Category: Criminal Defense

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!

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!

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!

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!

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.

It is very common for employers to use criminal background checks before hiring employees. That is certainly the case here in Carteret County, North Carolina. However, unless you work in human resources or law enforcement or are a criminal defense attorney, you’ve probably never seen what a criminal background check looks like. As a result, you’re probably curious about the information a prospective employer may be finding out about you. In addition, both North Carolina and Federal law put restrictions on how and under what circumstances a criminal background check may be used. Let’s take a closer look at criminal background checks so you can get a better idea of the information employers are receiving about their job applicants.

What information is contained in a criminal background check?

The information contained in a criminal background check can be pretty broad. First, it will list any information on arrests and convictions in your home state, in this case, North Carolina. It will include felonies and misdemeanors, any pending charges, and the dispositions of these cases. This will be broken down further to show the counties where the charges originated. In addition, it will contain any information on federal criminal cases involving the applicant. This will also include felony and misdemeanor convictions, pending charges, and records of arrest.

In some cases, a prospective employer may go further to conduct a nationwide search. This will include any convictions, arrests, dispositions, and pending charges against the applicant in all states, counties, and municipalities across America. This is the most comprehensive type of background check available.

A final area that will appear in most criminal background checks is whether the person is on any sex offender registry. This is the type of information that is needed for someone running a business that involves young children or other sensitive areas. Needless to say, the last thing someone running a daycare center wants is to inadvertently employ a person who is listed on a local or national sex offender registry.

What information will not appear in a criminal background check?

There are two specific areas that are specifically excluded from criminal background checks in North Carolina. The first is expunged criminal history. Under certain circumstances, a person is entitled to have some or all of their arrests, charges, and convictions deleted from the state or country records. The law surrounding this is often very specific and tied to either the nature of the alleged crime or the passage of time since the last conviction. While these records are still available to courts and prosecutors, they are not shared with individuals or businesses as part of a criminal background check.

The second area is juvenile records. In North Carolina, these records are sealed upon the person reaching the age of maturity. Just like expunged records, sealed juvenile records are not available to the public, and are only able to be accessed by the courts and prosecutors.

How can this information be used?

Some employers in North Carolina are actually required to perform criminal background checks before making a hiring decision. This includes jobs that involve mental health, disability, and substance abuse services. Conversely, if an applicant for a job has a sealed juvenile or expunged arrest or conviction, he or she is not required to disclose this when seeking a job. If a person is seeking a license for employment in North Carolina, the licensing board can only use the criminal record within certain criteria that looks at things like the seriousness of the crime, the length of time since it was committed, and any relationship between the crime and the license that is being applied for. Similar criteria apply to most jobs with North Carolina state agencies.

There are federal and state protections for job applicants who may have a criminal record. Title VII of the Civil Rights Act of 1964 provides some protections for people with criminal records. Similarly, job applicants have rights under North Carolina and federal laws for misused criminal background checks, and ones that contain inaccurate information.

Call Hancock Law Firm If You Need Criminal Defense Assistance

A criminal conviction can be a lifelong burden. If you or a loved one is facing criminal prosecution or has been the victim of the misuse of criminal background checks, book an appointment with our experienced criminal defense attorney at the Hancock Law Firm to discuss how we can help you with your situation.

If you have been accused of violating a restraining order, it’s important that you take such accusations very seriously. Doing so is a criminal offense and if found guilty, you could end up facing serious penalties, including jail time. Here’s what happens if you violate a restraining order in North Carolina. 

What Is a Restraining Order?

A restraining order, legally known as a domestic violence protection order (DVPO), may include several protections required of you, such as:

• Ordering you to provide support for a spouse or minor children;
• Prohibiting you from purchasing a firearm for a period of time;
• Giving the victim possession of the household and shared personal property (and ordering your eviction);
• Ordering you to complete an approved treatment program;
• Ordering you to provide the victim (if they are your spouse) and your children with suitable housing; and/or

In addition to requiring you to do certain things, a protective order may also require you to refrain from certain conduct, such as:

• Contacting the victim, whether directly or indirectly;
• Harassing the victim by phone or email;
• Harassing the victim by showing up at their home or place of work;
• Following, threatening, or abusing the victim; 
• Abusing a pet; and/or
• Interfering with the victim in another manner.  

Ex Parte Emergency Order

Another type of restraining order is called an ex parte, commonly referred to as an emergency order. This order may be granted in instances in which there is an immediate threat of harm (and the process for receiving a standard DVPO would take too long). With an ex parte order, the court provides the victim(s) with protection prior to the approval of a standard DVPO.

An ex parte DVPO may require that you:

• Stay away from your children;
• Leave your residence;
• Surrender any firearms, ammunition, and/or gun permits; and/or
• Surrender possession of your motor vehicle. 

Penalties for Violating a Protective Order in North Carolina

If you are believed to have violated a protective order, you can be arrested immediately. The penalties you will face will be dependent upon what part of the order you are accused of violating:

• Knowingly violating a protective order but not committing another crime is a Class A1 misdemeanor, which can result in up to 150 days in prison. 
• If you have prior convictions for violating a DVPO, you may be found guilty of a Class H felony, which can result in up to 39 months in prison, court fees, probation, and attorneys fees. 
• If you possess, receive, or purchase a firearm, ammunition, or related permits, you can be found guilty of a Class H felony. 
• If you fail to stay away from a place or person (as required by the order) while in the possession of a deadly weapon, you can be found guilty of a Class H felony. 

Defending Yourself

Just because you have been charged with violating a restraining order, it doesn’t mean that you are guilty. You have the right to defend yourself against such accusations. Defenses may include the following:

• You did not knowingly violate the order;
• The order expired and was not renewed;
• The victim falsely accused you of violating the order; and/or
• You did not receive notice of the order. 

With such serious consequences at stake, it’s in your best interest to consult with a qualified North Carolina criminal defense attorney. 

Hancock Law Firm, PLLC Helps Those in North Carolina who Have Been Accused of Violating a Restraining Order

If you have been accused of violating a restraining order, it can be a scary time. However, it’s important to understand that you still have rights. Your best bet for defending yourself 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!

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!