Lawyer who provides legal advice in the office.

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

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

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

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?

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?

Updated on Nov. 26, 2025

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 Doctrine in North Carolina?

The Castle Doctrine is a legal protection that allows a homeowner to use reasonable force, including deadly force, to defend against an intruder when faced with an imminent threat of death, serious injury, or a forcible felony.

This doctrine is based on the principle that your home should be a place of safety and that you are not required to retreat from danger inside your own residence.

Key points include:

  • Allows use of force to stop a threat

  • Applies inside the home and surrounding areas

  • Offers immunity when force is used lawfully

What Are the Key Provisions of North Carolina’s Castle Law?

North Carolina law provides strong protections for homeowners, including no duty to retreat, a presumption of reasonable force, and immunity from civil liability when force is used in lawful self-defense.

No Duty to Retreat

Homeowners do not have to flee or attempt escape before defending themselves.

Presumption of Reasonableness

If force is used against an intruder, the law presumes the homeowner acted reasonably unless proven otherwise.

Protection From Civil Lawsuits

Intruders or their families cannot sue for damages if the homeowner acted lawfully.

Areas Covered by the Law

The Castle Doctrine applies to:

  • The interior of the home

  • Attached garages

  • Porches

  • Curtilage, the immediate area surrounding the home

When Does the Castle Doctrine Apply in North Carolina?

The Castle Doctrine applies when a homeowner reasonably believes force is necessary to prevent imminent death, serious bodily injury, or a forcible felony.
The law does not permit the indiscriminate use of force. Self-defense must be proportional to the threat and based on reasonable belief.

Situations where it may apply include:

  • Forced entry into the home

  • Violent threats inside the residence

  • Attempts to commit a felony within the dwelling

Contact Our North Carolina Criminal Defense Attorneys

If you acted in self-defense or have questions about your rights under North Carolina’s Castle Doctrine, Hancock Law Firm, PLLC is here to help. Our team understands the high stakes involved and will guide you through your options with clarity and care. Contact us today to schedule your free consultation.

FAQs

When can I legally use deadly force inside my home in North Carolina?

Deadly force may be used when you reasonably believe it is necessary to prevent imminent death, serious injury, or a forcible felony. The Castle Doctrine gives you the legal right to defend yourself without retreating.

Does the Castle Doctrine apply if the intruder is unarmed?

It can. The law focuses on whether you reasonably believed you were in danger, not solely on whether the intruder had a weapon. The totality of the circumstances matters.

Could I still be investigated after using force in my home?

Yes. Police will investigate any use of deadly force. However, the Castle Doctrine gives you strong legal protections and creates a presumption that your actions were reasonable when used against an unlawful intruder.

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 for Arrest in NC

Arrest warrants give police the right to take someone into custody. Judges issue these warrants after hearing evidence or sworn statements from law enforcement. An arrest warrant names the person, states the charge, and includes an order to bring that person to court. It does not prove guilt. It only shows that a judge believes there is sufficient reason to make an arrest.

Are Arrest Warrants Public Record in North Carolina?

Yes, North Carolina law makes most warrant records public. That means anyone can request warrant information from law enforcement or the courts. Some exceptions apply. For example, you can’t access records tied to ongoing investigations or sealed cases. 

How to Find Out If You Have a Warrant in North Carolina

There are several ways to determine whether you have an arrest warrant in North Carolina. 

Contacting Local Law Enforcement

You can call or visit your local police department or sheriff’s office. Ask if they have a warrant in your name. Be ready to give your full name and date of birth. Some agencies will not give this information over the phone, so you might need to go in person. However, keep in mind that the police could arrest you on the spot if they confirm that you have an active arrest warrant.

Searching Online Warrant Databases

Some counties in North Carolina have online tools you can use to search for warrants. These tools often show names, charges, and other details. 

Checking with the Clerk of Court

The Clerk of Court can tell you if a court issued a warrant in your name. You can visit the clerk’s office in the county where the case began. Many courthouses have self-service computers you can use for free.

Using Third-Party Sites

Some websites offer background checks and warrant searches for a fee. However, these sites might not always show current or complete records. For the most reliable results, use official government sources or ask a lawyer to help.

What Happens After a Warrant Is Issued?

Once a judge signs a warrant, police can arrest the person named in it. After the arrest, the person goes before a judge. The court may set bail or decide to hold the person in jail. The legal process moves forward from there, depending on the charge.

 

Unlike some other warrants, arrest warrants do not expire. They remain active until police arrest the person or a judge recalls the warrant. A judge may cancel a warrant if the person dies or if new facts show the warrant should not have been issued.

Should You Turn Yourself In If You Have a Warrant?

Turning yourself in can sometimes help your case since it shows you are taking the situation seriously. However, you should talk to a lawyer before you do so. Your attorney can explain your options and help you plan your next steps. It’s best not to wait until police find you at work, school, or during a traffic stop.

Why You Should Contact a Criminal Defense Attorney

A criminal defense lawyer can explain the charges against you and what happens next. They can contact the police or court for you and set up a court date. They might also be able to help you avoid jail. If you wait too long to get help, though, you could face more problems.

Talk to a Lawyer Before You Take Your Next Steps

If you think there might be a warrant for your arrest, don’t guess. Contact Hancock Law Firm, PLLC, to speak with a criminal defense lawyer who can review your situation and explain your options. We offer a free consultation, and we’ll treat your case with the attention it deserves.

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.

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!