Category: Criminal Defense

What To Say and Not To Say When Under Arrest

Posted on

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

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

What You Should Say When Under Arrest

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

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

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

What You Should Not Say When Under Arrest

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

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

Why Staying Silent Is Your Smartest Move

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

Talk to a North Carolina Criminal Defense Attorney Today

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

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

What Happens After A Warrant Is Issued?

Posted on

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

Types of Warrants

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

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

What Happens Once a Warrant Is Issued?

Law Enforcement Attempts to Locate and Arrest the Individual

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

Entry Into Law Enforcement Databases

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

Notification of the Individual

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

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

Do Not Ignore the Warrant

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

Contact an Attorney Immediately

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

Prepare for Possible Arrest

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

What Happens After Arrest?

Booking Process

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

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

Initial Court Appearance

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

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

Posting Bail and Release Options

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

Potential Legal Outcomes

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

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

Final Thoughts

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

Arrested man in handcuffs with hands behind back

I Committed a Crime, But I Did Not Have Any Criminal Intent

Posted on

Have you been arrested for a crime you had no intention of committing? If so, you’re probably wondering about what that could mean for the case against you. Here’s what you need to know.

The Role of Criminal Intent

The elements of most criminal offenses fall into two categories: criminal intent (mens rea) and criminal act (actus reus). Many crimes have a mens rea element to avoid prosecuting individuals who may have inadvertently committed an actus reus without any intent to commit a crime. For example, a person who inadvertently knocks someone over should not face prosecution for battery because they did not intend to offensively touch or injure that individual. Thus, criminal intent prevents individuals from facing prosecution for genuine accidents or incidents caused by ordinary carelessness. 

Different crimes may have different degrees of required criminal intent. Common types of criminal intent include:

  • Intentionally or willfully: A person acts intentionally or willfully when they design their conduct to commit the criminal act.
  • Knowingly: A person acts knowingly when they understand that their conduct will or likely will result in a criminal act, even if they do not specifically intend to commit a criminal act.
  • Recklessly or with gross negligence: A person acts recklessly when they consciously disregard a substantial risk that their conduct will result in a criminal act. 

Crimes Without Criminal Intent

Some crimes do not have a criminal intent element. The law considers such offenses as “strict liability” offenses. One example of a strict liability offense includes distributing or delivering drugs that result in a user’s death. Another example includes statutory rape, as a person can commit the offense regardless of their knowledge of the victim’s age or their intent to commit a criminal offense. Strict liability offenses include crimes legislators and the public consider so severe that criminal liability should attach regardless of the defendant’s intent. 

Legal Defenses to Crimes Committed without Intent

Common defense strategies used to argue a lack of criminal intent include:

  • Insufficiency of evidence of intent: A defendant may argue that the prosecution’s evidence fails to prove beyond a reasonable doubt that the defendant acted with the statutorily required intent. 
  • Mistake of fact: Defendants may assert that they made a mistake of fact that negates criminal intent. For example, a defendant may argue that they took an item they genuinely believed belonged to them. 
  • Entrapment: An entrapment defense alleges that law enforcement induced the defendant to commit a crime they otherwise had no intent to commit. 
  • Duress: A defendant may assert a duress defense, claiming they acted due to coercion or threats from others. 
  • Necessity: A necessity defense argues that a person committed something that would constitute a criminal act to prevent a greater crime or harm. 

Potential Legal Consequences and How to Respond

Even if you did not intend to commit a crime, you can still face legal consequences for criminal prosecution, depending on your charges. For example, charges for strict liability offenses will not involve any questions about your intent. When your charges have a mens rea element, prosecutors may seek to prove intent through circumstantial evidence that allows a jury to infer intent, such as acts after the crime that suggest a guilty conscience. 

When prosecutors charge you with a crime you did not intend to commit, steps you can take to protect your legal rights and options include:

  • Exercise your right to remain silent and decline to speak to the police or answer questions until you’ve spoken to a criminal defense attorney.
  • Refrain from actions suggesting a guilty conscience, such as hiding or destroying evidence or attempting to talk to alleged victims or witnesses. 
  • Contact a criminal defense lawyer as soon as possible to discuss potential defense strategies based on your lack of criminal intent. 

Contact a Criminal Defense Attorney Today

If you’ve been arrested for a crime you did not intend to commit, an experienced criminal defense lawyer can help you pursue a tailored legal strategy to secure a favorable resolution to your charges. Contact Hancock Law Firm today for a confidential consultation to discuss your legal options for defending yourself against your charges.

I Was Coerced Into Committing a Crime, What Now?

Posted on

Understanding Coercion in Criminal Cases

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

What Is Coercion or Duress?

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

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

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

Common Scenarios of Coercion

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

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

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

How Does Coercion Affect a Criminal Case?

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

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

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

Evidence Needed to Prove Coercion

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

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

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

What to Do If You Were Coerced Into a Crime

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

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

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

How We Can Help You

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

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

In a Police Station Arrested Drug Addict Teenage Posing for a Front View Mugshot. He is Heavily Bruised. Height Chart in the Background.

How a Criminal Defense Attorney Can Help in Underage Drinking Cases

Posted on

Underage drinking is a common yet serious offense that can lead to significant consequences for minors. Beyond the immediate legal penalties, an underage drinking conviction can impact a young person’s future in ways many don’t realize. A criminal record can have lasting effects, from college applications to job opportunities. If your child has been charged with underage drinking, a skilled criminal defense attorney can make a difference by protecting their rights, reducing penalties, and helping preserve their future.

Understanding Underage Drinking Laws

In North Carolina, anyone under 21 is prohibited from purchasing, possessing, or consuming alcohol. Even being in possession of an unopened container can lead to charges. Underage drinking laws are strictly enforced, and consequences can include:

  • Fines
  • Community service
  • Alcohol education programs
  • Potential jail time

More severe penalties can follow if the offense involves aggravating factors, such as:

  • Fake IDs
  • Public intoxication
  • Driving under the influence

The stakes are high, so having knowledgeable legal representation is essential.

How a Criminal Defense Attorney Can Help

Hiring an experienced criminal defense attorney at Hancock Law Firm offers several advantages if your child is facing an underage drinking charge:

Knowledge of the Juvenile Justice System

Our team understands the complexities of the law and the options available within the juvenile justice system. Unlike adults, minors are often eligible for alternatives to traditional sentencing, such as diversion programs. We can help your child access these alternatives, keeping their record clean and avoiding penalties that could disrupt their education or career prospects.

Reducing Charges or Negotiating Plea Deals

By carefully examining the evidence and circumstances surrounding the arrest, an attorney may uncover procedural errors, a lack of probable cause, or other grounds for challenging the charges. This type of defense work requires a deep understanding of juvenile law and criminal defense strategy, skills our experienced attorney brings to the table.

Avoiding a Criminal Record

One of the biggest concerns parents have about underage drinking charges is the potential for a lasting criminal record. In North Carolina, juvenile records are typically sealed, but there are instances where charges can remain on record, or the case could be transferred to adult court. A criminal defense attorney works to prevent such outcomes by advocating for alternative programs, such as:

  • Community service
  • Alcohol education courses
  • Counseling

These alternatives can help dismiss or seal the case, teaching responsibility without causing lasting harm to a young person’s reputation or future.

Moreover, many juvenile cases may be eligible for expungement, which allows for removing a charge from a young person’s record. Expungement can be especially beneficial for college applications and career opportunities, enabling young adults to move forward without a criminal record. Our team can guide you through the expungement process, providing additional protection for your child’s future.

The Value of Legal Guidance

Dealing with the justice system can be intimidating for anyone, especially young people. Our criminal defense attorney acts will be your child’s advocate in court and guide them through the process in an accessible and reassuring manner. Knowing that someone is in their corner, advocating for their rights, can help alleviate the stress of a courtroom experience.

For parents, working with Hancocock Law Firm means having a partner who understands your child’s rights and is committed to achieving the best possible outcome. With our support, you will have peace of mind knowing we will protect your child’s interests, rights, and future. 

Talk To a Skilled Juvenile Defense Attorney Today

An underage drinking charge doesn’t have to define a young person’s future. With the right defense strategy, protecting your child’s record and ensuring they can learn from this experience without facing long-term consequences is possible.

At Hancock Law Firm, we provide compassionate, effective defense for families in Carteret County. If your child is facing underage drinking charges, contact us today for a consultation.

Lawyer who provides legal advice in the office.

Should I Hire a Public Defender or a Private Attorney for a Beaufort DWI?

Posted on

Being arrested for a DWI in Beaufort, NC, can be an intimidating experience. One of the most critical decisions you’ll face is whether to hire a public defender or a private attorney to represent you. Understanding the differences between these two options and how they might impact your case is essential to making an informed choice. Here’s what you need to know.

The Role of a Public Defender

Public defenders are attorneys the court provides for defendants who cannot afford private counsel. They are typically experienced in criminal law and handle a variety of cases, including DWIs. If you qualify for a public defender, you won’t have to pay for their services, which can be helpful if you’re concerned about legal expenses.

While public defenders are knowledgeable, they often carry a heavy caseload. This can limit the time and attention they can devote to each case. For someone facing a DWI charge, this could mean fewer opportunities for in-depth case analysis or strategy development. Public defenders might not have the flexibility to explore alternative defense tactics, such as questioning the validity of the traffic stop or the accuracy of your blood alcohol concentration (BAC) test results.

The Advantages of a Private Attorney

Hiring a private attorney for your Beaufort DWI case can provide several benefits, particularly when it comes to personalized attention. Private attorneys often have more manageable caseloads, allowing them to dedicate the time needed to develop a comprehensive defense strategy tailored to your situation. They can thoroughly investigate the circumstances of your arrest, gather evidence, and challenge the prosecution’s case.

A private attorney specializing in DWI cases brings specific expertise to your defense. They are familiar with the local courts, judges, and prosecutors, which can be advantageous when negotiating plea bargains or seeking reduced penalties. A private attorney’s familiarity with DWI laws in North Carolina also means they are better equipped to navigate complex legal issues, such as identifying mitigating factors that could lower your charges or penalties.

Key Differences to Consider

When deciding between a public defender and a private attorney for your DWI case, it’s crucial to weigh a few key factors:

  • Cost–Public defenders are free for those who qualify based on income level. If you can afford it, however, investing in a private attorney may be worthwhile for the added attention and expertise they bring to your case.
  • Availability–Public defenders often juggle multiple cases simultaneously, which may limit their availability for consultations and case preparation. Private attorneys typically manage smaller caseloads, offering more opportunities for one-on-one communication and dedicated defense work.
  • Experience–While public defenders are skilled in criminal law, they may not have the same experience in DWI cases as a private attorney, who may be more adept at exploring all legal options and strategies that could work in your favor.

Potential Outcomes with a Public Defender vs. a Private Attorney

The outcome of your DWI case can depend significantly on the quality of your representation. Here’s how each option might affect your case:

  • Public defender–Public defenders provide competent defense services, especially for straightforward cases or when the evidence is overwhelmingly against you. However, their limited time and resources might mean they cannot pursue every possible defense angle. If you have aggravating factors in your case—such as a BAC significantly over the legal limit or prior DWI convictions—you may need a more focused defense, which a public defender may struggle to provide, given their caseload.
  • Private attorney–With a private attorney, you’re likely to receive a more personalized approach. They can take the time to investigate your arrest thoroughly, question the validity of tests, and build a defense that challenges the prosecution’s evidence. They may also be better positioned to negotiate a favorable plea bargain or represent you in trial if necessary. Additionally, they can work to restore your limited driving privileges and help manage the implications of your arrest on your record.

Choosing the Right Option for You

Choosing between hiring a public defender or a private attorney for your Beaufort DWI depends on your unique circumstances. If you cannot afford legal representation, a public defender is a viable option for competent legal defense. However, hiring a private DWI defense attorney may result in a more favorable outcome.

If you’ve been arrested for a DWI in Beaufort,  Hancock Law Firm is here to help. We offer personalized, dedicated representation and a track record of success. Contact us today for a free consultation.

police car with sirens on

Why You Shouldn’t Shrug Off a Misdemeanor

Posted on

If you’ve been charged with a misdemeanor, you might be tempted to think it’s not a big deal—after all, it’s not a felony, right? However, even though misdemeanors are considered lesser offenses, they can still carry serious consequences that can affect your life for years. 

Whether it’s impacting your employment, your finances, or even your freedom, ignoring a misdemeanor could be a costly mistake. Here’s why you should never shrug off a misdemeanor.

Misdemeanors Can Add Up

In North Carolina, misdemeanors are categorized into four classes: A1, 1, 2, and 3, with A1 being the most serious. Depending on the class of the misdemeanor, penalties can include:

  • Fines ranging from a few hundred dollars to thousands
  • Jail time, particularly for Class A1 misdemeanors
  • Probation
  • Community service
  • Required classes, such as anger management or substance abuse counseling

But even beyond the immediate legal penalties, misdemeanors can have long-term impacts on your life.

Employment Challenges

One of the biggest consequences of a misdemeanor conviction is the impact on your employment prospects. Many employers run background checks, and even though a misdemeanor might not seem like a serious offense, it can still raise red flags.

Employers might see:

  • Reckless driving or DUI is irresponsible behavior.
  • Theft or fraud is a lack of trustworthiness.
  • Assault or disorderly conduct as signs of aggression.

In some industries, particularly those that involve driving, handling money, or interacting with the public, a misdemeanor conviction can lead to job loss or difficulty finding new employment.

Financial Consequences

A misdemeanor might also take a serious toll on your finances. Even if jail time isn’t on the table, fines, court fees, and legal costs can add up quickly. For example, a DUI misdemeanor can come with fines, increased insurance rates, and mandatory fees for programs like traffic school or substance abuse treatment.

In some cases, you might also face:

  • Restitution payments to victims
  • Loss of professional licenses
  • Increased insurance premiums

Over time, these financial consequences can become overwhelming, especially if they lead to job loss or difficulty securing employment.

Misdemeanors Can Impact Your Record for Years

A misdemeanor conviction becomes part of your permanent criminal record. While some misdemeanors can be expunged after a certain period, others might remain visible to employers, landlords, and others for much longer. This can affect not only your job prospects but also your ability to rent an apartment, obtain loans, or even volunteer for certain organizations.

Collateral Consequences 

Aside from the direct legal consequences, misdemeanors can come with collateral consequences that can impact various aspects of your life, including:

  • Loss of driving privileges–Certain misdemeanors, like DUI or reckless driving, can result in a suspended or revoked driver’s license.
  • Travel restrictions–Some countries, like Canada, may deny entry to individuals with certain misdemeanor convictions.
  • Professional repercussions–Depending on your field, a misdemeanor might result in the suspension or loss of a professional license. This is especially common in careers like healthcare, law, and education.

Why You Need Legal Representation

Given the potential consequences of a misdemeanor conviction, having legal representation is crucial. A good attorney can:

  • Challenge the evidence against you.
  • Present mitigating factors to reduce your penalties.
  • Help you understand your rights and options.

Without legal guidance, you might unknowingly make mistakes that lead to harsher penalties or more long-term consequences. A skilled attorney can help you navigate the legal system and work to achieve an acquittal or dismissal. 

Talk To A Beaufort Misdemeanor Defense Attorney Today!

A misdemeanor may seem like a minor legal issue, but its potential consequences can be life-altering. It’s essential not to shrug off a misdemeanor charge and consult with a defense attorney who can guide you through the process and help you avoid long-term consequences. If you face misdemeanor charges, contact Hancock Law Firm to protect your rights and future.

Drink and drive, alcoholism with car keys concept

North Carolina’s 6 Sentencing Levels for DWIs

Posted on

Driving while impaired (DWI) is a serious offense in North Carolina, carrying significant legal consequences. The state takes DWI charges seriously, and the penalties are severe, ranging from heavy fines and mandatory substance abuse treatment to substantial jail time. Navigating these charges requires a seasoned DWI attorney who can effectively argue for a fair sentence and help minimize the impact on your life.

DWI Sentencing Factors

North Carolina’s DWI sentencing is structured into six levels, from the most severe Aggravated Level One to the least severe Level Five. Each level comes with its penalties, which are determined based on aggravating or mitigating factors in your case. 

Aggravated Level One

Aggravated Level One is the most severe sentencing level for a DWI conviction in North Carolina. This level is reserved for cases with significant aggravating factors, elevating the offense’s seriousness. These factors include:

  • Having a prior DWI conviction within the past seven years
  • Driving with a revoked license due to a previous DWI
  • Causing serious injury to another person while driving impaired
  • Having a child under the age of 18 in the vehicle at the time of the offense

Penalties at this level can include up to three years in jail, hefty fines, and mandatory substance abuse treatment. Given the severity of Aggravated Level One, it’s essential to have a knowledgeable DWI attorney who can effectively advocate for your rights and work to mitigate these harsh penalties.

Level One

Level One sentencing for a DWI in North Carolina is also severe, though slightly less so than Aggravated Level One. This level is typically applied when there are serious aggravating factors but not as many or as extreme as those required for Aggravated Level One.

Key factors that might lead to a Level One sentence include:

  • Two or more grossly aggravating factors, such as prior DWI convictions or driving with a revoked license.
  • Having a passenger under 18 years old in the vehicle at the time of the offense.

Penalties for Level One can include up to two years in jail, significant fines, and mandatory alcohol or drug treatment programs.

Level Two

Level Two sentencing for a DWI in North Carolina is used when aggravating factors are present but do not meet the threshold for Level One. This level is often applied when there is a single grossly aggravating factor or multiple lesser aggravating factors.

Common scenarios that may result in a Level Two sentence include:

  • A prior DWI conviction within seven years.
  • Driving with a passenger under 18, but without other grossly aggravating factors.
  • Causing a minor injury to another person while driving impaired.

Penalties for Level Two can include up to one year in jail, substantial fines, and mandatory substance abuse assessments and treatment. 

Levels Three To Five

Levels Three, Four, and Five represent the less severe end of the DWI sentencing spectrum in North Carolina. These levels are typically applied when there are fewer or no aggravating factors and often involve first-time offenders or cases with mitigating factors.

Level Three

Level three sentencing is used when mitigating factors reduce the severity of the offense. A first-time DWI offense with no aggravating factors may result in a Level Three sentence. Penalties can include up to six months in jail, fines, and probation.

Level Four

Level Four is one step down from Level Three and is often applied in cases where mitigating factors significantly outweigh aggravating ones. Penalties for Level Four include up to 120 days in jail, fines, and probation.

Level Five

Level Five is the least severe sentencing level and is typically applied in cases with strong mitigating and no aggravating factors. Penalties can include up to 60 days in jail, fines, and probation.

Even at these lower levels, the consequences can be life-altering, making it essential to have a DWI attorney who can argue for the most favorable outcome.

Talk To An Experienced North Carolina DWI Attorney Today

North Carolina’s DWI sentencing laws are complicated and confusing. It takes a knowledgeable DWI attorney to identify mitigating factors, such as a clean driving record or voluntary participation in a treatment program, and help reduce your sentence.

Whether you’re facing an Aggravated Level One or a Level Five sentence, trust Hancock Law Firm to guide you through the legal system and minimize the long-term impact on your life. Call today for a consultation, and let us help protect your driving privileges.

Young woman using smart phone,Social media concept.

Can Social Media Be Used Against You in a Criminal Case in Beaufort?

Posted on

In today’s digital age, social media is an integral part of daily life for many individuals in Beaufort and across North Carolina. Platforms like Facebook, Instagram, Twitter, and Snapchat allow people to connect, share experiences, and express opinions. However, these platforms also pose significant risks, especially when it comes to criminal cases. It’s important to understand the implications of social media in legal proceedings and how it can impact your defense. Here, we explore whether social media can be used against you in a criminal case in Beaufort and what you can do to protect yourself. 

The Role of Social Media in Criminal Cases

Social media can provide a wealth of information that may be used as evidence in criminal cases. Posts, photos, videos, comments, and even private messages can be scrutinized and presented in court. Here are some ways social media can impact your case: 

1. Evidence of Criminal Activity

Social media posts may inadvertently provide evidence of criminal activity. Photos or videos depicting illegal actions, admissions of guilt in posts, or location tags placing you at the scene of a crime can all be used against you. Even seemingly innocent posts can be interpreted as incriminating, so it’s crucial to consider the potential implications of your online activity.

2. Inconsistencies in Statements

Prosecutors may use social media to identify inconsistencies in statements made by the defendant. If your online activity contradicts statements made to law enforcement or in court, it can damage your credibility and weaken your defense. 

3. Character Assessment

Social media can also be used to assess your character. Posts depicting reckless behavior, drug use, or associations with criminal elements can negatively influence the perception of your character in court. Prosecutors may use this information to paint an unfavorable picture of you, impacting the outcome of your case. 

Legal Considerations in North Carolina

In North Carolina, the admissibility of social media evidence depends on several factors. Courts must determine whether the evidence is relevant, authentic, and not overly prejudicial. Here’s what you need to know:

1. Relevance

Social media evidence must be relevant to the case at hand. It should have a direct connection to the alleged crime or be necessary to establish facts pertinent to the case. The court will assess whether the evidence is likely to affect the case’s outcome and contribute to a fair trial. 

2. Authentication

Courts require proper authentication of social media evidence. This involves verifying that the evidence is genuine and accurately represents the online content. Authentication can be achieved through metadata analysis, witness testimony, or expert verification, ensuring the evidence’s integrity before it is admitted. 

3. Privacy Concerns

While social media is often considered public, privacy concerns may arise in certain situations. Courts will consider whether the evidence violates your reasonable expectation of privacy and adhere to privacy laws governing digital content. However, publicly accessible posts are generally fair game in legal proceedings.

Protecting Yourself from Social Media Risks

Given the potential legal risks, it is essential to be cautious about your social media activity, especially if you are facing criminal charges. Here are some steps to protect yourself: 

1. Be Mindful of What You Post

Avoid posting anything that could be interpreted as incriminating or damaging to your case. Even seemingly innocent posts can be taken out of context and used against you. Exercise discretion and think twice before sharing information online. 

2. Strengthen Privacy Settings

Review and adjust your privacy settings to limit who can see your posts and personal information. Restrict access to your social media accounts to trusted friends and family members, reducing the risk of unwanted scrutiny. 

3. Avoid Discussing Legal Matters

Refrain from discussing legal matters or details of your case on social media. Conversations about your case can be misinterpreted and used against you. Instead, communicate with your attorney privately to discuss case-related matters.

4. Preserve Evidence

If social media evidence may be relevant to your defense, work with your attorney to preserve it. Screenshots, metadata, and other digital evidence should be carefully documented and retained for potential use in court. 

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

Social media is a powerful tool that can significantly impact criminal cases in Beaufort and beyond. Being aware of how your online activity can be used against you is crucial for safeguarding your legal rights. 

At Hancock Law Firm, PLLC, we specialize in criminal defense and understand the nuances of social media evidence. If you are facing charges and have concerns about your social media activity, contact us for guidance and representation. Let us help you navigate the complexities of criminal law and achieve the best possible outcome for your case.

house in nc

What is the Castle Law in NC?

Posted on

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!