Category Archives: Blog

The City of Raleigh North Carolina

The city of Raleigh is known as the City of Oaks and is named for Sir Walter Raleigh, the famed English explorer from the Queen Elizabeth I’s reign. As the 2nd most populous state in North Carolina, and the 41st most populous in the US, Raleigh is one of 12 cities within Wake County. It’s been the capital city of North Carolina since 1792.

Raleigh one of the fastest-growing cities in the US, and has a population of 474,069 (as of the 2020 census.)

Education and The Research Triangle

Raleigh, North Carolina, USA downtown
Raleigh, North Carolina, USA downtown city skyline

One of the things Raleigh is known for is the number of educated people that live here. There are twelve universities to choose from, and a wide range of industries that call the Raleigh area home.

The Research Triangle, also called simply “The Triangle” came about in the 1950s after the creation of Research Triangle Park. It is named for the three hub cities of Durham, Raleigh and Chapel Hill. The area contains North Carolina State University, Duke University, and the University of North Carolina at Chapel Hill, with the three cities as the boundaries. The area is also home to 13 other universities, as well as multiple high-tech companies that draw residents in from around the country.

Raleigh has slowly welcomed a fair amount of people from around the country, moving to this vibrant city. Since 2020, the entire Triangle area has quietly seen an increase in population, particularly in the suburbs. Raleigh is the tenth most popular city for moving to. While many folks move in from nearby Charlotte and Durham, a fair amount come from New York City. When the pandemic kept people out of the office, many people took their work from home jobs with them when they moved here.

The area boasts a strong infrastructure and affordable housing when compared to other major cities. And the central location means that many major cities are a car ride or a short plane ride to visit. For people with families, Raleigh also has some of the best school systems available. Nationwide, the state ranks midway through the list of best schools.

Things To Do

The area boasts three major state museums: art, history, and natural sciences, and all three are free to visit. Raleigh also has a diverse art scene, complete with touring Broadway shows, the Carolina Ballet, the North Carolina Opera, and NC Symphony.

Foodies have a variety of places to sample and enjoy local fine cuisine any night of the week. Three wineries, two distilleries, and nearly 30 craft breweries offer some of the finest local artisan spirits available. Bustling shopping and nightlife in the downtown area also offer an enjoyable time.

The Carolina Hurricanes are the state’s NHL (hockey) team, and baseball fans can enjoy the Carolina Mudcats Low-A baseball games. Soccer fans can enjoy North Carolina FC men’s or North Carolina Courage women’s pro soccer at the WakeMed Soccer Park. College athletics abound, and stock car racing is also a local favorite.

North Carolina’s Court System

The Tarheel State has a more simplified court system than other states, starting with:

• Legislative
• Executive
• Judicial

The third branch is the one that handles constitutional interpretation, as well as crime and punishment. Judicial is divided into three parts of its own:

• Appellate Division
• Superior Court Division
• District Court Division

Everything is handled at the state level, and there are no local courts. Most people who are arrested and charged with a crime have a trial at the state level. However, the federal court handles crimes and matters on that level, including crimes committed across state lines, on federal land, or are otherwise interstate.

District and superior courts handle crimes and civil matters up to $25,000. The appellate division and the state Supreme Court handle only appeal cases and questions of law and whether a case was properly handled.

Even though the court system is more streamlined than in other states, managing your way through a proceeding can be difficult without the right legal counsel. If you’ve been accused of a crime in the Raleigh/Wake County area, you need a top criminal defense attorney familiar with the Wake County’s court system. It is strongly suggested that you don’t attempt to defend yourself,  especially if a major crime. You could lose your case and go to jail and have a permanent criminal record that will follow you around forever.

Call an Experienced Wake County Criminal Defense Attorney

Dewey P. Brinkley has earned a strong reputation in Raleigh, North Carolina as reputable Criminal Defense attorney. Do not hesitate to hire a knowledgeable and experienced criminal defense attorney right after your ticket or arrest. He can help you or your loved one defend themselves against DWI charges, misdemeanors, and serious felony offenses.

Dewey P. Brinkley is the criminal defense attorney you may need. Before working on the defense side, he was a Wake County Assistant District Attorney. His  understanding of the Wake County criminal justice system enables him to handle minor crimes to the most serious felony charges. If you are accused of any crime, Dewey is ready to help.

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

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

“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?

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.

What Are The Different Types Of Defense Lawyers In Raleigh?

When you are in need of legal defense, it’s important to choose the right lawyer for your needs. It’s not enough to hire a relative or ask around until you find someone. There are different types of defense lawyers and when you’re a defendant, a lawyer with hands-on, specific experience in your type of case is key to the best outcome.

Even with a referral, it is important to not only find someone who can defend you in a legal action, but also the right one for your type of case. Here, we’ll discuss four different types of defense attorneys you may need, depending on your situation.

Civil Litigation Defense Lawyers

What Are The Different Types Of Defense Lawyers In Raleigh?Also called trial lawyers, these attorneys defend people and companies who have been sued. In some cases, there is money involved. Lawyers who deal with civil litigation cover many fields of civil law, including:

  • Personal injury cases such as car accidents
  • Mass torts and class action lawsuits
  • Commercial law
  • Business disputes, such as breach of contract
  • Trust & estate litigation such as contested wills

Representing defendants, civil litigation defense lawyers may also have a specific type of law that they practice, such as estate litigation or insurance defense.

Family Law

While most people think that a family law lawyer means a “divorce lawyer,” that’s only part of what they do. In addition to divorces, a family law attorney can help with:

  • Agreements, including:
    • Prenuptial
    • Postnuptial
    • Cohabitation
  • Annulments, a nullification of legal marriage as an alternative to divorce
  • Adoptions
  • Child custody and visitation rights
  • Wills and trusts

Many people find themselves in need of defense after being surprised by a divorce or unfairly accused of wrongdoing by the other party interested in gaining an advantage. Divorce cases can become very heated and contentious, with one or both parties offering allegations that have to be proven or disproven. Some family law lawyers may represent both plaintiffs and defendants, others may work only with one or the other. It’s important to make sure that if you need a lawyer for divorce defense that he or she has this type of experience.

Criminal Defense Lawyers

Anyone accused of a crime—from a small misdemeanor to a serious felony—is entitled to have and hire legal defense. An attorney who defends those accused of this activity understands how the criminal justice system works and has the considerable experience that offers the best chance of a positive outcome.

What’s also important is to find someone who works in the local criminal courts as well. Individual courts and judges have their own way of doing things. A criminal defense lawyer with local-court experience knows how each court and the various judges handle their proceedings. This can go a long way in creating a strong, effective defense for your case, and increase your chances of winning.

A criminal defense attorney can help with:

  • Traffic Tickets
  • Misdemeanor offenses, such as disorderly conduct and simple affray
  • Suspended driver’s license
  • Expunction, aka expungements
  • Juvenile crimes
  • DWI
  • Assault
  • Domestic Violence
  • Violent felonies, such as armed robbery and burglary
  • Drug Crimes
  • Sex crimes
  • Financial crimes, such as embezzlement

While many criminal defense lawyers handle multiple types of cases, some also handle one specific type of case, such as DWI.

Criminal Defense Attorney Dewey P. Brinkley In Raleigh

If you’ve been accused of a crime or arrested for one, it’s important to find a strong defense attorney quickly to begin building an effective defense. Dewey P. Brinkley is an experienced criminal defense attorney in Raleigh, NC who understands the criminal justice system, and how to defend you against many types of criminal charges.

Contact 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.

Charged With Resisting Arrest During Protests In Raleigh?

Free speech is still an American right. Expressions of free speech are protected by the First Amendment, and gatherings of these types have increased in numbers since the death of George Floyd in May. While many demonstrators were peacefully protesting, others were not, leading to violence and destruction in Raleigh, Durham, Greensboro, Charlotte, and other cities around the Tar Heel State.

Police nationwide have arrested both peaceful protesters right alongside looters and violent mobs to prevent more vandalism and harm to residents. What do you do if you were in one of these protests and found yourself arrested?

The Right To Protest

Help When Charged With Resisting Arrest During Protests In RaleighProtesting comes under the First Amendment and “free speech.” This means that you have the right to express an opinion in public, anytime, anywhere, with some limitations. (Not all speech is “protected” by the First Amendment, such as inciting riots or “fighting words.”) Protests and demonstrations on private property, such as a place of business or employment, are not as protected.

However, protests that evolve into more than civil disobedience and involve illegal activity such as rioting, burning, looting, and other conduct that can cause injury or property damage can lead to arrest and other police intervention.

Large-scale demonstrations generally require permits to accommodate the additional police presence for the protection of attendees.

Resisting Arrest

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

“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.”

In addition to resisting arrest when you’re told, it also means interfering with any police officer who is doing his or her job. This includes the act of interfering when an officer is arresting someone else. Additional causes include using abusive language towards law enforcement, giving false information such as name and address, refusing to accept a citation, and preventing an officer from doing his or her job, such as interfering with another arrest.

Not complying with a police request can also be considered “resisting arrest,” based on the officer’s judgment. Therefore, it’s important at such a public event to allow the police to do their job, and comply with their requests.

If you’re charged with a different offense, such as disorderly conduct, actively resisting arrest can bring a second charge, even if the first one for disorderly conduct is eventually dropped. If you’re innocent of the original charge, resisting arrest is a separate charge for which you will be tried.

Should you be part of an arrest during a protest that turns dangerous or violent, you have the right to the criminal defense attorney of your choice. A defense attorney can help you through the court process and work to have the charges reduced or even dropped.

Need Help With Resisting Arrest Charges? Contact Raleigh’s Criminal Defense Attorney

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 has experience with resisting arrest as both misdemeanor and felony charges.

If you have been charged with resisting arrest, call the law offices of Dewey P. Brinkley today for a free initial consultation to discuss your criminal defense case at (919) 832-0307. You can also use our online contact form.

Five Questions To Ask Before You Hire A Lawyer

Hiring a lawyer can be one of the most nerve-wracking things you’ll ever experience, especially if it’s for something you weren’t expecting. Ask these 5 questions before you hire a lawyer.

Five Questions To Ask Before You Hire A Lawyer

You may have a lot of questions, and that’s OK. (Skip generic, personal questions, like “where did you go to law school?”) Write them all down and take them with you for your first visit. You’ll want to find a lawyer who knows how to handle your particular case successfully, and interviewing them is a first step to easing your mind about your legal issue.

Many lawyers offer free consultations like we do. A lawyer will ask you about your case, but you should be asking your own questions, too. Here are five basic questions to ask a lawyer before you hire one.

1.    What experience do you have in handling legal matters like mine? Is my case in the focus of your main practice area?

While general legal practitioners do still exist, finding a specialist who is an expert in your particular legal matter is a better idea. If you need a lawyer for a traffic violation, you wouldn’t want to find someone who is better skilled at divorce law. Consider it this way: would you go to your family doctor for brain surgery? Of course not—you’d want to find a skilled brain surgeon who knew exactly what he or she was doing. It’s the same as asking your favorite personal injury lawyer to handle a criminal case, especially if it’s one where you could face jail time.

2.    How will you charge me for your services? This is a detailed question that you definitely need to ask. Don’t just ask, “how much is this going to cost me?” It’s not that simple.

Lawyers have different fee arrangements depending on the type of cases they handle. Personal injury and some other types of lawyers frequently use something called a “contingency fee” arrangement, where their fees are a percentage of any financial settlement you might receive (like one from a car accident.) But some charge either a flat fee or by the hour. You won’t know until you ask.

If your lawyer charges an hourly rate, you’ll also want to ask how often you’ll receive a bill, how they charge for parts of an hour, and if you’ll be charged for calling or emailing a paralegal or other member of their staff for updates about your case.

You should also ask if you’ll be charged a deposit for them to take your case.

3.    Who will be my primary point of contact? Will you be handling my case, or will it be assigned to another lawyer or a paralegal?

This is important because you need to know who you’ll be talking to and who to ask for if you call. Paralegals and other support staff often take care of “back-office” work in law firms and handle phone calls so that the lawyer is freed up for court appearances and other legal tasks.

a.    What’s the best way to communicate with you? Find out if they’d prefer calls, emails or even text messages for questions and short updates.

4.    Do you have references?

Just like a job interview, references can be important. But because of privacy laws, a lawyer can’t just give you names and numbers of previous clients. He or she can, however, pass your contact information to a former client who may (or may not) contact you to discuss how their particular case was handled.

5.    Do you have a written representation agreement that I can read before I sign?

Asking for this agreement will allow you to read carefully what happens when you hire this lawyer. You’ll know what to expect, and there shouldn’t be any “surprises.” If you do have any additional questions before you hire him or her, you should have an opportunity to ask them.

Additional questions are available at the North Carolina State Bar’s website. Don’t be embarrassed to ask—most lawyers welcome the opportunity to help, and will be happy to answer them for you.

Most of us don’t hire a lawyer very often, so we don’t know if we’re doing it right or not until we have a problem along the way. Asking questions and understanding the process of your particular legal matter is important to ensure that you’re working with your lawyer for a positive outcome.

Free Consultation

We’re happy to answer all of your questions about your case, whether it’s a traffic violation or offenses, drug charges, financial crimes or one of our other case specialties. Call us today at 919-832-0307 for a free initial consultation.

Dewey P. Brinkley is a former assistant district attorney in Wake County and has successfully defended thousands of clients in the Raleigh/Wake County area. Mr. Brinkley will discuss your DWI case with you and design your defense so you are properly represented.

Raleigh Defense Lawyer Answers – How to Choose a Great Attorney? (Video)

This is Part 34 of our weekly North Carolina Criminal Defense video blog: “How to Choose a Great Attorney?

Transcript:

I think the most important thing when you’re trying to decide who to hire as a criminal defense lawyer is their level of experience. How much experience do they have in the courtroom and how much experience do they have with the people in those courtrooms (the officers, the judges, the district attorney’s office)? There’s no substitute for experience in a criminal case.

I’ve tried over a 1,000 cases here in Wake County. I’ve worked as an assistant DA here in this county. And as a defense lawyer now for 11 years, I’ve been before the same judges, the same officers, deal with the same DAs on a day-to-day basis.

But it’s also listening to the client and trying to get to know the client as well as possible. Where that client is coming from. What their experience is. How they ended up in this situation. I think that’s one piece that I try to get to know my clients as much as I can.

I think the only thing else you can talk about is preparation. Do you have a lawyer who is going to spend the time preparing your case? I try to prepare my cases, meet with my clients, get to know those clients, know the law and the facts of the case, before we go to court. So that we can achieve the best outcome for that particular client.

Our offices are located right across the street from the Wake County Justice Center. We’re in close proximity to the courthouse, so I’m here most days working late, meeting with clients, and I’m very very convenient to the courthouse. I think the most important thing that you can do if you’re looking to hire a criminal lawyer is meet with that person and decide how comfortable you are with them. What we try to do at our firm is learn about our clients and spend the time and the preparation work knowing their case to try to achieve the best possible outcome for that particular client.

Raleigh Attorney Answers – How Can I Get My Suspended License Back? (Video)

This is Part 33 of our weekly North Carolina Criminal Defense video blog: “How Can I Get My Suspended License Back?

Transcript:

The first thing we try to do is look at your driving record and see if there’s any possible way that we can restore your driving privilege, get your license back. Is it because you failed to appear in court and missed a ticket? Is it just a matter of resolving that ticket? Are you revoked for some other reason? Was there a driving while impaired conviction, and you didn’t do your substance abuse treatment, or that form wasn’t sent into the DMV?

Driving while license revoked is one of the most prevalent crimes that we see in Wake County District Court. Lots of people do not know how they can get their privilege back. If they call me and they have their driving record, we can go through that and hopefully resolve the issue that’s causing that suspension.

How a Raleigh Drug Attorney Can Help Your Possession Case (Video)

This is Part 32 of our weekly North Carolina Criminal Defense video blog: “How a Raleigh Drug Attorney Can Help Your Possession Case

Transcript:

The big difference is between simply possessing a controlled substance and possessing it with the intent to sell it or deliver it, or were you actually caught selling it?

If it’s simply a possession crime, and you’re a user, and you haven’t been in trouble before, there are certain safeguards that are available to you in North Carolina that will allow you, if you’re successful, to potentially earn a dismissal and get the matter expunged from your record.

It’s different if you’re caught selling or possessing a substance with the intent to sell it. That’s when the stakes get much higher.

Raleigh Defense Lawyer – Prison Alternatives For NC Drug Cases (Video)

This is Part 31 of our weekly North Carolina Criminal Defense video blog: “Prison Alternatives For NC Drug Cases

Transcript:

Typically, if you’re charged with a drug crime, you’re not eligible for a conditional discharge or a felony diversion. You’re going to be tried on supervised probation before being sent to prison unless it’s a trafficking case. Trafficking is going to be based on weight. If you’ve got more than 10 pounds of marijuana, or four grams of heroin, or 28 grams or more of cocaine, those are all going to be trafficking level crimes. By statute, you do have to do prison time on those. The only exception to that is if you actually decide to become an informant, work with the police, or provide what we call substantial assistance, which can potentially have the court sentence you to probation rather than that mandatory active time.