house in nc

What is the Castle Law in NC?

Your home is your sanctuary, a place where you should feel safe and protected. However, if faced with an intruder or threat to your safety within the confines of your own home, you may wonder what legal recourse you have to protect yourself and your loved ones. In North Carolina, the Castle Doctrine, also known as the Castle Law, provides legal protection for individuals who use force, including deadly force, to defend their homes.

What is the Castle Law?

The Castle Doctrine is a legal concept that allows individuals to use force, including lethal force, to defend their homes from intruders or threats of violence without fear of prosecution or civil liability. The name “Castle Doctrine” is derived from the saying “a man’s home is his castle,” emphasizing the fundamental right of individuals to protect their homes and families from harm.

Key Provisions of the Castle Law in North Carolina

In North Carolina, the Castle Doctrine is codified under state law and provides specific legal protections for homeowners. Here are some key provisions of the Castle Law in North Carolina:

  • No Duty to Retreat: Under the Castle Doctrine, individuals have no duty to retreat from their homes before using force, including deadly force, against an intruder. This means that homeowners are not required to attempt to flee or retreat from a threat before defending themselves within the confines of their own home.
  • Presumption of Reasonableness: If a homeowner uses force, including deadly force, against an intruder in their home, there is a legal presumption that their actions were reasonable and justified. This presumption places the burden on the prosecution to prove that the homeowner’s use of force was unreasonable under the circumstances.
  • Protection from Civil Liability: In addition to criminal immunity, the Castle Law also provides protection from civil liability for homeowners who use force to defend their homes. This means that homeowners cannot be sued for damages by intruders or their families if force was used lawfully and in self-defense.
  • Scope of Protection: The Castle Doctrine applies not only to the interior of the home but also to other areas considered part of the “castle,” such as attached garages, porches, and curtilage (the area immediately surrounding the home).

When Does the Castle Doctrine Apply?

The Castle Doctrine applies in situations where a homeowner reasonably believes that the use of force, including deadly force, is necessary to prevent imminent death, serious bodily harm, or a forcible felony. However, it’s essential to understand that the Castle Doctrine does not give homeowners carte blanche to use lethal force indiscriminately. The use of force must be proportionate to the threat faced and reasonable under the circumstances.

The Attorneys at Hancock Law Firm, PLLC Help Those in North Carolina Who Have Employed Self-Defense

While the Castle Doctrine provides valuable legal protections for homeowners in North Carolina, navigating the complexities of self-defense laws can be challenging. If you have questions about your rights under the Castle Law or if you’ve been involved in a situation where force was used in self-defense, it’s crucial to seek legal guidance from an experienced attorney.

At Hancock Law Firm, PLLC, our criminal defense lawyers 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!

Red and blue police lights near a car crash in a city at night.

What is Justified Homicide in North Carolina?

In North Carolina, as in many other states, the law allows individuals to defend themselves and others in certain situations where deadly force is deemed necessary. This legal concept is known as justified homicide or self-defense. However, understanding when and how justified homicide applies is crucial to avoiding legal repercussions and ensuring justice is served. Here’s what to know about justified homicide in North Carolina.

Understanding Justified Homicide

Justified homicide, also referred to as self-defense, is a legal defense that can be invoked when a person uses deadly force to protect themselves or others from imminent harm. North Carolina law recognizes the fundamental right of individuals to defend themselves and others from unlawful aggression.

Stand Your Ground Law

North Carolina follows a “stand your ground” law, which means individuals are not required to retreat from a threat before using deadly force if they reasonably believe it is necessary to prevent death, serious bodily harm, or a forcible felony. This law allows individuals to defend themselves in places where they have a lawful right to be without fear of prosecution.

Castle Doctrine

In addition to the stand your ground law, North Carolina also has a castle doctrine, which applies specifically to self-defense within one’s own home, vehicle, or workplace. Under the castle doctrine, individuals have no duty to retreat and may use deadly force against intruders if they reasonably believe it is necessary to prevent imminent death, serious bodily harm, or a forcible felony.

Requirements for Justified Homicide

For a homicide to be considered justified under North Carolina law, certain criteria must be met:

  1. Imminent Threat: The threat of death, serious bodily harm, or a forcible felony must be imminent and unavoidable. In other words, there must be an immediate danger that cannot be reasonably avoided or defused by other means.
  1. Reasonable Belief: The person using deadly force must have a reasonable belief that such force is necessary to protect themselves or others from the imminent threat. This belief is assessed based on what a reasonable person in the same situation would perceive.
  1. Proportionality: The level of force used must be proportionate to the threat faced. Deadly force should only be used when there is no reasonable alternative and when lesser means of defense would be insufficient to stop the threat.

Legal Consequences

If a homicide is deemed justified under North Carolina law, the person who used deadly force is not subject to criminal prosecution or civil liability for their actions. However, it’s essential to understand that each case is unique, and the determination of whether a homicide is justified depends on the specific facts and circumstances surrounding the incident.

The Attorneys at Hancock Law Firm, PLLC Help Those in North Carolina Who Have Employed Self-Defense

If you have been involved in a situation where deadly force was used in self-defense or defense of others, it’s crucial to seek legal guidance from an experienced attorney familiar with North Carolina’s self-defense laws. A skilled attorney can help you understand your rights, navigate the legal process, and ensure that your actions are properly justified under the law.

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 with a criminal defense attorney, contact us today!

Retail Shoplifting. Man Stealing In Supermarket. Theft At Shop

What Are the Differences Among Theft, Robbery & Burglary in North Carolina?

In North Carolina, criminal offenses related to property and personal belongings are classified into distinct categories, each carrying its own set of legal implications. Understanding the differences among theft, robbery, and burglary is essential for both legal practitioners and the general public. Here are the elements that define each offense and the potential consequences individuals may face.

Theft

Theft, also known as larceny, is the unlawful taking of someone else’s property with the intent to permanently deprive them of it. In North Carolina, theft can be categorized based on the value of the stolen property, ranging from misdemeanor larceny for lower-value items to felony larceny for more valuable possessions.

Robbery

Robbery involves the use of force, threats, or intimidation to take property from another person. The key element that differentiates robbery from theft is the direct confrontation with the victim. The use of force or the threat of harm elevates the offense to a more serious criminal act.

Burglary

Burglary is the unauthorized entry into a building or dwelling with the intent to commit a crime, typically theft, inside. It’s important to note that actual theft or any other criminal act need not occur for an act to be considered burglary; the intent to commit a crime upon entry is sufficient.

Degrees of Offenses

In North Carolina, theft offenses are classified into degrees based on the value of the stolen property, ranging from misdemeanor larceny in the third degree to felony larceny in the first degree. Robbery is generally considered a felony, and the severity of the charge may increase based on factors such as the use of weapons or injuries to the victim. Burglary is also typically classified as a felony.

Consequences and Penalties

The penalties for theft, robbery, and burglary vary based on the severity of the offense, the presence of aggravating factors, and the defendant’s criminal history. Misdemeanor larceny may result in less severe consequences compared to felony larceny, robbery, or burglary, which can lead to significant prison sentences.

Legal Defenses

Defending against charges of theft, robbery, or burglary often involves examining the circumstances surrounding the alleged offense. Legal defenses may include: 

  • Challenging the intent element
  • Questioning the identification of the defendant
  • Disputing the use of force in robbery cases

Whether facing charges or seeking to prevent victimization, awareness of these differences empowers individuals to make informed decisions and ensures that justice is served within the nuances of each criminal offense.

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

If you have been accused of a crime, how you handle the situation can impact the outcome. Your best bet for handling it the right way 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 learn more or to schedule a free consultation, contact us today!

Man in handcuffs

What Felonies Cannot be Expunged in NC?

A criminal record can get in the way of achieving many things. That’s why individuals with criminal records often explore the option of expungement, which can provide a fresh start and a chance to rebuild their lives. However, it’s important to understand that not all felonies are eligible for expungement. 

An expungement is the legal process of erasing or sealing a criminal record, allowing individuals to move forward without the stigma of their past transgressions. This can be lifechanging for those who have rehabilitated themselves and are eager to rejoin society as responsible, law-abiding citizens. Expungement can help restore privacy and provide opportunities that were previously denied due to one’s criminal history.

How Does Expungement Help?

Having your felony expunged from your record can help improve your life in many ways:

Privacy

One of the biggest reasons that people seek to expunge their felony record is to protect their privacy. Since criminal records can be accessed by the public, this means that everyone from potential landlords to future employers can see them. By expunging your record, your past will not prevent you from succeeding in your future.

Employment Opportunities 

A criminal record will undoubtedly influence potential employment. Many employers conduct background checks, which will look at your criminal past. If your background check reveals a felony, you will likely be disqualified from the pool of candidates – regardless of your skills or how much you’ve turned your life around. Expunging your record can afford you the opportunity to a fair chance of securing employment. 

Higher Education 

Some criminal convictions can even prevent individuals from certain scholarships, financial aid, or even admission to institutions. This makes it increasingly difficult for them to obtain higher education in the process of turning their life around. By expunging a criminal record, it reinstates the access to achieving educational goals. 

Reputation

One of the biggest things impacted by a criminal record is your reputation. There is no price that can be placed on your reputation, and it can be easily tarnished. By expunging a criminal record, you can improve your reputation and be judged on what you are and will do, not on the mistakes that you have made in the past. 

Which Felonies Can’t Be Expunged?

Although expungement can be lifechanging, there are certain felonies that North Carolina will not allow to be expunged. These felonies include:

  • First-degree murder
  • Certain sex offenses
  • Violent crimes

These are generally ineligible for expungement. 

There’s no doubt that expungement in North Carolina provides individuals with the opportunity to start over, take back their reputation, and establish personal privacy. This in turn allows them to obtain higher education, more jobs, and improved housing. 

The Attorneys at Hancock Law Firm, PLLC Help Those in North Carolina Who Wish to Have Their Criminal Record Expunged

If you have been convicted of a felony in the past, but wish to have your record expunged, it’s important to speak with a knowledgeable and experienced criminal defense lawyer as soon as possible. He or she understands criminal law and can help to move you in a positive direction. Your past choices don’t have to define your future.

At Hancock Law Firm, PLLC, our felony defense attorneys fully understand the significance of expungement and will do everything that we can to help you obtain it. To learn more or to schedule a free consultation, contact us today!

middle-aged woman is emotionally talking on the phone

How to Know If You Have a Warrant in NC

If you suspect there may be a warrant for your arrest, you may feel paralyzed with anxiety. But if you find yourself in this situation, there are things that you can do. Understanding the steps to determine if a North Carolina warrant exists and understanding the implications of it are essential for those seeking clarity during the initial stages of the legal process.

Determining Your Legal Status

There are a couple of different ways to determine your legal status in North Carolina:

Contact Law Enforcement

If you suspect a warrant exists, reaching out to local law enforcement is a straightforward way to inquire about your legal status. Be prepared to provide your personal information, such as your full name and date of birth, to facilitate the search.

Check Online Databases

Many jurisdictions, including North Carolina, have online databases that allow individuals to search for active warrants. These platforms can provide a quick overview of your legal status, but it’s very important that you approach them with accurate information to ensure reliable results.

Understanding the Implications

An arrest warrant is a legal document issued by a judge authorizing law enforcement to apprehend an individual suspected of committing a crime. Understanding the gravity of this document is essential, as it signifies formal charges and the initiation of legal proceedings.

If you discover that a warrant exists for your arrest, seeking the guidance of a criminal defense attorney is crucial. An experienced attorney can assess the situation, explain the charges against you, and provide advice on the best course of action.

Turning Yourself In

In some cases, individuals with active warrants may choose to turn themselves in. This proactive approach can demonstrate cooperation with the legal process and may influence how the case unfolds.

Understanding criminal law and your rights is essential when facing charges. A criminal defense lawyer can provide the necessary expertise to navigate the legal complexities, build a robust defense, and work towards the best possible outcome.

Knowledge is key. By taking proactive steps to determine your legal status and seeking professional legal counsel, you can gain a clearer understanding of the situation and make informed decisions about the next steps in your legal journey. Remember, early intervention and the assistance of a criminal defense attorney can play a pivotal role in shaping the outcome of your case.

The Attorneys at Hancock Law Firm, PLLC Help Those in North Carolina Who Have a Warrant for their Arrest

If you have a warrant for your arrest, how you handle the situation can impact the outcome. Your best bet for handling it the right way 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 learn more or to schedule a free consultation, contact us today!

criminal defense lawyer

Top Situations that Necessitate a Criminal Defense Lawyer

When facing criminal charges, understanding the law is crucial to ensuring the protection of your rights. In many situations, the expertise of an experienced criminal defense attorney is of the utmost importance, making all the difference in the outcome of the case. Here are some of the top situations that warrant the hiring of a criminal defense lawyer.

1. If You Are Arrested and Formally Charged with a Crime

Being arrested and facing formal criminal charges is an immediate call for legal assistance. A skilled criminal defense attorney can guide you through the legal process, explaining your rights, and formulating a defense strategy tailored to your specific situation.

2. When Multiple Parties Are Involved

In cases where multiple parties are implicated, such as conspiracy charges or co-defendant situations, a criminal defense attorney becomes crucial. They can help work through the complexities of joint defense strategies.

3. During the Investigation Phase

During the investigation phase, law enforcement may contact you for questioning. It is essential to have legal representation during interactions with the police to protect your rights and prevent self-incrimination. A criminal defense attorney’s understanding of law enforcement procedures becomes invaluable in these situations.

4. For Juvenile Offenses

When a minor is involved in criminal activities, having a criminal defense attorney with expertise in juvenile law is key. They can advocate for alternative resolutions and work towards mitigating the potential long-term consequences for the minor.

5. When the Case Involves a Drug Offense

Cases involving drug offenses often carry significant consequences and entail intricate legal nuances. A criminal defense attorney with expertise in drug laws can challenge evidence, question search and seizure procedures, and explore potential defenses tailored to drug-related charges.

6. When There Are Domestic Violence Charges

Domestic violence charges can have severe consequences on both one’s personal and professional life. They can also be difficult to disprove. A criminal defense attorney specializing in domestic violence cases can provide strategic defense, protect your rights, and advocate for fair outcomes.

7. For Appeals and Post-Conviction Relief

If you have been convicted, a criminal defense attorney can assist in filing appeals or seeking post-conviction relief. Their expertise can be instrumental in presenting compelling arguments to challenge the conviction or secure a more favorable outcome.

The decision to hire a criminal defense attorney is a critical step in protecting your rights and navigating the complexities of the legal system. In situations involving multiple parties or when facing criminal charges, their understanding of both the law and law enforcement procedures becomes invaluable. By consulting with a knowledgeable and experienced criminal defense lawyer, you can ensure that your interests are protected and that you receive a fair and just resolution to your case.

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

If you have been charged with a crime, 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 criminal law 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 to assist with your criminal defense. 

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!

Ask the Attorney: What is the Difference Between Being Under Arrest and Detained for Questioning?

Navigating legal matters can be confusing, especially when it involves knowing your rights during encounters with the police. One thing that commonly confuses people is figuring out the difference between being fully arrested and just being held by the police for questioning. Although both situations mean you’re not free to go, they’re actually quite different when it comes to your rights and what might happen next. 

In this blog post, we’ll provide some helpful insights into these differences and give you a heads-up on what to expect in each situation.

What’s the nature of the encounter?

When you are under arrest, law enforcement officers have formally taken you into custody. This means you are not free to leave, and you will likely be handcuffed or restrained in some way. An arrest indicates that the authorities believe they have enough evidence to charge you with a crime.

Being detained for questioning is a less severe situation. It usually involves the temporary restriction of your freedom while law enforcement officers ask you questions to gather information or clarify details about an incident. You may not be handcuffed during a detention, and it is not an official arrest.

How long will the encounter take?

An arrest is usually more extended and can potentially lead to an extended period of custody. After an arrest, you will be taken to a police station or holding facility.

Detentions are usually shorter in duration. They are intended to allow law enforcement officers to gather information quickly. Once the questions are answered, you may be released.

Will you be read your Miranda rights?

When you are placed under arrest, law enforcement officers are required to read you your Miranda rights. These rights include the right to remain silent and the right to an attorney. Anything you say after being arrested can be used against you in court.

During detention, law enforcement may or may not read you your Miranda rights, depending on the circumstances. If you are not read your rights, anything you say during the detention might not be admissible in court.

What can be searched and seized?

When you are under arrest, law enforcement officers have more authority to search your person and belongings, usually after obtaining a search warrant or if there is probable cause.

In a detention, the scope of a search is generally limited to ensuring the safety of the officers and others. A full search typically requires a separate search warrant or consent.

How should you conduct yourself?

If you are under arrest, it is generally recommended that you remain silent and request an attorney. It’s important that you cooperate with law enforcement, but do not provide any information unless it is required by law. You don’t want to say anything that could be used against you. 

While detained, you may answer questions, but you are not obligated to do so. You should remain cooperative and respectful but remember that you have the right to remain silent.

Understanding the difference between being under arrest and being detained for questioning is key to protecting your rights and making informed decisions when encountering law enforcement. In both situations, it’s vital that you remain calm, respectful, and cooperative. However, knowing your rights and the distinctions between these two scenarios can help you navigate legal encounters carefully and effectively.

If you are unsure about your legal status during an encounter with law enforcement, it is always a good idea to consult with an attorney. An attorney can provide guidance for your specific situation and ensure that your rights are protected.

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

If you have been accused of a crime, you may have options. It’s imperative that you follow what you are asked to do. You have the right to defend yourself but 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 criminal defense lawyer 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 the charges against you. To learn more or to schedule a free consultation, contact us today!

bail

Bail Jumping: NC Law Explained

When you have been accused of a crime, it’s important to remain respectful of law enforcement and follow the instructions given to you by the court. When a defendant has been released on bail there are certain requirements to which he or she must adhere. Here’s what to know about bail jumping in North Carolina. 

What is bail?

In order to understand bail jumping, you must first understand the concept of bail. Bail is a legal process that enables an individual who has been accused of a crime to be released from custody pending their trial. The court establishes an amount of money and/or conditions that must be met in order for the defendant to be released. Bail is meant to ensure that the defendant will show up for their court appearances. 

What Is Bail Jumping?

Bail jumping occurs when a defendant who has been released on bail, neglects to attend court for their designated trial or other obligatory proceedings. This constitutes a breach of the terms and conditions of their bail agreement. The consequences of bail jumping are substantial and have a significant influence on the ultimate outcome of the defendant’s legal case.

The Consequences of Bail Jumping in NC

North Carolina takes criminal law and any violations of it very seriously. This includes bail jumping. There are many potential consequences for a defendant’s failure to appear for trial after being released on bail. Such consequences include:

  • Forfeiture of Bail: The court may forfeit the bail amount or collateral that was posted to secure the defendant’s release. This means that the money or property used for bail will not be returned.
  • Bench Warrant: A bench warrant is generally issued for the defendant’s arrest when they fail to appear. Therefore, law enforcement can arrest the defendant and bring them back to court.
  • Additional Criminal Charges: Bail jumping can also lead to more criminal charges, including contempt of court or bail jumping charges, which may carry their own penalties.
  • Difficulty Securing Future Bail: Defendants who bail jump may have a more difficult time securing bail in future cases because courts may view them as flight risks.
  • Extradition: In some cases, if a defendant jumps bail and leaves the state, extradition proceedings may be initiated to bring them back to face their original charges.

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

If you have been accused of a crime, you may have options. It’s imperative that you follow what you are asked to do. You have the right to defend yourself but 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 criminal defense lawyer 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 the charges against you. To learn more or to schedule a free consultation, contact us today!

man filling out job application

What to Include in a Job Application When You Have a Criminal Record

After facing the consequences of a criminal conviction, you likely just want to move forward with your life. Unfortunately, your conviction often follows you. When you’re searching and applying for jobs, you may feel the desire to hide your past mistakes in fear that your conviction will prevent you from obtaining employment. However, it’s extremely important that you are very honest during the application process. Here’s what to know about what you should include on a job application when you have a criminal record.

1. Be Honest

It may seem to be beneficial to leave your conviction off of your job application, but most employers conduct background checks. This means that even if an employer really likes you, when they run the background check and see a discrepancy, they may no longer be interested in hiring you for your dishonesty alone. Lying or withholding this information can seriously hurt your credibility.

2. Lead with Your Qualifications

While it’s important not to lie on your job application, it’s even more important to draw attention to positive attributes, such as your skills, experience, and qualifications as they relate to the job in question. Focus on how your experience and abilities align with job requirements and highlight how this can bring value to the business.

3. Proactively Address Your Past

The way in which you address your criminal record on your job application is key. Rather than going into great detail on your application, be proactive and put together a thoughtful statement owning up to your past and framing it in a manner that expresses how much you have grown since then. You also want to drive home that the mistakes that you have made in your life do not define who you are or what you are capable of.

4. Prepare Your Answers

North Carolina has “ban-the-box” laws, which prohibit employers from asking potential employees about their criminal history on initial job applications. It’s important to understand that you do not have to disclose any expunged criminal history on a pre-employment screening questionnaire. Instead, you have the ability to demonstrate your character, your intelligence, and your value before you disclose your record. However, once you reach the interview phase, it’s possible that you may be asked about your criminal record. You should become familiar with how you will answer any related questions, including how you have moved forward.

5. Share Character References

In order to help prove who you truly are, it can be extremely beneficial to collect character references who can attest to who you are, your values, and how you aren’t your mistakes. This can greatly offset concerns about your convictions.

While it can be very stressful having to admit to your past wrongs, it’s important to remain honest throughout the job application process. Your honesty can go a long way.

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

If you have been charged with a crime, 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 criminal law and what you are up against and will fight on your behalf.

At Hancock Law Firm, PLLC, our criminal defense lawyers 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!

Ask the Attorney: What Happens After an Arrest Warrant is Issued?

With the issuance of an arrest warrant come many questions, such as: How soon will someone get arrested once an arrest warrant is issued? Will you be notified about the warrant? Can you be arrested anywhere? Here, our knowledgeable criminal defense attorney answers these common questions and more about the arrest warrant process.

Q: What allows law enforcement to issue an arrest warrant?

A: North Carolina law enforcement can issue an arrest warrant if there are reasonable grounds. This is legally known as probable cause. The police must have probable cause to believe that a crime is being committed and that a particular person who will receive the arrest warrant committed the crime. A government official or citizen must go before a judge and testify to specific facts under oath that allege that someone has committed a crime. The arrest warrant must specifically identify the person to be arrested and must be issued by a neutral party.

Q: How soon after the issuance of an arrest warrant will someone be arrested?

A: The length of time that it takes someone to be arrested after an arrest warrant is issued for them depends upon the specific facts and circumstances of each case. North Carolina does not outline a specific time frame by which someone must be arrested after this issuance. Generally, law enforcement will prioritize arrests for the most serious crimes. In other words, it would be more important to arrest someone who is convicted of murder than it would be for someone who failed to show up in court for a traffic ticket. The less serious an alleged crime is, the more of a delay there may be in arresting the individual. Common factors that influence how soon someone is arrested after the issuance of an arrest warrant include:

  • Nature of the offense
  • Resources of law enforcement
  • Suspect’s location
  • Voluntary surrender
  • Other special circumstances

Additionally, some people may decide to voluntarily turn themselves in immediately after learning of the warrant for their arrest or they may wait a few days.

Q: Will you be notified of an arrest warrant for you?

A: An attorney can learn from law enforcement whether a warrant has been issued for you. But if you don’t have an attorney, you likely won’t receive notice of the warrant’s issuance until you are actually arrested. If you were summoned to court and failed to show, it’s safe to assume that the judge has issued an order for your arrest. In such a case it’s best to consult with an attorney.

Q: How must an arrest warrant be served – can you be arrested anywhere?

A: Arrest warrants can be issued anywhere and allow police to enter the defendant’s home when necessary. However, the arresting officer is obligated to show the defendant the warrant in question. If the police officer does not have the warrant to show you, they must still inform the defendant of the warrant and the offense that they are charged with. If the defendant requests to see the warrant, law enforcement is obligated to show them the warrant as soon as possible.

Q: Can you clear up an arrest warrant?

A: There are only a few ways to proceed in clearing up an arrest warrant. These include the following:

  • The individual for whom the warrant is issued may turn themselves in so that they can be arrested and processed;
  • The warrant that has been issued can be recalled by a government official; or
  • The warrant can be invalidated if it can be proven that the warrant was obtained through false testimony.

Q: What should you do if you are facing a warrant for your arrest?

A: If there is a warrant issued for your arrest, you should speak with a qualified criminal defense attorney as soon as possible. He or she can help to protect your rights and mitigate the damage of an embarrassing unforeseen arrest. They can also help you to turn yourself in peacefully and can aid in your defense for low bail and quick release.

Hancock Law Firm, PLLC Helps Those in North Carolina for Whom an Arrest Warrant Has Been Issued

If an arrest warrant has been issued for you, you have the right to defend yourself. A knowledgeable and experienced North Carolina criminal defense lawyer understands how the process works and can help to fight on your behalf.

At Hancock Law Firm, PLLC, we recognize the importance of your case and are committed to assisting you in fighting the charges. If you would like to learn more about our services or schedule a free consultation, please don’t hesitate to reach out to us today.