Tag Archives: defense attorney in raleigh

Raleigh Defense Lawyer Talks Successful Felony Defenses (Video)

This is Part 2 of our weekly North Carolina Criminal Defense video blog: “Raleigh Defense Lawyer Talks Successful Felony Defenses.”


I’ve represented clients charged with murder, felony sex offenses, robbery with a dangerous weapon, kidnapping, and assault with a deadly weapon with the intent to kill. I’ve tried all of those types of cases before a jury here in Wake County. I’ve tried probably at least 30 felony trials where the offense was what we consider a Class A through E felony.

What You Should Expect When You Hire a Raleigh Criminal Defense Attorney

When you’re arrested for an alleged crime by North Carolina law enforcement, you may feel devastated, frustrated, or just downright angry. However, it’s essential to remember that an arrest doesn’t mean you’re guilty, and you still have a battle in courts to prove your innocence, get the charges dropped, or seek reduced or alternative sentencing.

For this reason, it’s critical to contact an experienced Raleigh criminal defense attorney soon after you’re arrested. The main benefit of an attorney is the comprehensive representation you’ll receive, a diligent protection of your rights, and an advocate who’ll seek legal solutions. If you’ve been arrested, it’s important to not hesitate and contact one of Raleigh’s leading criminal defense lawyers by calling attorney Dewey P. Brinkley today at (919) 832-0307.

Why You Need a Criminal Defense Attorney

If you are looking at serious penalties, jail time, or other legal repercussions from an alleged crime, you’ll want the best criminal defense attorney fighting for you.  If facing criminal prosecution, your defense attorney can help you understand some fundamental things, including:

  • The nature of the charges filed against you
  • The available defenses
  • What plea bargains are likely to be offered
  • What you can expect after trial or a conviction

Criminal defense attorneys, like us at the Law Office of Dewey P. Brinkley, have substantial experience in a wide variety of criminal cases, including felonies, misdemeanors, DWIs, drug crimes, white collar crimes, sex crimes, and more. As such, no matter the unique circumstances that led to your arrest and alleged charges, an experienced defense attorney will aim to:

  • Reduce a criminal charge to a lesser offense
  • Lessen the severity of the punishments
  • Reduce or eliminate jail time
  • Develop a sound defense strategy

How a Criminal Defense Attorney Can Help

As your actual lawyer, the criminal defense attorney has many roles to more effectively achieve the desired result. In short, your attorney will do more than just cross-examine witnesses that the prosecution calls to the stand. Some of the other tasks that your lawyer may conduct can include:

  • Working with you and the prosecutor to negotiate a “deal,” also known as a plea bargain, to reduce or eliminate some or all of the charges filed against you.
  • Helping to determine a positive sentencing program in case you’re sentenced guilty. For instance, instead of spending 10 months in prison, your attorney can argue for 6 months in prison and 4 months in a rehabilitation center, for instance.
  • Helping you with the difficult emotions associated with a criminal trial.
  • Providing a reality check that includes important insights into how the trial is going and what you can actually expect to happen in the near future.
  • Pointing out essential legal rules and regulations that you might now know about.
  • Explaining some of the hidden consequences associated with pleading guilty.
  • Gathering statements, testimony, and evidence from witnesses that are to be called by the prosecution.
  • Finding and hiring investigators to investigate the alleged crime.
  • Finding and hiring expert witnesses that can show evidence or make the prosecution’s case less credible.

Call the Law Firm of Dewey P. Brinkley Today

When you call the Law Office of Dewey P. Brinkley, we’ll begin working on your case immediately. Together, we’ll go through the events leading up to your arrest, step by step, and search for any pieces of evidence, violations of your rights, and more. Our fundamental goal is to prove your innocence or, if you’re guilty and the evidence is thoroughly stacked against you, seek alternative or reduced punishments.

Time is often in short supply in these cases, so it’s important to act quickly. For your free consultation with attorney Brinkley, call our Raleigh law firm today at (919) 832-0307.


Yes, You Can Be Ticketed For Texting And Driving – Even If You’re Not Moving

At the Law Office of Dewey P. Brinkley, people from all over Raleigh and Wake County call us or stop by our office with questions regarding traffic law in North Carolina. One comment that we often hear (surprisingly) is, “I was ticketed for texting and driving, but I wasn’t even moving.” In North Carolina, it is not illegal to use a cell phone while driving (except in certain circumstances), but the state has banned all texting while driving.

Raleigh NC Texting While Driving Attorney | Dewey Brinkley Law

If you were ticketed for texting and driving, you can benefit by calling the leading Raleigh traffic attorney, Dewey P. Brinkley. We will work closely with you, one-on-one, to try and mitigate the consequences of this ticket, and we provide professional service while protecting your interests. For a free, no-obligation consultation with Raleigh defense attorney Dewey Brinkley, call our law firm today at (919) 832-0307.

Texting and Driving Laws in North Carolina

In North Carolina, there is no law banning mobile, hand-held phone use while driving, except for drivers under 18 years old and school bus drivers. However, the State of North Carolina bans all texting while driving, and if a police officer sees you texting (or emailing, messaging, etc) while driving, then the police officer can pull you over and issue a citation.

It is important to note, that in an attempt to reduce and eliminate driving while texting (which is said to be almost as dangerous as driving while impaired), police officers can give you a ticket for texting while driving even if you aren’t moving. The specific statute regarding this law is § 20-137.4A, and it states:

  • “It shall be unlawful for any person to operate a vehicle on a public street or highway or public vehicular area while using a mobile telephone to:
    • (1) Manually enter multiple letters or text in the device as a means of communicating with another person; or
    • (2) Read any electronic mail or text message transmitted to the device or stored within the device, provided that this prohibition shall not apply to any name or number stored in the device nor to any caller identification information.

In other words, if you are looking at your phone in your lap, or simply have your phone in your hand, then a police over may be able to pull you over on the grounds you were texting and driving. In some cases, police officers may issue a ticket for reckless or careless driving, as opposed to texting while driving.

However, and this is important, the law doesn’t apply to GPS, apps, and games. This somewhat muddies the differences between texting and, for example, setting a destination in your GPS. Technically, to charge you for this traffic violation in a court of law, the judge would have to prove that 1) you were using the smartphone and 2) you were conducting text-based communications.

Contact the Law Office of Dewey P. Brinkley

There are many nuances to this law, and, in some cases, it can be difficult to prove that you were, in fact, texting while driving. Nonetheless, if you weren’t moving (aside from being lawfully stopped or parked), you can still receive the ticket. If found guilty, you could be facing a $100 fine and the costs of the court. If you’re a school bus driver, as defined in G.S. 20-137.4(a)(4), and you were caught texting while driving, you could be facing a class 2 misdemeanor.

If you were pulled over and ticketed for driving while texting, whether you were moving or not, make sure to call the Law Office of Dewey P. Brinkley as soon as possible. We offer professional, experienced-backed criminal defense. Call our Raleigh law firm at (919) 832-0307 for a free, no-obligation consultation.