Category: Criminal Defense

If you suspect you might have an outstanding warrant in North Carolina, the most important thing to understand is that checking the wrong information can get you arrested on the spot. There are safer and riskier ways to find out, and the method you choose matters. In North Carolina, arrest warrants are public records, but the state’s online search tool has a significant limitation that catches many people off guard. A Carteret County criminal defense attorney can check for warrants on your behalf confidentially, without putting you at risk of immediate arrest, and advise you on the safest way to resolve the situation.

What Is an Arrest Warrant in North Carolina?

An arrest warrant is a court order signed by a judge or magistrate that authorizes law enforcement to take you into custody. It is issued when a law enforcement officer or prosecutor presents evidence of probable cause — a reasonable basis to believe you committed a specific offense. The warrant names you, states the charge, and directs officers to bring you before the court.

An arrest warrant does not mean you have been convicted of anything. It means a judge has found enough preliminary evidence to justify an arrest. Once a warrant exists, it remains active indefinitely until you are arrested or the issuing judge recalls it. There is no expiration date.

North Carolina issues several types of warrants. The most common are arrest warrants (for new charges) and bench warrants, also called orders for arrest, which are issued when someone fails to appear for a scheduled court date or violates a condition of their release. Both have the same practical effect: law enforcement can arrest you on sight.

The Critical Limitation of North Carolina’s Online Search Tool

North Carolina’s court system offers a public case search portal through the NC Judicial Branch. Many people assume this tool will tell them whether they have an outstanding warrant. It will — but only for orders of arrest in cases where you were already served and missed a court date.

It does not show warrants issued for new charges. If law enforcement has sworn out a warrant against you for a new offense, that warrant may not appear in the online portal at all. Searching online and seeing nothing does not mean you are in the clear.

This is one of the most consequential gaps in the public-facing information about NC warrants. People search, find nothing, and assume they have no exposure when, in fact, a warrant for a new charge may be sitting at the courthouse or with the sheriff’s office waiting to be executed.

How to Check If You Have a Warrant in North Carolina

With that limitation in mind, here are the main methods — from safest to riskiest.

Option 1: Have an Attorney Check for You (Safest)

The safest way to check for a warrant is to have a defense attorney make confidential inquiries on your behalf. An attorney can contact the clerk’s office, the sheriff’s department, or law enforcement contacts without triggering an arrest. If a warrant exists, your attorney can advise you on exactly what it is for, whether it can be resolved without you turning yourself in, and how to handle a surrender — if necessary — in a way that minimizes the risk of a high bail or a chaotic arrest at your home or workplace.

Option 2: NC Judicial Branch Online Portal

The NC Courts public case search is available at nccourts.gov. Search your name and county. If you see an “order for arrest” listed on an existing case, a bench warrant has been issued, typically because a court date was missed. As noted above, this tool will not show warrants for new charges, so a clean result here is not a guarantee.

Option 3: Contact the Clerk of Court

You or someone acting on your behalf can contact the Clerk of Court in the county where you believe a charge may have been filed. Clerks maintain active warrant records for cases that have been processed through their office and can confirm whether a warrant has been issued in your name. This is more comprehensive than the online portal, but still may not surface a warrant that has been issued but not yet entered into the court system.

Option 4: Contact the Sheriff’s Office or Police Department (Riskiest)

Use this option with extreme caution. You can call or visit the sheriff’s office or local police department and ask whether a warrant exists in your name. Some agencies will answer over the phone. Many will not, and may require you to come in person, at which point, if a warrant exists, you can be arrested immediately. Do not walk into a law enforcement office to check for a warrant without first speaking to an attorney.

What Happens If You Have an Outstanding Warrant?

If a warrant exists, the worst thing you can do is ignore it. Warrants do not expire in North Carolina. They follow you. They will surface during traffic stops, background checks for employment or housing, and any contact with law enforcement. The longer a warrant goes unaddressed, the more complicated and expensive the situation tends to become.

If your warrant stems from a missed court date, you may be facing a failure to appear charge on top of your original offense. North Carolina takes FTAs seriously: a missed court date triggers an automatic license revocation and a separate misdemeanor charge. Addressing the underlying warrant promptly is the only way to stop that clock.

Should You Turn Yourself In?

Sometimes, but the timing and approach matter enormously. An attorney can often negotiate the terms of a surrender in advance, including contacting the prosecutor about bail before you walk in. That conversation can make the difference between being released the same day and sitting in a cell over a weekend waiting for a bond hearing.

If your warrant involves a felony charge, do not attempt to handle this on your own. The stakes are higher, bail is likely to be significant, and what you say and do in the hours around your arrest can affect your defense down the line.

What If the Warrant Is a Mistake?

Warrant errors happen. Your name may be similar to someone else’s, a case may have been filed against the wrong person, or a warrant may reflect a charge you were never properly served with. An attorney can research the warrant, identify whether it has been issued in error, and petition to have it recalled without you needing to go through an arrest first.

Talk to Cateret County Criminal Defense Lawyer

If you think there is any chance a warrant has been issued in your name in Carteret County or anywhere in North Carolina, get legal guidance before you call the police or walk into a sheriff’s office. The few minutes it takes to make that call can protect you from an unnecessary arrest, an avoidable bail amount, and a situation that escalates before it needs to. Contact Hancock Law Firm today.

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!

In North Carolina, being detained means officers temporarily restrict your movement based on reasonable suspicion to investigate possible criminal activity. Being arrested is more serious. It means law enforcement has probable cause to believe you committed a crime, and you are formally taken into custody. Each situation carries different rules about searches, questioning, and Miranda warnings. A Carteret County criminal defense attorney at Hancock Law Firm can evaluate your encounter with police and protect your rights at every stage.

What Does It Mean to Be Detained in North Carolina?

Being detained means a law enforcement officer has temporarily restricted your freedom of movement to investigate suspected criminal activity. A detention occurs when a police officer has reasonable suspicion to believe that someone has committed or is about to commit a crime. It is short-term, lasting long enough for the officer to investigate and determine the next steps.

For an officer to detain someone, they must have reasonable suspicion, meaning they have a justifiable basis for stopping the individual. The reasonable suspicion standard is lower than the probable cause standard required for an arrest. For example, an officer in Carteret County might detain you during a traffic stop if they observe behavior suggesting impairment, or they might stop you on the street if you match a suspect description near a recent crime scene.

In North Carolina, the duration of detainment is limited by the Fourth Amendment, which protects against unreasonable searches and seizures. Being detained should be brief and only last as long as necessary for officers to confirm or rule out their suspicions. During a detention, you have the right to:

• Remain silent and decline to answer questions beyond basic identification
• Refuse consent to a search of your person or vehicle
• Ask whether you are free to leave

You are allowed to ask whether you are free to leave. If the officer says you are not, that is a sign you are being detained. Politely asking this question also creates a clear record of the encounter, which can matter if the legality of the stop is later challenged in court. 

North Carolina does not enforce a general “stop and identify” law, meaning you typically are not required to provide identification simply because police ask you. This protection applies when you are walking, standing in public, or engaged in lawful activities that do not require identification. 

While no statute requires ID from pedestrians, refusing to provide identity info during a valid investigative stop may lead to obstruction charges per case law. The major exception involves motor vehicle operation. Drivers must produce valid licenses when requested under North Carolina General Statute 20-29.

What Does It Mean to Be Arrested?

Being arrested is a much more serious situation than detention. An arrest occurs when law enforcement has probable cause to believe you have committed a crime, and it marks the beginning of formal legal proceedings against you.

Probable cause is a higher standard than reasonable suspicion. It means that the officer has concrete and objective facts they can point to to justify the arrest.

Under North Carolina law, upon making an arrest, a law-enforcement officer must identify himself as a law-enforcement officer unless his identity is otherwise apparent, inform the arrested person that he is under arrest, and as promptly as is reasonable, inform the arrested person of the cause of the arrest. After arrest, you will typically be handcuffed, transported to a police station or detention facility, and booked. The booking process includes recording your personal information, photographing you, and taking fingerprints.

If you are arrested in Carteret County, knowing what comes next can help you make better decisions. After booking, you will generally appear before a judicial official who determines whether to set bail or hold you in custody. The charges filed against you will determine whether your case proceeds as a misdemeanor or felony and which court handles it.

When Do Miranda Rights Apply?

One of the most misunderstood aspects of police encounters is when Miranda warnings are required. The difference between detention and arrest is crucial for determining when Miranda warnings are required. Many people do not realize that simply being detained does not automatically trigger Miranda rights.

Law enforcement is required to read you your Miranda rights only when both of the following conditions are met: 

• You are in custody, meaning you are not free to leave, and 
• You are being interrogated by the police about a crime. 

During a detention, police do not need to read you your rights because they are not conducting a custodial interrogation. This means that if an officer pulls you over for a traffic stop in Beaufort and asks questions before placing you under arrest, those pre-arrest statements may still be admissible even without a Miranda warning.

If law enforcement fails to comply with Miranda when it is required, the remedy is not dismissal of charges. Instead, the issue becomes whether certain statements should be excluded from evidence. This is an important distinction. A Miranda violation does not automatically get your case thrown out, but it can weaken the prosecution’s evidence if statements were obtained improperly. Knowing what to say and what not to say during any encounter with police is one of the most effective ways to protect yourself.

Arrested vs Detained: Key Differences at a Glance

Understanding the side-by-side differences makes it easier to recognize your situation and respond appropriately:

1. Legal standard. Detention requires reasonable suspicion, which is a lower bar. Arrest requires probable cause, meaning officers need concrete facts suggesting you committed a crime.
2. Duration. Detention must be brief and limited to the time needed to investigate. Arrest leads to an extended period of custody, booking, and potential court proceedings.
3. Physical restraint. During detention, officers generally do not handcuff or physically restrain you, but may do so briefly if reasonably necessary for safety. Arrest typically involves handcuffs, transport, and formal booking.
4. Searches. During a detention, officers may only conduct a limited pat-down for weapons if they reasonably believe you are armed. After an arrest, officers can conduct a more thorough search incident to the arrest.
5. Miranda warnings. Not required during a routine detention. Required before custodial interrogation following an arrest.
6. Record. A detention alone does not appear on your criminal record. An arrest creates a formal record and initiates criminal proceedings.

Detention can escalate into an arrest if officers find evidence that supports probable cause. This is why staying calm, avoiding unnecessary statements, and knowing your rights during any police encounter is so important. If you believe a warrant may have been issued in connection with your case, acting quickly can make a significant difference in the outcome.

Protect Your Rights. Call Hancock.

Whether you were detained, arrested, or are unsure what happened during a recent police encounter in Carteret County, your next step matters. Joel Hancock has spent over 12 years defending clients throughout Beaufort, Morehead City, and the surrounding areas, and he personally reviews every case. Contact Hancock Law Firm today to schedule a free consultation and find out how to protect your rights and your future.

Bail jumping in North Carolina occurs when someone released from custody fails to appear in court as required. It is not just a missed date—it can lead to a new criminal charge, additional penalties, and a warrant for arrest. In Carteret County, addressing a missed court appearance quickly can make a significant difference in how the situation is handled.

What Is Bail Jumping Under North Carolina Law?

Bail jumping, often referred to as failure to appear, occurs when a person released on bond does not appear for a scheduled court date. Under North Carolina Law (G.S. 15A-543), this is treated as a separate offense from the original charge.

The classification depends on the underlying case:

• If the original charge is a misdemeanor, failure to appear is typically a Class 2 misdemeanor
• If the original charge is a felony, failure to appear may be charged as a Class I felony

This means a missed court date can turn a manageable case into a more serious legal situation.

Is Bail Jumping Always Considered Intentional?

Not every missed court date leads to a bail-jumping conviction. The prosecution must prove that the failure to appear was willful.

Situations that may support a defense include:

• Medical emergencies or hospitalization
• Car accidents or unexpected transportation issues
• Not receiving proper notice of the court date
• Confusion about the date or courtroom
  

Courts look closely at whether you made an effort to comply or correct the issue. Taking action soon after missing court can help show that the absence was not intentional.

What Happens If You Miss Court While Out on Bail?

Missing a court date can trigger immediate consequences, even before any new charge is filed.

You may face:

• A bench warrant for your arrest
• Forfeiture of your bond, meaning any posted money or collateral, may be lost
• Additional criminal charges for failure to appear
• Stricter bond conditions in the future

In Carteret County, law enforcement can act on a warrant at any time, including during routine traffic stops. What begins as a missed appearance can escalate quickly if not addressed.

What Are the Penalties for Bail Jumping in NC?

Penalties depend on the severity of the underlying charge, but they can include jail time and fines.

• Class 2 misdemeanor: Up to 60 days in jail and a fine
• Class I felony: Potentially up to 12 months in custody

Beyond formal penalties, bail jumping can affect how your original case is handled. Judges may be less willing to extend leniency or offer favorable bond conditions after a missed appearance.

What Should You Do If You Missed a Court Date in Carteret County?

Taking prompt action is one of the most important steps you can take.

You should:

• Contact a criminal defense attorney as soon as possible
• Gather documentation explaining why you missed court
• Avoid further delays in addressing the situation
• Be prepared to resolve both the missed appearance and the underlying charge

In many cases, addressing the issue early can help reduce additional consequences and avoid further escalation.

Can Bail Jumping Charges Be Reduced or Dismissed?

In some cases, yes. The outcome often depends on the reason for the missed court date and how quickly you respond.

A defense strategy may involve:

• Showing the absence was not willful
• Providing supporting documentation
• Demonstrating prompt efforts to correct the issue
• Working with the court to reschedule the appearance

Each case is fact-specific, but early action often creates more opportunities to resolve the situation favorably.

Take Action to Address a Missed Court Date

Bail jumping charges can complicate your case and increase your exposure to penalties, but they can often be addressed with the right approach. Acting quickly and understanding your options can help you regain control of the situation.

Hancock Law Firm, PLLC, works with clients in Beaufort, Morehead City, and throughout Carteret County to address missed court dates and failure-to-appear charges. If you need help resolving a bail jumping issue,reach out today to discuss your next steps.

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!

Depending on your record, you may qualify for an expungement in Carteret County.

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.

Concerned about what shows up on a background check? Learn more about clearing your record through expungement.

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!