Category: Criminal Defense

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!

When you’ve been involved in a car accident in North Carolina, it’s important that you stay at the scene of the accident to see if everyone else involved is okay and if there is any property damage. It’s also likely that you must notify the police and file a report of the accident.

While most people take these steps, some people fail to stick around and do not call law enforcement to report the accident. When this occurs, the police will often look for the other driver involved, searching based on the make, model, color, and damage to the vehicle. 

When the police believe that your vehicle matches the description of the vehicle involved, you may be accused of a hit-and-run and face charges. Here’s what to know about what you may face if accused of a hit-and-run accident.  

Penalties

The penalties that you face are dependent upon how severe the accident was. Someone who doesn’t stay at the scene of the crash in which property damage occurred, may face misdemeanor charges of up to 120 days in jail and fines. But if someone injures another person and fails to stay at the scene of the crash and report it, they could face 4-25 months in jail, be ordered to pay fines, and lose their driver’s license. If serious bodily injury occurred, they could face 10-41 months in jail, pay large fines, and lose their license.  

In convicting you, the pros must show that did not meet your duty as a driver; that a reasonable person would have known that there was property damage or an injury and thus, would have stopped and stayed at the scene of the accident. The state is also responsible for proving that you were, in fact, involved in the accident. 

Evidence

There are various pieces of evidence that you can admit to disprove the state’s claims such as local surveillance video, dash cam footage, or old police reports of prior accidents that account for the damage to your vehicle. Additionally, if you have been wrongly accused, an alibi can help to defend against the charges you face. You have options.

The Attorneys at Hancock Law Firm, PLLC Help Those in North Carolina Who Have Been Charged with a Hit-and-Run

If you have been charged with a hit-and-run 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!

It’s easy for many people to confuse being detained with being arrested. However, the legal implications of these two interactions with police vary significantly. 

Detainment

In order for police officers to arrest you they require a certain threshold of evidence. So, what can an officer do if he or she believes that you committed an illegal activity but lack the aforementioned evidence? They can detain you. Police can hold you where you are without actually placing you in custody. They use the opportunity to speak with you and ask you questions in order to try and obtain more information. However, a gut feeling that you’ve been engaged in illegal activity isn’t enough; the police must have proof or at least a good reason to think so. Under detainment the police can hold you for up to 20 minutes. Detainment may result in arrest. However, the police may not even tell you that you are being arrested; If you are read your Miranda rights and aren’t free to leave you can make the assumption that you are.

Arrest

Being arrested is more serious than being detained. During an arrest the police will take you into custody. You will know that you are being arrested because you will not be able to leave. In order to arrest you the officer(s) need sufficient evidence of a crime (probable cause). If they lack such evidence then they must have a warrant for your arrest. When you are being arrested, the police are required to read you your Miranda rights. Miranda rights include the following:

• You have the right to remain silent;
• Anything you say can – and will – be used against you;
• You have the right to an attorney; and
• If you cannot afford an attorney, one will be appointed to you.

When you are being arrested, the police may use reasonable, necessary force. They are also legally allowed to conduct a brief search of you and your possessions. Then you will be taken to a jail, detention facility, or police station. Once there you will be alerted of the charges against you and will have the chance to contact an attorney. 

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

If you have been charged with a crime 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!

You risk a lot when you engage in drug use. But what many people don’t know is that having a drug addiction can potentially land you in prison for a high-level felony. Under North Carolina law, an individual commits drug trafficking offense when he or she knowingly manufactures, sells, delivers, transports, possesses or conspires to do any of the aforementioned in regards to a controlled substance. 

Quantity of Drugs in Possession

Whether someone is found guilty of drug trafficking is often dependent upon the quantity of drugs that they have in their possession. The court will look at the type of controlled substance that the individual has in their possession and whether it meets the weight necessary to rise to the level of trafficking. 

Levels of Drugs to Constitute Drug Trafficking

The minimum quantity of a controlled substance that reaches the level of trafficking differs among the type of controlled substance. Here are the minimum levels in one’s possession to be considered trafficking:

• 4 grams of opium or heroin
• 28 grams of amphetamine
• 28 grams of cocaine
• 28 grams of MDPV
• 28 grams of Mephedrone
• 28 grams of methamphetamine
• 50 dosage units of synthetic cannabinoids
• 10 pounds of marijuana
• 100 units of LSD
• 100 units or 499 grams of MDA/MDMA
• 1,000 dosage units of methaqualone

Drug Traffickers Are Not Eligible for Drug Intervention Programs

So, while these amounts can certainly be due to trafficking the respective type of substance, they can also be the result of a severe drug addiction. Also concerning is that if you are charged with trafficking, you would not be eligible to participate in a drug intervention program that may have been available to you if you were charged with possession. While any drug-related charges are serious, those for trafficking are even more worrisome. Your freedom is at risk. 

That’s why it’s so important to consult with a knowledgeable and experienced criminal defense attorney who has experience defending against this type of charge. If you have been charged with drug trafficking that is actually an ongoing drug addiction, you need help more than anything else. 

Attorney Joel Hancock at Hancock Law Firm, PLLC Help Those in North Carolina Who Have Been Charged with Drug Trafficking

If you have been charged with drug trafficking as the result of a serious, ongoing drug addiction, 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!

Animals are so beloved that many people not only have them as pets but also consider them a member of the family. Sadly, not everyone shares in this kindness towards animals. Despite being illegal (and potentially including felony charges) in all 50 states and the District of Columbia, animal cruelty still occurs. Here are the 5 most commonly prosecuted animal cruelty charges according to the Animal Legal Defense Fund.

1. Neglect

Housing an animal takes a lot of care. You must provide food, water, and a safe environment for the animal. Animal neglect occurs when someone fails to meet these basic needs. As with children, severe neglect can result in permanent injury or even death. Many times, we hear about animal neglect in cases of puppy mills in which hundreds of dogs are crammed into small spaces or cages and not given what they require to thrive. While mostly occurring with dogs, cats, and horses, neglect can occur with all types of animals. 

2. Affirmative Acts of Abuse

Unlike animal neglect which is the failure to do/provide necessary things to allow the animal to thrive, affirmative acts of abuse include taking intentional actions for the purpose to injure or kill an animal. An individual does not need to own an animal to be guilty of an affirmative act of abuse. Sadly, these acts of abuse include everything from hitting the animal to setting it on fire. These instances are sometimes tied to domestic abuse situations in which the animals are used as part of the process to control the human victim. For instance, beating the family dog to scare and control a spouse into submission. 

3. Animal Fighting

Animal fighting is one of the oldest (previously) accepted forms of animal abuse. It occurs when people force two animals to fight each other for their own human entertainment. Most of the time animal fighting includes gambling/betting on which animal will be victorious (i.e., kill the other one). It also often involves other crimes such as conspiracy, money laundering, and weapons offenses. While the most common form of animal fighting in the U.S. includes dogfighting and cockfighting, someone can be guilty of animal fighting with any animal. 

4. Abandonment

Another devastating yet common form of animal cruelty is abandonment. Abandonment occurs when someone intentionally discards an animal it owns. This commonly occurs with people leaving their animal on the highway or even in the trash somewhere. Sadly, there has been a major increase in animal abandonment in light of the pandemic with many families leaving their animals behind when their home was foreclosed upon. 

5. Bestiality

While very difficult to talk about, bestiality, or sexual crimes against animals, still occur today. They include individual owners assaulting their animals or even group events held in private at remote locations. Though tough to imagine, bestiality is not expressly illegal in all 50 states. However, it is expressly illegal in North Carolina.

Attorney Joel Hancock at Hancock Law Firm, PLLC Helps Those in North Carolina Who Have Been Charged with Animal Cruelty

If you have been charged with animal cruelty 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!

Sadly, incidents of road rage have increased since the pandemic. With this, allegations of individuals shooting into occupied vehicles has also increased throughout North Carolina. There is a specific law against shooting into occupied dwellings, such as buildings, vehicles, and enclosures. The discharging of a firearm in North Carolina is a felony. 

In an alleged case of shooting into an occupied dwelling, the defendant is not responsible for providing evidence and does not carry a burden of proof. Rather, the state (prosecution carries the burden). The state must establish prima facie elements in order for the case to continue further.

Prima Facie Elements of Shooting into an Occupied Dwelling

These initial elements include the following:

1. The defendant intentionally discharged his or her firearm (it doesn’t require an intent to injure or kill anyone);
2. The discharge was willful and wanton;
3. It went into a property, vehicle, or other conveyance; and
4. Another person was occupying such property, vehicle, or conveyance at the time that the firearm was discharged. 

The Projectile Doesn’t Need to Enter the Dwelling or Injure Anyone

It’s important to note that sometimes it is enough to strike the exterior of a property depending upon the facts and circumstances of the case; It doesn’t always require a penetration of the dwelling. It may be enough to prove that the projectile struck the exterior of a building or something else attached to it. Additionally, the firing of the firearm doesn’t need to cause injury or death. For instance, if someone shot into the porch of a house someone was in, it could be enough for a conviction.

What Constitutes a Dwelling for Purposes of the Law?

There are a variety of places/things that may constitute a property for purposes of shooting into an occupied dwelling. Such “dwellings” include:

• Residence
• Motor vehicle
• Structure
• Equipment
• Erected Enclosures
• Device
• Aircraft
• Public Building
• Private Building
• Conveyance

Since every case is different, it’s important to look at the specific facts and circumstances in order to know how to defend yourself from such a charge. A qualified criminal defense attorney can help you to do just that.

Our Attorney at Hancock Law Firm, PLLC Help Those in North Carolina Who Have Been Charged with Shooting into an Occupied Dwelling

If you have been charged with shooting into an occupied dwelling it’s important that you take the charge seriously. 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!

Taking someone else’s property without their permission is generally punishable under the law. North Carolina takes these types of crimes seriously. The punishment for shoplifting, also known as larceny, is dependent upon the value of the goods that were stolen. 

Larceny Crimes Based on Value of Goods

If the value of the items that were stolen is less than $1,000, it is considered a Class 1 misdemeanor. However, if the stolen goods have a value of at least $1,000, it is considered a Class H felony and charges will be given accordingly. In order for an individual to be charged with either Class of larceny, he or she must have left the premises with possession of the stolen goods. 

While North Carolina separates larceny crimes based on the value of the goods, there are certain types of larceny that automatically constitute felony charges. Such types of larceny include:

• Theft of an explosive device, firearm, or state archive;
• Crimes involving breaking and entering; and
• Theft in which the offender steals something from an individual’s person (an item directly from that person).

It is also illegal to hide items for the purpose of stealing them. However, concealment of merchandise is a separate crime and constitutes a misdemeanor. 

Penalties for Larceny

If someone is found guilty of a Class 1 misdemeanor larceny, he or she will receive between one and 45 days in jail. The actual length is based upon other factors such as the individual’s criminal history as well as the facts and circumstances of the specific case. As for a felony larceny conviction, the penalty is anywhere from four to eight months in prison, also depending on the particular facts and circumstances of the case. 

Those convicted of concealing merchandise (without leaving the premises) will face penalties based upon whether this is a first offense.

For a first offense (Class 3 misdemeanor) they will receive 24 hours of community service. For a second offense (Class 2 misdemeanor) they will receive 72 hours of community service and 72 hours in jail and/or probation. For a third offense (Class 1 misdemeanor) they will receive at least 11 days in jail. 

It’s important to note that aside from these criminal penalties, those convicted of larceny charges will also be subject to civil penalties, such as being required to reimburse the store owner for the value of the goods and/or attorney fees. In some cases, they may also be subject to punitive damages. 

Joel Hancock at Hancock Law Firm, PLLC Helps Those in North Carolina Who Have Been Charged with Larceny 

If you have been charged with larceny or concealing merchandise, you have the right to defend yourself and prove your innocence. 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!

If a protective order for domestic assault has been filed against you, you may be extremely hurt, angry, confused, and wonder what to do next. You may think that the order is inappropriate or uncalled for, you may even think that the individual who filed it lied about what happened and that it is unnecessary. Here’s what to know about protective orders and why it’s imperative that you file one once it’s been filed – no matter how you feel about it.

Types of Protective Orders

There are two types of protective orders:

1.  Ex parte; and 
2. Permanent. 

Ex parte orders allow you the opportunity to present a defense to the order. But regardless of the type of order, never violate it. There are serious consequences if you do.

Ex Parte Order vs. Permanent Order

Under North Carolina law, an alleged victim has the ability to request that a protective order be put in place immediately. Should that immediate order be approved by a judge, it is considered ex parte, or temporary. It will be in effect until the date of a hearing at which the plaintiff, or alleged victim, and the defendant, the person subject to the order, can present their sides to the judge. If the judge sides with the defendant the order is dropped, but if the judge sides with the plaintiff, the order becomes permanent. However, it’s important to note that a permanent protective order is not, in fact, permanent. Generally, a permanent order stays in effect for up to one year. 

What Does a Protective Order Prevent or Require?

When a protective order is filed, a judge has the right to decide what the defendant is allowed to do, what he or she is precluded from doing, and what he or she must do. For instance, a judge can file an order that requires that:

• The defendant has no contact (of any kind) with the plaintiff;
• The defendant must move out of the residence they share with the plaintiff;
• The plaintiff has temporary custody of any children; and/or
• The defendant stays a certain distance from the plaintiff’s place of work, school, or home residence. 

As mentioned, the defendant is required to follow all parts of the protective order until it expires – unless it is renewed by a judge. 

What Are the Consequences of Violating a Protective Order?

It’s important to note that a protective order will not appear on the defendant’s criminal record. However, if the defendant violates the order in any way, it may result in a criminal arrest. Under North Carolina law, a first violation of a protective order is a misdemeanor, with any subsequent violation considered a felony. This can result in a steep fine or even jail time. 

Joel Hancock at Hancock Law Firm, PLLC Help Those in North Carolina Who Have Been Hit with a Protective Order

If you have been hit with a protective order that you don’t believe you deserve, you may have options. If an ex parte order of protection has been filed against you, you have the right to defend yourself and prove your innocence. 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!