Category: Criminal Defense

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!

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

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

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

 What Is a Felony Offense Under the Statute?

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

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

Sentencing

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

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

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

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

If you have been convicted of multiple felonies and are facing punishment under the habitual offender law, you may have options. You have the right to offer evidence to mitigate your sentence. Your best bet of doing so successfully is with the help of a knowledgeable and experienced North Carolina criminal defense attorney who understands what you are up against and will fight on your behalf. 

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

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

When Can You Refuse?

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

1. Your consent
2. A warrant
3. Probable cause 

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

What is “Probable Cause?”

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

What if an Officer Has Probable Cause?

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

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

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

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!

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

What is Stalking?

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

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

A Pattern of Behavior

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

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

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

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

What is Cyberstalking?

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

Potential Defenses to Stalking

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

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

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

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

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