All posts by Chris Moreno

Are DWI Records Public in North Carolina?

DWI, ,

If you’ve ever been arrested for anything, it’s very possible that anyone can find it with some online or offline searching. This includes being arrested for a Driving While Impaired(DWI). Therefore DWI records are public in North Carolina.

In  general, criminal records are considered public information throughout the United States. For example in Florida,  every arrest, including court dates, is a public record and easily accessible. Criminal records are available through courthouses as well as “people finder” websites. Using these third-party websites is frequently easier because the information is not limited to availability by locale. Employers may do a search on you if you are applying for a job.

The information from third-party websites can serve as a starting point for anyone looking for a specific record or several records on an individual. However online search sites are not government-sponsored. Availability may vary by the provider and some of the information may not be entirely correct.

Freedom Of Information

Are DUI Records Public in North Carolina?No matter what you’ve been arrested for, including DWI, anyone can learn about your arrest through a public record search unless it’s been expuncted from your record, meaning removed, also called “expunged” in some states.

North Carolina’s Freedom of Information Law allows the public to inspect and examine government-created records. State public criminal records are available in several databases in North Carolina. They are maintained by the courts and law enforcement agencies. These records are also accessible online and allow citizens to request copies for reasonable fees.

North Carolina’s court system also maintains a complete database of charges (arrests) and convictions made in conjunction with law enforcement agencies throughout the state. You can obtain certified copies by mail or in person, or by visiting a local police station.

Wake County utilizes the North Carolina Public Records Law, found at N.C.G.S. Chapter 132, further explains public records. North Carolina requires that public records are to be made available to the public for a nominal cost or for free, as well as via Internet accessibility. Online access to these public records makes things easier for the public and saves Wake County time, money, and resources.

Effects of DWI Arrest

If you’ve been arrested, you will be required to disclose it when asked on employment applications, as well as applications for credit, college, and housing. The exception is if the arrest was expuncted from your record. In the case of DWI, expunction is only possible if the case was dismissed.  Please note, North Carolina does not allow for expunction of DWI convictions.  Be forewarned that if you don’t tell the truth on your application, a background check will certainly reveal the truth for you.

Another direct impact of a DWI arrest is the marked increase in your insurance rates. As a newly branded “high-risk driver,” your rates will increase almost instantly after your arrest. Many companies will refuse to insure drivers who have been arrested for DWI and drop you entirely. However, there are companies that will insure someone who has been arrested, albeit expensively.

Employment

Depending on the type of job you have, it is possible you could be terminated after an arrest for DWI. This is particularly true if driving is a vital part of your job. Bus drivers, truck drivers, delivery drivers, taxi drivers, and other driving-centric jobs may, at the least, suspend you after a DWI arrest.

If you are terminated and need to seek new employment, it is possible to find additional employment. However, you will be ineligible for several different types of jobs, including:

• Jobs in which you’re required to drive
• Military enlistment and other government jobs
• Jobs that require the handling of very confidential information
• Jobs that require working with children, such as daycare and teaching

During an interview, it’s best to wait until asked about any arrests or convictions, but of course, don’t lie. Give a brief description of the circumstances that led to the DWI, what you’ve done since then to correct things, including rehab, and what you learned.
Your DWI defense attorney can advise you on your case and how to proceed with the employment.

Fight The DWI

Dewey P. Brinkley is a former Wake County prosecutor who works to defend DWI cases. He will prepare a strong defense and make sure you receive a fair trial under the law. Contact our Raleigh law office today at (919) 832-0307 (or use our online contact form) for a free consultation. You can also email him at dewey@deweybrinkleylaw.com.

Can I Be Arrested for Marijuana Possession in North Carolina?

Drug Crimes, ,

Marijuana remains classified as an illegal drug on a federal level. However, many states have taken steps to legalize or decriminalize marijuana possession. In North Carolina, marijuana possession remains illegal. If you are caught with marijuana, here are some things that you should know.

North Carolina Laws for Marijuana Possession

Marijuana is considered a Schedule VI substance, which is the lowest of severity for controlled substances in the state. Often, marijuana possession has lighter sentences than more addictive or abused drugs like cocaine, meth, and heroin. Despite this, there are still significant penalties for marijuana possession that should not be taken lightly.

Penalties for Marijuana Possession Vary

The penalties that you could expect to pay for marijuana possession charges in North Carolina depend on the amount found and whether the marijuana was for personal use or with the intent to distribute.

Can I be Arrested for Marijuana Possession in North Carolina?

Misdemeanor Charges

Most personal use marijuana possession charges are misdemeanors. If you’re caught with half an ounce or less, you can expect to pay a $200 fine. For half an ounce to 1.5 ounces, there is a $1,000 fine and up to 45 days of jail time. If you have more than 1.5 ounces, it is considered a felony with up to 8 months of jail time.

Felony Charges

Felony marijuana possession charges with the intent to distribute carry mandatory minimum jail sentences. This means that if convicted, there is a minimum amount of time that you will spend in jail. For this reason, it is important to consult with a drug crimes attorney in North Carolina to build a strong defense.

Some mandatory minimum sentences for marijuana possession in North Carolina:

● Between 10 pounds and 50 pounds has a 25-month minimum sentence and a $5,000 fine
● Between 50 pounds and 2,000 pounds has a 35-month minimum sentence and a $25,000 fine
● Between 2,000 pounds and 10,000 pounds has a 70-month minimum sentence and a $50,000 fine
● More than 10,000 pounds has a 175-month minimum sentence and a $200,000 fine

Other Charges

There are other marijuana possession-related charges that carry hefty fines and jail time in North Carolina. These include:

● Sale or delivery of marijuana
● Sale of marijuana to a minor or a pregnant woman
● Sale of marijuana within 1,000 feet of a child care facility or public park
● Cultivation marijuana plants
● Possession of hash, concentrates, or paraphernalia

The Importance of Intent

Having a large amount of marijuana in your possession does not necessarily mean that you were planning on selling it. A charge for the intent to sell marijuana should include law enforcement officially finding other materials required to distribute marijuana such as plastic bags and scales. If a larger volume of marijuana was found without these other items, your drug crimes attorney could build a case that you did not have the intent to sell or deliver the drug and should have a lesser charge.

Prior Convictions

An important consideration when assessing the penalties for marijuana possession in North Carolina is whether you have a history of prior convictions. If this is your first offense, it will be easier to try to demand leniency than if you have a criminal record. No matter what your background is, you can discuss the impact of those convictions on your current case with a lawyer to determine how to best build a strong case.

Probation vs. Jail Time

The ultimate goal of having an experienced attorney by your side during sentencing is to get leniency. Ideally, you wouldn’t be convicted. However, if you are convicted, your lawyer will argue for probation instead of jail time in a state facility. This might make it possible to continue working and caring for your family even in spite of the conviction. For many people, spending months or years away from family is the worst part. This could potentially help to eliminate that concern.

Consult a Drug Crimes Attorney in North Carolina

All criminal offenses should be taken seriously. The sooner that you involve an experienced attorney in your case, the more options that you might have available to you legally. If you or a loved one have been charged with marijuana possession, contact the Law Office of Dewey P. Brinkley at (919) 832-0307 or by using the online form. You can discuss your case and decide on what to do next during your initial consultation. Dewey P. Brinkley has experience fighting wrongful charges.

Is Open Carry Allowed in North Carolina?

Criminal Defense, , ,

Gun ownership laws are not very restrictive in the state of North Carolina. It is considered an open carry state that is fairly permissive for gun ownership and open carry. It is your constitutional right to own and carry a gun within allowed places within the state, as long as you are 18 years old or older. However, it is still possible to face illegal carry charges.

Here are some things to know about open carry laws for firearms in the state of North Carolina, as well as some restrictions.

What is Open Carry?

Is Open Carry Allowed in North CarolinaOpen carry refers to carrying a fully or partially visible firearm. It is legal in North Carolina for adults that are 18 years old or older without a permit. Open carry is allowed in public spaces, including sidewalks and roads. However, you cannot open carry in schools or in certain government-owned spaces, such as the North Carolina State Capitol.

Open Carry vs. Concealed Carry

While open carry does not require a permit, concealed carry does require a permit. To get a concealed carry permit in North Carolina, you must be 21 years old or older and successfully complete a state-approved concealed carry training course. There are also a few restrictions on who cannot get a concealed carry permit, such as those that are convicted of violent crimes. For out-of-state visitors, North Carolina honors concealed carry permits from other states.

Open Carry in North Carolina Businesses

Open carry laws do not apply to private properties and businesses that do not allow firearms. If private business posts or states that firearms are not allowed, you are not permitted to bring a firearm into the property. (This applies to concealed carry, too). Businesses and homeowners have a right to restrict firearms on their properties.

There are also some business-level distinctions when it comes to open carry versus concealed carry. According to the Giffords Law Center to Prevent Gun Violence, you cannot open carry at a parade, funeral procession, or protest. You also cannot open carry where alcohol can be purchased or consumed, or at an assembly where you’ve paid a fee. You can concealed carry with a legal permit in these instances, however.

There are some caveats to this law. The notice must be conspicuously placed or you must be otherwise notified if a private business does not allow firearms. It cannot apply retroactively, where you are later informed that firearms were not allowed in a place that you’ve already been.

Open Carry Laws in North Carolina Schools

It is against the law in North Carolina to open carry or concealed carry a firearm on any educational property, including public and private schools, colleges, and universities. This also covers extracurricular activities sponsored by an educational institution, even if the activity takes place off of school grounds. This means that if the school-sponsored activity takes place in a public space where firearms are normally allowed, you still cannot carry them at the event.

No Specific State-Level Legal Statutes

It is worth noting that there are not any specific state laws in North Carolina restricting open carry in hospitals, sports venues, casinos, or polling places. There might be other restrictions in place for these facilities, such as if polling takes place at a school. It is worth checking the policies of these facilities before visiting them to ensure that open carry is allowed.

Carrying to Create Public Terror

Even though you are allowed to open carry, you are not allowed to carry a firearm with the purpose to invoke terror. It is considered a common-law offense that’s a Class 1 misdemeanor if a person arms themself with a dangerous and unusual weapon for the purpose of terrifying others in public spaces.

Permit to Purchase a Firearm in North Carolina

Counties are responsible for processing applications for permits to purchase firearms. If you do not have a concealed carry permit, you need a permit to purchase a firearm before you are able to legally purchase one. In addition, there aren’t many restrictions on what kind of firearm you can buy or carry. There are no state-level restrictions on semi-automatic firearms. There are no capacity or caliber restrictions in place at the state level.

Consult a Criminal Defense Attorney in North Carolina

If you have been arrested for carrying illegally, contact the Law Office of Dewey P. Brinkley at (919) 832-0307 or by using the online form. There is no cost for the initial consultation. Dewey P. Brinkley has experience fighting wrongful charges.

Defense Against Disorderly Conduct

Criminal Defense, ,

Disorderly conduct charges are serious and can cause you to have a criminal record. This can have severe ramifications on your life, whether it comes to a background check for employment or getting approved to rent an apartment. Since you can be charged with disorderly conduct for unintentional or relatively minor actions, it is imperative that you do everything within your power to defend yourself against disorderly conduct charges. Here are some things to know about defense against disorderly conduct in North Carolina.

Examples of Disorderly Conduct in North Carolina

Defense against Disorderly ConductAccording to North Carolina § 14-288.4, some types of recognized disorderly conduct charges include:

● Fighting
● The threat of fighting or violence
● Abusive language or gestures
● Seizing control of a school without the authority to do so
● Refusing to leave a building when asked
● Disrupting the education process or peace
● Disrupting a funeral service

Penalties for Disorderly Conduct

The penalties for a disorderly conduct conviction can be severe and impact your ability to live your life the way that you want to in the future. Some of the penalties you may face are:

Fines

If convicted of disorderly conduct charges, you could have to pay a fine. The amount of the fine depends on the severity of the conduct and the judge’s sentencing.

Jail Time

It is possible to face some jail time for disorderly conduct. This will depend on the nature of the charges. While not all disorderly conduct charges have jail sentences, it is a possibility.

Criminal Record

The worst penalty for a disorderly conduct conviction is having a criminal record, especially if your actions that led to the disorderly conduct charge were minor. A criminal record follows you for the rest of your life and can make it difficult to find a job, move to a new apartment, or emigrate to another country. Since you can get a disorderly conduct charge for defending yourself or for being too loud in the wrong place, having this weight of a criminal record on your shoulders for the rest of your life is a tremendous problem to have.

Possible Legal Defense for Disorderly Conduct Charges

It is important that you build the strongest legal defense possible against any charges of disorderly conduct. Your criminal defense lawyer will work with you to decide on the right approach. In general, there are three types of legal defenses for disorderly conduct: self-defense, freedom of speech, or involuntary actions.

Self Defense

If you got into a fight with another person, it is possible to argue that you were defending yourself. If the other party started the fight, it can be a reasonable defense to say that you were trying to protect yourself and end the fight. If you have a witness that saw the other person start the fight, this can strengthen your claims to self-defense.

Freedom of Speech

For disorderly conduct charges related to offensive language or being loud, it is possible to build a Freedom of Speech defense. The United States Constitution protects the freedom of speech under the First Amendment. If you were expressing your feelings, it is within your right to do so. This is the most common legal defense for disorderly conduct charges that relate to being loud or saying things that might offend another person.

Involuntary Actions

If you have a medical condition that causes you to act in a way that you don’t have control of, you could build the defense of involuntary action. For instance, if you have been diagnosed with the neurodevelopmental disorder known as Tourette’s syndrome, you might have a vocal tic that causes you to say profanities. If you have a mental health condition that causes you to be mentally unstable or hallucinate, your lawyer could also argue that you were not responsible for your actions.

Contact a Raleigh Criminal Defense Attorney

Every legal case is unique and requires a personalized defense that takes into account the specific circumstances of what happened. If you or a loved one need legal defense against disorderly conduct, it might be time to speak with a Raleigh criminal defense attorney to discuss your defense options to know how to proceed with your case.

Dewey P. Brinkley is an experienced criminal defense attorney. He understands the criminal justice system and what it takes to build a strong legal defense. Contact the law office of Dewey P. Brinkley today for a free consultation to discuss your case at (919) 832-0307 or filling out our online contact form.

When Accused, Don’t Talk to Police

Criminal Defense, ,

You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney and if you cannot afford one, one will be appointed for you. This well-known statement is the Miranda warning that people hear when they are being arrested.

Most people have only heard this line on TV or in movies. If law enforcement says this to you, take this very seriously. Anything you say really is going to be admitted into court.

What It Means

You are going to be questioned about your involvement in something. Whether or not you are arrested depends on what you do next.

When Accused, Don't Talk to PoliceOnce a law enforcement officer indicates that he or she would like to talk to you, be polite and respectful, then clearly state two things:

• I am now invoking my right to remain silent
• I want to speak to an attorney

It is imperative that you speak immediately to invoke your right to silence. You need to state that you are invoking your right to remain silent.  If you do not, it will be considered a waiver of your rights and the police will continue to question you and any more statements will become part of the case. Once you have stated you are remaining silent as is your right, at this point all questioning stops until you are allowed to confer with an attorney of your own choosing or one provided for you. If pressed to continue the conversation, clearly state that you do not want to speak to them and will refuse to answer any questions until you speak to an attorney. Be polite but clear, and do not continue speaking if they keep questioning.

If you are approached by a police officer. In North Carolina, you are not required to provide your name or produce any identification. The exception is if you are driving a motor vehicle. Then you are required to produce your driver’s license, registration, and insurance information upon request. For any other questioning, ask to speak to an attorney.

Why You Shouldn’t Speak to Police Right Away

Even if you are innocent, interactions with police should only occur after consulting with a qualified criminal defense attorney. Chances are that you don’t know what they have in mind. Even if you are driving, stop, once you give them your name and driver’s license, and basic information, you are not required to answer any questions. You should respectfully decline those questions without an attorney present.

No matter what the circumstances, police officers are trained in interrogations, and will say anything to get you to admit to anything, even if it isn’t necessarily the truth. They will also take seemingly innocent statements and turn them into something more insidious, leading to statements that indicate you are lying, or that you’re guilty of a crime when you aren’t. The American Civil Liberties Union (ACLU) offers these tips on what to do should you find yourself unexpectedly speaking with the police.

What If The Police “Just Want To Talk?”

If you receive a phone call from a police officer or a law enforcement agent that says, “we just want to talk to you,” this is not a casual conversation. This means they are about to file serious charges against someone, possibly you.

You may be a witness, but they believe you may be a suspect. You are under suspicion, or an arrest may be imminent. Immediately speak to a lawyer before speaking to the police.
Police are given wide latitude when it comes to investigations. This means that they could say anything, true or not, and frequently do. The purpose is not to get to the truth, but to gather evidence and deceive you into believing that they just want to have a conversation.

Should the police show up at your home without a warrant, do not open the door or let them in. Invoke that same right to remain silent. You do not have to offer identification, answer questions, or tell them who is inside. Without a warrant, you are not required to let them in without a warrant. But once you are outside, they may be able to legally search and arrest you.

Don’t fall into the trap of believing that contacting a lawyer for yourself will “make you look guilty.” You have the right to defend yourself and to protect your own rights. Even if you believe that you’re just answering questions, law enforcement is allowed to lie and tell half-truths in order to get you to talk to them, never disclosing the point of their investigation.

Before You Speak to Police, Speak With Raleigh’s Criminal Defense Attorney

You have the right to speak to an attorney before being questioned by police. Dewey P. Brinkley is an experienced criminal defense attorney in Raleigh, NC. Before working as a defense attorney, he was a Wake County Assistant District Attorney. He understands the criminal justice system and how to handle police questioning and interrogations.

Call the law offices of Dewey P. Brinkley today for a free initial consultation to discuss your case at (919) 832-0307. You can also email us  using our online contact form.

Can My DWI Record Be Expunged In North Carolina?

DWI, ,

Whenever someone says, “background check,” you may be nervous about what they might find especially a DWI.  Whether it’s for a job, an apartment, or some other important event, you probably won’t want them to find it, but they likely will. If one of those discoveries is a DWI, the process might unfortunately end there. So sometimes getting a DWI record expunged is worth looking into.

So the questions remains “Is it possible to have a DWI expunged here in North Carolina?” Yes, but it depends on the circumstances. 

What Is An Expungement/Expunction?

This is when a judge orders a criminal record sealed so that it is not publicly available. This means that a criminal record would not show up in any type of background check or other publicly available checks.  However, prosecutors would still be able to access these records. For someone with a previous misdemeanor record, an expungement -also called expunction – means that they can answer the question, “do you have a previous criminal record?” with “No.”

Getting Rid Of A Record

Can my DWI Record be Expunged in North Carolina

Due to changes in the law, there is no limit on the number of expunctions you can request for both misdemeanors and felonies. However, there is a waiting period of five years for misdemeanors and ten years for felonies before requesting any expunction.

Under NCGS 15A-146, it is possible to have a felony conviction expuncted if:

• You don’t have another current felony conviction on your record
• The court and/or DA dismissed your case
• You were acquitted at trial by a jury

Misdemeanors are also eligible for expunction if the case was dismissed, or you were acquitted at trial by a jury. There is no fee to file this petition. Other cases involving a conviction will require a $175 filing fee for the petition. Expunctions take between nine and twelve months to complete.

If you were charged with DWI but not tried, the charges were dropped, your case was dismissed, or you were acquitted (found not guilty) at a jury trial, a DWI can be expuncted as any other type of charge meaning that in these circumstances, a DWI record be expunged.

When A DWI Cannot Be Expunged

A conviction for DWI is not eligible for expunction in North Carolina. The North Carolina legislature changed the laws surrounding expunction in 2015 so that a DWI conviction cannot be expunged or expuncted from anyone’s record. That’s why it’s important to have a strong defense when facing DWI charges heading into court, so you’ll have a better chance of a “not guilty” verdict or having your case dismissed.

For a single incidence of DWI in North Carolina, there is a seven-year “lookback period” for both in-state and out-of-state convictions. Felony habitual DWI carries a 10-year “lookback period.” This means that for the person arrested today for DWI, a judge could look up their record for ten years and include those previous charges to increase the penalties, such as jail time and fines.

However, if more than seven years have passed since the previous DWI, the current DWI is treated as a “first” offense.

Seeking Expungement?

Even if your case was dropped, dismissed, or you were acquitted, the process of eliminating it from your record is not automatic. You must file a petition to request expungement. Because it’s complex, an experienced criminal defense attorney in Raleigh can help you clear your record.

As a former Wake County prosecutor, Dewey P. Brinkley has helped thousands of clients and successfully defended many in DWI cases. Contact our Raleigh law office today at (919) 832-0307 (or use our online contact form) for a free consultation.

“It was Just a Joke”—Was it a Criminal Threat?

Blog, Criminal Defense, ,

“I’ll get you for that.”
“Maybe you’ll have an accident on the way home.”
“How would you like it if I. . . .?”
“I’m gonna come to the house and beat the **** outta you!”

Was it a “joke” or a criminal threat? There are times when interactions with others lead to words that probably should not have been uttered, but are. From financial disputes to domestic situations, many people say things they don’t really mean.

You may have been just letting off steam, but that doesn’t mean the recipient understood that. Whether you make the statement in person, on the phone, by email or text, or post them on social media, the other person may not find it as amusing.

Strong statements that include threats of violence during heated conversations may lead the other person to believe that you’ll carry through on those threats. At that point, the statement crosses the line into criminal behavior.

What North Carolina Law Says

"It was Just a Joke"- When Threats are Consider CriminalNorth Carolina General Statute 14-277.1 states that communicating any threat is a Class 1 misdemeanor. This includes:

• Threatening the individual, their child, or other family members, or the threat of property damage
• The threat is communicated to the other verbally, in writing, or by any other means
• The person issuing the threat does so as to make the other person believe that it is genuine
• The recipient of the threat believes the threat to be genuine and will be carried out
The courts do not require actual proof or witnessing any threatening movement, such as making a fist or swinging at someone.

Punishment for communicating threats includes 120 days in jail and a fine at the discretion of the judge. Oddly, simple assault is a Class 2 misdemeanor. This means that the courts have a stronger punishment for someone who threatens to strike someone than the person who actually does hit someone.

What About False Accusations?

Unfortunately, it’s fairly easy to accuse someone of communicating a criminal threat, even without evidence or proof. This happens sometimes in divorce cases that are not amicable. One party may accuse the other of communicating a threat in an attempt to “get the upper hand.” But it’s more likely that the false accusation will eventually backfire once it gets to court. If you are the party falsely accused of communicating threats of violence, it’s vital to seek immediate legal representation to defend you against the charges.

NOTE: The information in this blog should not be considered to be a substitute for the advice and counsel of a North Carolina criminal defense lawyer. If you have been charged with any crime, you should immediately speak with a criminal defense lawyer to learn about your options and how to go forward.

Criminal Defense Attorney For Communicating Threats And Other Charges In Raleigh

Because it’s so easy for someone to accuse a person of communicating a criminal threat or threats, you need to act quickly before a court date—and before anything else happens.

Dewey P. Brinkley is an experienced criminal defense attorney in Raleigh, NC with a proven track record of defending clients against criminal charges. If you’ve been charged with assault with a deadly weapon, contact him immediately to begin building your defense.

Call Dewey P. Brinkley today for a free initial consultation to discuss your case at (919) 832-0307.  Or you use our online contact form.

Was I Resisting Arrest?

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During interactions with police officers, most advice involves complying with the officer’s requests. You are required to give your name and provide your identification to the officer. However, you aren’t required to answer any more questions, no matter what the officer says. Raise your hands, speak politely, and don’t do anything that would make an officer believe they are in any type of danger. Request an attorney’s presence to answer any additional questions.

Even with polite interactions, things don’t always turn out the way we hope. You may not have said “no” to a police officer, but you’re being charged with something called “resisting arrest.”

So the question we have to answer is: did you resist an arrest?

North Carolina Law

North Carolina General Statutes, Article 30, Section § 14-223 states that:

Was I Resisting Arrest?“If any person shall willfully and unlawfully resist, delay or obstruct a public officer in discharging or attempting to discharge a duty of his office, he shall be guilty of a Class 2 misdemeanor.”

Whether you resist arrest or interfere with an officer who is arresting someone else, you can be charged. In fact, anytime someone interferes with a police officer during their normal course of duty, a person can be charged with “resisting arrest.” Police have a wide berth with this charge, and they are given a certain amount of leeway when arresting someone.

How You “Resist Arrest”

This charge isn’t only about running from or fighting a police officer. Actions such as:

  • Directly questioning the officer
  • Giving a false name and address to an officer, or other incorrect information
  • Declining a ticket when the officer hands it to you
  • Using rude and insulting language
  • Inhibiting an officer from carrying out their job-related duties
  • Physically moving away from the officer when approached, even in a non-threatening manner

may result in a charge of resisting arrest. If you are arrested for something different, resisting arrest can be added on if you actually do, whether or not you’re innocent of the other charge.

Defending Yourself Against Resisting Arrest

Should you find yourself the target of resisting arrest, there are defenses that you and your attorney can use, including:

  • False accusations, such as arresting you for something you are innocent of, just because the officer believed it
  • Unlawful arrest, with an arrest under a false accusation, or the officer otherwise exceeds his or her authority
  • Defending yourself from excessive force, when an officer oversteps his or her ability to use some force in the course of an arrest

Work with an experienced criminal defense attorney before going to court to ensure you have the best defense.

State v. Humphreys

In this case, a mother arrived to observe her daughter’s car while a police officer searched after an alert by a police drug-sniffing dog. During the search, the police officer told the woman where to stand while she observed, and not to interfere. She informed the officer, “I’m not breaking no law.” She also used foul language during the encounter but did not interfere with the search, with students going to class, or with the school in general. She told passing students that they were about to witness “an unarmed black woman get shot.” Eventually, the woman was charged with disorderly conduct and resisting arrest.

At trial, the defendant requested that the charges be dropped for lack of evidence, but was denied by the court. She appealed, and the Court of Appeals eventually found that questioning the officer was not enough to constitute interference. She believed that she had the right to observe the officer’s actions, and contesting the search that she believed to be unlawful. The Court found that there was no substantial evidence to the officer’s claim of resisting, delaying, or obstructing the officer’s duty.

Contact Raleigh’s Criminal Defense Attorney For Resisting Arrest

Dewey P. Brinkley is an experienced criminal defense attorney in Raleigh, NC. Before working as a defense attorney, he was a Wake County Assistant District Attorney. He understands the criminal justice system and can handle resisting arrest as well as other criminal charges.

Call the law offices of Dewey P. Brinkley today for a free initial consultation to discuss your criminal defense case at (919) 832-0307 or use our online contact form.

The Penalties For Arrest For Underage Drinking In North Carolina

Criminal Defense, DWI, ,

North Carolina has some of the strictest laws for underage drinking, with zero tolerance. Carrying alcohol, even an unopened container, is also an offense for which a minor can be ticketed. The exception is for those employed by someone with a valid liquor license, such as a driver for a company that makes and delivers alcoholic beverages.

The legal age for the purchase and consumption of alcohol is 21, without exception. This includes minors at home with their parents, or at a private party with their parent’s permission.

Although the legal limit for blood alcohol content (BAC) is .08% for adults, any amount of alcohol for anyone under the age of 21 is grounds for a ticket and a possible conviction.

Penalties

The Penalties For Arrest For Underage Drinking In North CarolinaNorth Carolina has strict penalties for those arrested for underage drinking, including:

  • Jail time, up to 120 days
  • Loss of driver’s license
  • Fines and monetary penalties, from $200 to $500, as well as court costs
  • Requirement for community service from one to thirty days
  • Requirement of alcohol and/or substance abuse courses
  • If the drinking occurred on campus, the university or other academic institution may impose additional penalties

If an individual has a prior criminal record of any kind, the penalties can be even more stringent. The overall costs for such an arrest and conviction can be substantial.

Most underage drinking tickets are considered misdemeanors. If the individual were driving under the influence, the charge would escalate to DWI, with substantially higher consequences.

Aiding & Abetting

While someone under 21 may not be able to purchase alcohol, sometimes friends old enough may purchase it on their behalf. This, too, is a Class 1 misdemeanor, with penalties of:

  • Revocation of a driver’s license for one year
  • Fines of $500
  • 25 hours of community service
  • Possible jail sentence

A second conviction of Aiding and Abetting within four years of the first conviction can lead to fines of $1,000 and 150 hours of community service.

Consequences Of Conviction

Even though the ticket is a misdemeanor, a conviction has serious, long-term consequences that can last for many years, including:

  • A criminal conviction that appears on every background check for employment
  • Limits on types of employment, since most employers perform criminal background checks
  • Loss of employment, in some cases
  • Limits on student financial aid and less available education
  • Loss of public housing and public assistance benefits
  • Denial of professional occupational licenses if the crime is directly related to the occupation, such as nurses or pilots
  • Limitations on housing, both rental and for purchase
  • Possible loss of the right to own a firearm
  • Inability to get security clearances for employment

These are in addition to the sanctions imposed by the court.

The UNC School of Government offers this free tool that explains collateral consequences under North Carolina’s law. While it does not offer legal advice, it can give an idea of the type of consequences you could face with a conviction.

Defense For Underage Drinking Charges

A charge of underage drinking is not a minor offense and can bring serious consequences. If you or your child have been charged with underage drinking, you need the help of an experienced criminal defense attorney. Without legal help, you could be facing serious, long-term consequences.

Dewey P. Brinkley is an experienced criminal defense attorney in Raleigh, NC with a proven track record of defending clients against criminal charges. If you’ve been charged with assault with a deadly weapon, contact him immediately to begin building your defense.

Call Dewey P. Brinkley today for a free initial consultation to discuss your case at (919) 832-0307. You can also email us by using our online contact form.

Assault With A Deadly Weapon Penalties in the North Carolina Courts

Criminal Defense, Felony Offenses, Misdemeanor, ,

Most assault cases are misdemeanors in North Carolina. Assault can be a serious charge by itself. Add in anything that can be considered a deadly weapon, and a misdemeanor charge escalates into a felony charge immediately, even if no one was hurt. The reasoning is that the involvement of a weapon greatly increases the chances that a victim will be seriously hurt or even killed.

There are multiple levels of “assault” in North Carolina, both misdemeanor and felony. If you’ve been arrested and charged with assault with a deadly weapon, these are felony charges with serious consequences.

The Charge

There are three ways that someone can be charged with Assault With A Deadly Weapon in North Carolina:

  • Assault With A Deadly Weapon Penalties in the North Carolina CourtsWith the intent to kill, in which serious injury is inflicted, a Class C felony
  • With intent to kill but no serious injury is inflicted, Class E felony
  • Inflicting serious injury, a Class E felony

Intent to kill is established by the actions and words of the assailant that he or she clearly meant to kill the victim, even if they did not.

A “serious injury” is one that:

  • Permanent and serious disfigurement
  • Long-term/permanent pain
  • Long-term/permanent impairment
  • Loss of function of a body part or organ
  • Long-term hospitalization
  • Comatose condition or significant risk of death

One particularly important point is whether the alleged victim actually suffered injuries that could be considered serious. A defense attorney will seek to prove that the other party did not suffer major injuries or any injuries at all.

What Is A “Deadly Weapon?”

As you might imagine, guns, knives, blunt objects, and other items are considered deadly weapons, but the statute doesn’t have a strict definition. So everyday objects used in a deadly weapon case that results in someone’s death will fit that definition.

This means that picking up anything that’s handy and using it as a weapon will still be considered as a “deadly weapon,” even if it isn’t a firearm. If during an assault, for instance, a person picks up a cast-iron pan, a baseball bat, a fireplace poker, or a hand-sized object made of glass or marble to strike someone, the object becomes a deadly weapon. No matter what the object, its weight, size, and/or shape can cause serious injury or even death if used against someone the right way.

Sentencing And Penalties

A sentence will depend on the class with which the person was charged.

  • Class C felony for Intent To Kill with serious injury: between 44 and 231 months, or 3.6 years to 19.25 years.
  • Class E felony for inflicting serious injury or intent to kill without injury: between 15 and 88 months, or 1.25 years to 7.3 years. However, prior convictions can increase the sentence as high as 182 months or 15.2 years.

Additionally, there are fines, court costs, restitution to the victim, probation, and other miscellaneous penalties. You may also be sued in civil court for financial damages as a personal injury or other types of case.

Criminal Defense Attorney Dewey P. Brinkley In Raleigh

Assault with a deadly weapon is a serious crime that can include a long-term jail sentence. If you’ve been accused of this crime, it’s important to find someone to defend you in court who has your best interests in mind. Your future, your life, and your rights are on the line, so it’s important to begin working with a criminal defense attorney who will work for you.

Dewey P. Brinkley is an experienced criminal defense attorney in Raleigh, NC with a proven track record of defending clients against criminal charges. If you’ve been charged with assault with a deadly weapon, contact him immediately to begin building your defense.

Call Dewey P. Brinkley today for a free initial consultation to discuss your case at (919) 832-0307. You can also email us by using  our online contact form.