Criminal Defense Archives - Hancock Law Firm

Mitigating Factors for Larceny in NC

Posted on May 15, 2023

North Carolina defines theft, or “larceny,” as the wrongful taking and carrying away of another person’s property without their consent and with the intent to permanently deprive the owner of that property. There are many different types of larceny, including:

Receiving stolen goods – the act of knowingly buying or receiving a property that is stolen.
Obtaining property by false pretenses – the theft of property by deceit or fraud.
Shoplifting – the theft of goods or services from a store.
Embezzlement – the theft of property or money by someone who was entrusted with it. This most commonly occurs with employees of a business.

Types of Larceny

There are two types of larceny under North Carolina state law: 1) misdemeanor larceny; and 2) felony larceny. Larceny is considered a misdemeanor when the property that has been taken has a value of less than $1,000. This is a Class 1 misdemeanor and can result in a punishment of up to 120 days in jail. Alternatively, felony larceny involves the taking of property that is valued at more than $1,000. Felony larceny is considered a Class H felony and is punishable by up to 25 months in prison.

It should be noted that the specific penalties associated with theft in North Carolina will depend upon the particular facts and circumstances of the case.

Mitigating Factors

Even in cases in which the theft of property is not contested, there may still be mitigating factors when it comes to the penalty. Common questions surrounding mitigation:

How old the defendant is and what their mental capacity is (e.g., a minor child who lacks decision-making abilities, who picked something up may be a mitigating factor).
Whether the defendant intended to steal the property (e.g., the defendant put their coat down and accidentally picked up someone else’s may be a mitigating factor).
Whether the defendant has a prior criminal record (if no, may be a mitigating factor)
Whether the value of the property was relatively low (e.g., stealing a toothbrush vs. stealing a diamond).
Whether the defendant was threatened or coerced into committing the theft.
Whether the defendant tried to return the stolen property or offered to pay for it (restitution).

Since the facts and circumstances of each case of theft vary, any of these mitigating factors could possibly result in a reduced sentence.

It is important to note that each case is unique, and the presence or absence of these mitigating factors may not always result in a reduced sentence, but how you present your case and these factors can make a big difference. That’s where an attorney can help.

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

If you or a loved one has been charged with larceny, it can be a scary time. However, it’s essential to understand that you have rights. Your best bet for avoiding or mitigating punishment is with the help of a knowledgeable and experienced North Carolina criminal defense attorney who understands what you are up against and will fight on your behalf.

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

What to Do If Your Child Has Been Arrested for Shoplifting

Posted on May 8, 2023

Parenting isn’t easy and sometimes children make poor decisions that are out of our control. One call you never want to receive is from the police informing you that your child has been arrested for shoplifting. When receiving such a call it’s easy to feel panic, feeling that your child’s future is ruined. However, it’s important that you try to remain calm and take the necessary steps to protect your child’s best interest, working towards the best possible outcome.

In North Carolina, the crime of shoplifting occurs when someone takes property without the owner’s consent with the intent to permanently deprive them of their property. The state considers it a type of larceny, or theft.

Types of Shoplifting

There are a few different types of shoplifting that your child may be charged with depending upon the specific circumstances of each case:

If your child was caught with the goods while still in the store, they can be charged with concealment.
If your child was caught with the goods after leaving the store, they can be arrested for larceny. Once someone leaves the store with the goods, it is considered to be a more serious crime.
If the value of the merchandise that your child steals is under $1,000, their shoplifting will be charged as a Class 1 misdemeanor.
If the value of the merchandise your child steals is over $1,000, their shoplifting will be charged as a Class H felony.

Juvenile v. Adult

If your child is under the age of 18, they will most likely be charged as a juvenile. This means that their case will be decided in juvenile court. Even if your child has committed shoplifting, which is considered a criminal offense as an adult, they would not be charged with a crime. Rather, their behavior would be considered delinquent and instead of a trial they would go through court proceedings known as an adjudication hearing.

After your child has been arrested, they are still entitled to their rights. Such rights include:

The right not to be questioned by the police without an attorney present
The right to have a parent with them while being interrogated.
Only being searched if the police have probable cause.
The right to remain silent. This is extremely important so that they do not say anything that can later be used against them.
The right to know which crimes they are being accused of.
The right to an attorney for their juvenile court proceedings. This also includes a public defender should they not be able to afford an attorney.

Possible Penalties

Since children are young and their brains aren’t yet fully developed, the goal of the juvenile court system is to rehabilitate them and their behavior. It’s not to punish them. If your child is found guilty of shoplifting, there are different penalties that they may face. These include:

Being released to their parents – If this is your child’s first time committing a crime, the judge may choose just to give them a firm warning about their behavior.
Having to pay a fine – You may have to pay a fine on behalf of your child by a set date.
Counseling – Your child may be ordered to attend counseling.
Community Service – Your child may be ordered to perform a certain number of hours of community service.
Restitution – Your child may be ordered to pay restitution to the owner of the property they stole for its value.
Probation – Your child may be placed on probation. This is more common if they were charged with shoplifting as a felony.

Hancock Law Firm, PLLC Helps Those in North Carolina Whose Child Has Been Arrested

If your child has been arrested it can be a scary time. However, it’s essential to understand that your child still has rights. Your best bet for helping your child 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 your child fight this charge. To learn more or to schedule a free consultation, contact us today!

What Happens if You Violate Your Probation in North Carolina?

Posted on April 15, 2023

When you are convicted of a crime, one punishment that you may receive is probation. Sometimes probation occurs after you have completed your jail sentence, and sometimes it occurs instead of a jail sentence. When you are on probation you must follow certain conditions. If you willfully fail to do so, you can face serious consequences.

The punishment that you will receive for violating your probation is dependent upon several factors, such as the nature of the initial crime that you committed, the terms of your probation, your criminal record, and the severity of the violation you have committed. Punishment for violating your probation can include a fine, stricter terms or extended duration of your probation, or even a jail sentence.

In North Carolina, there are two types of probation: supervised and unsupervised.

Supervised Probation

When someone is placed on supervised probation, they are exactly as the name implies: supervised by someone. The court assigns a probation officer who will regularly check in with you and monitor your behavior to ensure that you are in compliance with the specific conditions of your probation. Since you are supervised by a probation officer, you must receive permission from the court in order to travel outside of the state. Additionally, you will be subject to warrantless searches and seizures in order to check for drugs and contraband. As part of your probation, you may be required to perform community service and you will be responsible for any fees related to your probation.

Unsupervised Probation

Again, just as it sounds, unsupervised probation means that the court will not assign you a probation officer. Rather, the judge will require that you pay any court fees and restitution. Even without supervision, you must adhere to the conditions of your probation. Unsupervised probation often includes community service.

Common Probation Violations

The terms of every person’s probation are going to be different since they are based on the aforementioned individual factors. However, there are some common ways in which people tend to violate their probation. These include:

Committing another crime (being convicted; not just being charged)
Visiting places or people that you have been ordered to avoid
Not remaining employed
Failing to complete court-ordered community service
Missing appointments with your probation officer
Missing court hearings
Failing to pay restitution
Failing to pay fees related to your probation
Absconding (you have disappeared or made it very difficult to find you)

Hancock Law Firm, PLLC Helps Those in North Carolina Who Have Been Accused of Violating their Probation

If you have been arrested for violating your probation, 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. However, time is of the essence, which is why it’s best to contact a qualified 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 to fight this charge. To learn more or to schedule a free consultation, contact us today!

Who Is Considered a ‘Habitual Offender’ in North Carolina?

Posted on April 8, 2023

When you commit a crime, you should be held accountable for it. But when you commit another crime, the penalties may become more serious. This is the premise for habitual offender laws, also known as “three-strike” laws. These laws impose more penalties on those who are convicted of committing multiple crimes.

In North Carolina, someone is considered a habitual offender if they have been convicted of three felony crimes. The severity of the penalties is dependent upon the nature of each crime (violent versus non-violent) and gets more serious with every conviction.

Under North Carolina’s “habitual felon law,” anyone “who has been convicted of or pled guilty to three felony offenses in any federal court or state court in the United States or a combination thereof is declared to be a habitual felony and may be charged as a status offender…”

What Is a Felony Offense Under the Statute?

For the purposes of its habitual felon law, North Carolina defines a felony offense as:

An offense that is a felony under the laws of this State.
An offense that is a felony under the laws of another state or sovereign that is substantially similar to an offense that is a felony in North Carolina, and to which a plea of guilty was entered, or a conviction was returned regardless of the sentence actually imposed.
An offense that is a crime under the laws of another state or sovereign that does not classify any crimes as felonies if all of the following apply:
The offense is substantially similar to an offense that is a felony in North Carolina.
The offense may be punishable by imprisonment for more than a year in state prison.
A plea of guilty was entered or a conviction was returned regardless of the sentence actually imposed.
An offense that is a felony under federal law. Provided, however, that federal offenses relating to the manufacture, possession, sale, and kindred offenses involving intoxicating liquors shall not be considered felonies for the purposes of this Article.

Sentencing

If someone is sentenced under the habitual felon law, he or she will receive a sentence much higher in class than the original felony for which they were convicted. However, the class of their sentence will not be any higher than a Class C felony, which carries a punishment of up to 231 months in prison.

The exception for this is anyone who has been convicted of multiple felonies prior to their 18th birthday. Any of the felonies committed prior are treated as a single felony for purposes of North Carolina’s habitual felon law.

Habitual offender laws apply differently in every situation, which can make matters complicated.

Hancock Law Firm, PLLC Helps Those in North Carolina Who Have Been Convicted of Multiple Felonies

If you have been convicted of multiple felonies and are facing punishment under the habitual offender law, you may have options. You have the right to offer evidence to mitigate your sentence. 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 learn more or to schedule a free consultation, contact us today!

Can You Refuse to Let an Officer Search Your Vehicle?

Posted on March 14, 2023

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

When Can You Refuse?

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

Your consent
A warrant
Probable cause

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

What is “Probable Cause?”

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

What if an Officer Has Probable Cause?

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

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

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

What Constitutes Stalking in North Carolina?

Posted on March 7, 2023

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

What is Stalking?

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

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

A Pattern of Behavior

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

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

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

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

What is Cyberstalking?

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

Potential Defenses to Stalking

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

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

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

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

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

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!