defense attorney can help you understand the nature of the warrant and your legal options. They may be able to arrange a voluntary surrender, negotiate bail conditions, or seek to have the warrant recalled in certain circumstances.

Prepare for Possible Arrest

If surrendering to authorities, it’s essential to be prepared. Have a plan for bail, notify your employer if necessary, and arrange for legal representation in advance. Turning yourself in voluntarily can sometimes be viewed favorably by the court.

What Happens After Arrest?

Booking Process

Once arrested, the individual is taken to a local jail or detention center for booking. This process includes:

• Recording personal information and fingerprints
• Taking a mugshot
• Searching for outstanding warrants
• Holding the individual in custody until they see a judge

Initial Court Appearance

Depending on the jurisdiction and severity of the offense, an initial court appearance (arraignment) is typically scheduled within 24-48 hours of arrest. During this hearing:

• The charges are formally presented
• The judge determines bail or release conditions
• The defendant is informed of their rights and legal options

Posting Bail and Release Options

If bail is set, the defendant can pay the amount required for release. In some cases, a bond may be arranged through a bail bondsman. If the charges are minor, the court may allow release on personal recognizance, meaning no bail is required.

Potential Legal Outcomes

After the warrant is executed and the defendant appears in court, several legal outcomes are possible:

• Case Dismissal: If the warrant was issued in error or there is insufficient evidence, the charges may be dropped.
• Plea Bargain: The defendant may negotiate a plea deal with the prosecution, potentially reducing penalties.
• Trial: If no plea agreement is reached, the case proceeds to trial, where guilt or innocence is determined.
• Sentencing: If convicted, the defendant faces penalties such as fines, probation, or jail time, depending on the offense.

Final Thoughts

Facing a warrant can be a daunting experience, but understanding the legal process can help you navigate the situation effectively. Seeking legal counsel as soon as possible is the best way to protect your rights and minimize potential consequences. If you or a loved one has a warrant issued against them, taking swift and informed action can make all the difference in the outcome of your case. Contact Hancock Law Firm today for a consultation.

Understanding Coercion in Criminal Cases

Being forced to commit a crime under the threat of harm is a frightening and complex situation. Coercion, or duress, can play a significant role in your defense if you were pressured into illegal actions. Navigating these cases takes a skilled defense attorney with a thorough understanding of the law and the ability to present strong evidence. Let’s explore coercion and what to do if you were coerced into committing a crime.

What Is Coercion or Duress?

Coercion, also known as duress, occurs when someone is compelled to commit a crime due to threats of serious harm or death. For this defense to apply, certain conditions must be met:

• Imminent Threat: The threat must have been immediate and unavoidable.
• Serious Harm: The harm you were threatened with must have been significant, such as physical injury or death.
• No Reasonable Escape: You had no other viable option but to commit the act.
• Lack of Willingness: You did not willingly participate in the crime but acted solely out of fear for your safety or the safety of others.

These elements are critical in establishing a coercion defense. Without them, it can be challenging to prove you acted under duress.

Common Scenarios of Coercion

While coercion can occur in many contexts, some common scenarios include:

• Being forced to transport or sell drugs under threats of violence.
• Committing theft because someone threatened to harm you or your family.
• Participating in a robbery or other criminal act while under duress from a dangerous individual or group.

If you find yourself in one of these situations, explaining the circumstances fully to your attorney so they can build a compelling defense is essential.

How Does Coercion Affect a Criminal Case?

Coercion can serve as a defense in many criminal cases, but it doesn’t automatically absolve you of responsibility. Instead, it provides context for your actions and may lead to:

• Case Dismissal: If the court accepts the coercion defense, charges may be dropped.
• Reduced Charges: In some cases, the prosecution may agree to lessen the charges based on the circumstances.
• Trial Defense: If the case goes to trial, coercion can be presented as a defense to the jury.

However, proving coercion is not easy. It requires presenting clear evidence of the threats you faced and demonstrating that your actions were involuntary.

Evidence Needed to Prove Coercion

Your defense must provide strong evidence to establish that you were coerced into committing a crime. This can include:

• Testimony: Your account of what happened, including details of the threats against you.
• Witness Statements: Testimony from individuals who saw or heard the threats or can corroborate your story.
• Physical Evidence: Documentation, such as text messages, emails, or injuries, that supports your claim.
• Expert Testimony: In some cases, psychological evaluations may be used to show the impact of the coercion on your decision-making.

Building this evidence requires a skilled attorney to gather and present the necessary proof.

What to Do If You Were Coerced Into a Crime

If you were forced into illegal activity, it’s crucial to take the proper steps to protect yourself:

1. Contact an Attorney Immediately: A knowledgeable defense attorney can help you navigate the legal process and build a strong coercion defense.
2. Document Everything: Write down what happened, including details of the threats, who made them, and when they occurred.
3. Preserve Evidence: Save any physical evidence, such as threatening messages or photos of injuries.
4. Avoid Discussing Your Case: Don’t discuss the situation with anyone except your attorney, as your statements could be used against you.

Taking these steps early can make a significant difference in your case’s outcome.

How We Can Help You

At Hancock Law Firm, we understand how terrifying it is to be forced into a criminal situation. Our experience in Carteret County gives us a deep understanding of local courts and laws, allowing us to advocate effectively for our clients. 

When you work with us, you’ll have a dedicated partner by your side every step of the way. Let us stand by your side and help you take the next steps toward justice. Contact us today to get started.