How Embezzlement and Theft are Different?

Financial Crimes, ,

You might be thinking that embezzlement and theft are one and the same, but they aren’t. While theft is stealing something that doesn’t belong to you, embezzlement is also more of a planned type of theft, and has the added element of violated trust.

What Is Embezzlement?

In an employment or other position of financial responsibility, you may be entrusted with money or property, and have permission to handle them in the course of your job or other position. Misusing your position of trust to steal or misappropriate money or property and convert it to your own elevates theft and embezzlement.

The crime occurs in a number of familiar settings, with the most common scenario a worker stealing money, inventory, or office supplies from their employer. While you may not be arrested for the odd ballpoint you forgot that put in your pocket and take home, embezzlement can also take the form of:

How Does Embezzlement Differ From Theft?

  • Altering employee time records
  • Adding extra to a company expense account
  • Depositing customer or vendor checks into a personal account, or moving money into one
  • Altering company books to conceal stolen, misappropriated, or loss amounts
  • “Borrowing” money from a company cash register
  • Over-charging for a product and keeping the difference
  • Adding a phony employee to the company payroll
  • Accepting kickbacks and bribes

Additionally, money or property that is entrusted to you and is mishandled is considered embezzlement, including:

  • Improperly using someone else’s Social Security money, i.e., relative or child
  • Creating a credit card or check “kiting” scheme (writing bad checks and “floating” them)
  • Using a Ponzi scheme to steal funds
  • Using a client’s settlement amount to pay for operating expenses
  • “Borrowing” funds from a civic organization, nonprofit or other organization
  • Selling a property and keeping the proceeds without notifying heirs

Although embezzlement is usually handled at the state level, should a government employee is involved, or government funds, the federal government will be involved.

Overtime As Embezzlement

Many people are dedicated to their job, and work longer hours. For some, it may be a requirement. But for others, working overtime may constitute embezzlement under certain circumstances.

Of course, if you’re working the overtime to bring in extra money, and not setting off any alarms, there isn’t much cause for concern. However, other indicators in addition to overtime may raise suspicions of possible embezzlement. This would include issues with company financial accounts, including accounts that are missing or disorganized records that make account audits difficult if not impossible.

For an individual who spends a lot of time at the office, including weekends and holidays, and uses company resources may be doing so for their own benefit (i.e., running a business or other money-making plan.) If the individual charges the company for “overtime,” the individual is defrauding the company out of money and work he or she allegedly completed.

Another method is when an individual claims to work overtime, but doesn’t appear anywhere on security footage at the time he or she claims to have worked.

This is not to say that everyone working overtime is suspect. If a company suspects fraud through overtime, it will look for other signs of possible misconduct that indicate embezzlement.

Penalties For Embezzlement in North Carolina

These depend on who committed the embezzlement and how much the individual embezzled.

  • Officers or agents, clerks, or employees at a corporation who embezzle over $100,000 are charged with a Class C felony, with a possible jail sentence of 58-73 months in prison. Anything under $100,000 is considered a Class H felony with a possible jail sentence of 5 to 6 months in prison and “community punishment.”
  • Treasurers of any charitable organizations who embezzle over $100,000 are charged with a Class C felony, with a possible sentence of 58-73 months in prison. Anything under $100,000 is considered a Class H felony with a possible jail sentence of 5 to 6 months in prison and “community punishment.”
  • Railroad officers embezzling over $100,000 are charged with a Class C felony, with a possible sentence of 58-73 months in prison. Anything under $100,000 is considered a Class F felony with a possible jail sentence of 13 to 16 months in prison.
  • Public officials and public employees, including state and government workers embezzling over $100,000 are charged with a Class C felony, with a possible sentence of 58-73 months in prison. Anything under $100,000 is considered a Class F felony with a possible jail sentence of 13 to 16 months in prison.

In addition to criminal court charges, the company or individual from whom the money or property was embezzled can also sue you in civil court. The individual or company can treat you like a debtor once they get a judgment. They can garnish your wages, put a lien on your house (or force you to sell it) and levy your bank accounts.

Dewey P. Brinkley Is Ready To Defend You

Embezzlement is a serious crime with far-reaching consequences. If you’ve been accused of or charged with embezzlement, you need someone to defend you against the charges and in court—quickly.

Dewey P. Brinkley is an experienced criminal defense attorney in Raleigh, NC who understands the criminal justice system, and how to defend you against embezzlement charges.

Call Dewey P. Brinkley today for a free initial consultation to discuss your case at (919) 832-0307. You can also email us at dewey@deweypbrinkleylaw.com, or use our online contact form.

 

Reasons Why A Juvenile May Be Prosecuted As An Adult In North Carolina

Juvenile Offense, ,

Minors who get into trouble for misdemeanors and “petty” crimes are usually dealt with through the juvenile justice system. This separate system is designed to offer rehabilitation and other services to those 16 and under who have broken the law. North Carolina considers anyone between the ages of 6 and 17 to be a “juvenile.”

Reasons Why Juvenile May Be Prosecuted As An Adult In North Carolina

Rather than incarceration, the juvenile justice system focuses on the child and the family, and includes education, community programs, and treatment. A stint in a juvenile detention facility may also be included. Juvenile records are usually sealed, meaning that the minor has a “fresh start” as an adult.

We previously discussed how juvenile crimes are treated differently in North Carolina. The adult court system focuses on punishment rather than rehabilitation, and has tougher punitive consequences such as fines and prison time. Even a conviction in adult court without jail time will mean a criminal record with long-term repercussions.

Currently, 16- and 17-year olds are automatically tried in adult court for even minor offenses, while younger individuals stay in the juvenile court system.

When A Minor Child Commits Adult Crimes

Juveniles of nearly any age can be charged as an adult if they have committed more serious crimes. Frequently, the judge is allowed to use his or her discretion in allowing a juvenile to be tried as an adult. A minor can be charged as an adult if:

  • The crime is more serious, requiring the child to be tried as an adult
  • The juvenile has been in trouble before and was previously tried as an adult (this is the “once an adult, always adult” mandate)
  • He or she understood the serious nature of the criminal act and the repercussions
  • The juvenile has a history of similar criminal acts

Charging and trying a minor child as an adult occurs for crimes such as murder, sexual assault, drug crimes and crimes involving a weapon.

Raising The Age

Until next month, juveniles over 16 charged are still automatically charged as adults. North Carolina is the last state in the US to “raise the age” for those in juvenile court from 16 to 18.

Effective December 1, 2019, anyone under the age of 18 facing a misdemeanor charge, or the state’s two lowest-level nonviolent felonies (break-ins and larceny) will be tried in Juvenile Court rather than as an adult.

This gives the 16- and 17-year olds the opportunity to access services available under the juvenile justice system. They have the choice and the chance to turn their lives around and avoid an adult criminal record before 18. Research shows that individuals who go through the juvenile justice system are less likely to commit crimes as an adult, which also lowers the adult crime rate.

Juveniles who are under 18 and are charged and arrested on more serious felonies will still be sent to Juvenile Court first. However, district attorneys will then have the option to move the cases to adult court either through a judge or a grand jury indictment. Those who were arrested and charged before the law takes effect will still be tried as adults under the previous system.

Raleigh’s Juvenile Court Attorney, Dewey P. Brinkley

If your child has been charged with a crime, your first goal should be to keep the case in juvenile court. You should also find a juvenile court attorney who can investigate the case and determine your chances at trial.

Dewey P. Brinkley is a former Wake County Assistant District Attorney. He can aggressively defend your child in juvenile or adult court against any criminal charges, major or minor. He will work to ensure a fair trial and that your child’s rights are protected.  Call today at 919-832-0307 or use our contact page to schedule your free consultation.

 

How A DWI Conviction Can Affect Your Current And Future Employment In Raleigh, NC

DWI, ,

As we’ve mentioned before, DWI is a very expensive arrest, even if you’re innocent, or failed your field sobriety tests. From the moment you are arrested even for suspicion of DWI in Raleigh (or anywhere in North Carolina), you must defend yourself, your driver’s license, and your reputation. Each of these things will cost money.

But employment is one part of the DWI that most people don’t think about. Will you be fired? How will you get to work? What about your car? All these things come into play after you’re arrested and charged with DWI in North Carolina.

The Aftermath: Your Current Job

How A DWI Conviction Can Affect Your Current And Future Employment In Raleigh, NCDepending on where you’re employed and what you do now, you may or may not be terminated. North Carolina is an “at-will” employment state, where you can be terminated with or without a cause, and there may be a policy that a DWI or other criminal arrest is cause for immediate termination.

Depending on the company’s handbook and policies, you may be required to notify your company immediately (and you may still be terminated.) If they don’t find out from you, and find out from another employee or some other source, it could make a difference.

After your arrest, your driver’s license is immediately suspended for 12 months. You may be able to have limited driving privileges after 10 days for driving to and from work (if you are still employed.) In either case, you’ll have to find another way to get back and forth to work for a while.

If driving is an essential part of your job and requires you to have a commercial driver’s license, there is a good chance you will lose your CDL—and your job.

Any kind of professional licensure—medical, legal, professional pilot, or other license—requires that you report any arrests and/or convictions to the issuing agency. As a rule, you will lose your license, as well as your job.

Absenteeism may also be a factor. Court appearances and possible jail time will force you to miss work. Excessive absenteeism may be cause for termination.

Background Checks And Disclosures

If you’ve lost your job and are looking for another one, a DWI will most certainly show up on a background check. Arrest records are also public records, available to anyone who wants to find it.  Nearly everyone is checked, and if you don’t disclose something that shows up, you’ll lose any chance you may have had of being hired.

Take a proactive stance: get a background check on yourself and see what show up. You may discover other mistakes that will keep you from finding a job as well.

Jobs To Avoid After DWI

You will be ineligible for a number of different types of jobs after a DWI. They include:

  • Government jobs, including joining the military
  • Teaching jobs, daycare jobs and other jobs working with children
  • Jobs that involve handling highly confidential information
  • Driving jobs: bus and truck drivers, delivery drivers, outside sales jobs that involve driving and visiting customers

Interviewing And Getting A Job With A DWI In Your Record

A DWI doesn’t necessarily mean you’ll never be able to work again. Despite the difficulties of a DWI, it is possible to interview and find another job post-conviction. But it does mean handling things differently.

Some companies may only ask about convictions, not arrests. In that case, you may not be required to disclose the arrest; ask your DWI attorney for clarification.

It’s best to mention it only if and when you are asked. While an experienced interviewer will likely not be surprised, make your explanation short and succinct, and include the steps you’ve taken afterwards, such as rehab or other corrective actions. Describe what led to the DUI and what you’ve learned from the experience, as well as other things you’ve done to restore your life. Mention that you’ve not driven after drinking since, and that you would never do anything to harm the company’s reputation.

If your case is dismissed or you were found not guilty at trial, you can also request an expunction, or removal from your record, meaning it would be as if your arrest and/or conviction had never happened. You can start the process immediately.

Expunction isn’t available for a DWI conviction.

DWI Defense

A DWI charge is always serious, and can lead to serious employment implications now and in the future.

Dewey P. Brinkley is a Raleigh DWI defense attorney who can aggressively defend you against DWI charges and protect your rights in the courtroom. Call the law offices of Dewey P. Brinkley today for a free initial consultation to discuss your DWI case at (919) 832-0307. You can also email us at dewey@deweypbrinkleylaw.com, or use our online contact form.

Is Entering An Unlocked Door Considered Breaking And Entering?

Misdemeanor, ,

Most people think of “breaking and entering” as a broken window, a pried-open door, or the kicked-in door characteristic in home invasions. It’s literally using force to break into a home or place of business and called “breaking and entering” for a reason. Generally, you don’t have permission to be on the premises, and you’re there for the sole purpose of committing a crime. Since most people and businesses lock their doors, getting in takes some type of criminal action to overcome the locks.

But what if the door was unlocked?

The Definition Of Breaking & Entering

At one time, the term simply meant that—physically breaking into a home or business using force, even if no crime was committed.Is Entering An Unlocked Door Considered Breaking And Entering?

Today’s charges apply to any unlawful entry into a dwelling anytime, day or night, without permission, and with the intent to commit a crime. Like most states, North Carolina has expanded the definition of “breaking and entering” to include walking into a dwelling with the intent to commit a crime.

This means that even entering through an unlocked door or opening and crawling through a window that’s partially opened is a crime if the individual didn’t have permission to be there and was trespassing. Breaking and entering is also a separate charge from burglary, and you can be charged for it even if you committed no other crime.

North Carolina law includes “felonious breaking and entering,” in which an individual not only enters a building without permission, but has the intent to steal, or injure and/or intimidate an individual inside the dwelling.

  • Penalties are harsher for individuals who break and enter into a house of worship, i.e., a church, synagogue, mosque, or other worship center.

Charges Associated With Breaking & Entering

Different charges are applied depending on the intent.

For an individual who breaks into a building for shelter, but has no intent to commit theft, they will likely be charged with second-degree trespassing. If the individual has been warned to stay off the property, or enters a building that’s fenced in or otherwise closed, they will likely be charged with first-degree trespass, a more serious offense.

  • Trespassing on property belonging to a utility company if the trespass placed anyone at risk of being injured, or if they intended to disrupt operations (such as a power or water company)
  • Trespassing at the home of a former or estranged spouse or domestic partner is also punished more severely if the other party asked them to leave, especially if they are in a shelter for domestic violence

If the intent for theft can be proven, the individual can be charged with burglary even if he or she didn’t actually commit the crime.

If the dwelling is occupied at the time of the break and enter, the individual is charged with first-degree burglary. If the dwelling isn’t occupied at the time of the break and enter, the charge is second-degree burglary. (N.C. Gen. Stat. Ann. § 14-51.)

North Carolina also considers it a crime to break into a building, and open a safe, vault or “other secure place” using explosives, or break into a vehicle, including a car, boat, trailer, etc.

Defend Yourself Against Breaking & Entering

Being charged with breaking and entering doesn’t always follow with a conviction.

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 represent you for a wide range of 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. You can also email us at dewey@deweypbrinkleylaw.com, or use our online contact form.

 

Are All Raleigh, NC Traffic Tickets Public Record?

DWI, ,

Maybe you were speeding, buzzed through a stop sign, or made an illegal left turn somewhere while in an unfamiliar area. However, it happened, you find yourself with a traffic ticket.

It might seem like a small thing, but Raleigh, NC traffic tickets can add points to your driving record. Enough points can suspend your license. But are they public record that anyone can find?

A Ticket Is A Court Case

Police officer pulling a blue car over on the side of the road to give them Raleigh, NC traffic tickets.Anytime you’re issued a traffic ticket, you’re given a court date to appear. You can hire a traffic ticket attorney and have them take care of it. This, of course, is depending on the charge and severity. For instance, running a stop sign is not as severe as a DUI or vehicular manslaughter, for which you will be required to go to court, and possibly spend time in jail. But they will all have a court date.

A “waivable” traffic ticket is one you can pay the fine for and be done with it. This means that you’ll waive your right to trial, plead guilty, and accept the points and or other consequences of that ticket. This only applies to charges like minor traffic and equipment violations, not something more serious like DUI.

Can Anybody Find My Ticket?

Yes, but it’s not as easy as you think.

Only someone who has a “vested interest” can find your Raleigh, NC traffic tickets upon request, if they have the required information needed to find it. These individuals must agree to the website’s terms of service.

Anyone requesting the information online will be required to read and certify:

I certify under penalty of law that I am entitled to personal information from the requested driving record under one or more of the permissible uses listed in the federal Driver Privacy Protection Act.*

I am aware that there are federal criminal and civil penalties for knowingly obtaining, disclosing or using this personal information for a purpose not permitted under DPPA (18 U.S.C. Sections 2721-2724).

I also understand that North Carolina G.S. 20-43.1 prohibits someone from obtaining personal information from a driver record by purposely or knowingly misrepresenting his or her identity or the use for which he or she is seeking that information. Anyone who does so may be charged with felony tampering with a public record.

While your personal information (name, address, etc.) are not publicly available under Chapter 123, Section 2721 of the U.S. Code (Driver Privacy Protection Act), and N.C. G.S. 20-43.1, some parties and/or entities can access your driving record (including personal information), some personal information may be disclosed upon request. They include:

  • You, the driver, to receive your own driving record
  • Insurance companies, for rating or underwriting, claims, and anti-fraud activities
  • Employers to verify information for commercial drivers’ licenses
  • Private toll operations, to identify drivers
  • To notify owners of towed or impounded vehicles
  • In the course of normal business (conditions apply)

The entire list of interested parties who can access your driving record can be found on North Carolina’s DOT website.

Caveat—Lawyer Advertising

The NC Department of Public Safety states on its website that if you receive an unsolicited letter from an attorney offering help with your traffic ticket, it’s the result of getting your name from the Clerk of Superior Court, and has nothing to do with the officer who issued it.

Need Help With Raleigh, NC Traffic Tickets?

If you’ve received a traffic ticket and would like to learn more about your options, contact our offices any time or call 919-832-0307. Dewey P. Brinkley is Raleigh’s leading traffic ticket attorney, and can help neutralize the effects of traffic tickets on your driving record.

What Does The Term “Simple Affray” Mean In Raleigh, NC Court Cases?

Misdemeanor, ,

It was supposed to be a fun night out, but it ended badly.

Maybe you went to a concert, a bar, or somewhere else with a gathering of other people. Somehow, you found yourself in a fight situation. You may have been in the wrong place at the wrong time, or you ran into someone you knew. Maybe you or someone else had a little too much to drink and it went wrong while waiting for the Uber.

All you know is that at the end of the night, you were charged with something called “simple affray.”

What It Means

Simple affray is a term used to describe a fight situation—whether threatening to fight someone, or actually instigating violence and throwing punches, and creating a situation that can escalate into something bigger.

one man holding another back from in a bar during an example of a simple affray in Raleigh, NCIn North Carolina, simple affray means that you have committed three things:

  1. You’ve engaged in a fight with another person (this includes self-defense)
  2. This fight took place publicly, in a public place
  3. By engaging in this fight, you’ve caused terror to the public

You can also be charged with simple affray even if you didn’t throw a punch, and weren’t responsible for starting the fight. Inciting a fight (“egging them on”) can also lead to this charge, as well as leading members of the public to believe that they are in danger as a result.

Additionally, if you do throw a punch, even in self-defense, you can also be charged with simple assault.

The Charge

Simple affray in Raleigh, NC is considered a Class 2 Misdemeanor. It is, however, a criminal charge, not a civil one. Victims may have suffered minor injuries that don’t require medical attention.

This charge is designed to punish individuals for not only engaging in violence but also provoking others to do so. Police use this charge to keep the peace when there is the potential for a more dangerous situation, including rioting.

Defense Against Simple Affray

Locating witnesses who can corroborate your side of events as well as offer additional information on what led to the affray, is a good start to building your defense.

Because many venues and public areas now have video surveillance, sending a subpoena for that information is essential to supporting your defense and testimony. Other witnesses can also be identified from video, as well as other aspects of the incident that witnesses and participants may not be aware of already.

Finding strong defense counsel right away can help build your defense and uncover what really happened.

Consequences

For a first offense Class 2 misdemeanor conviction, you can expect to spend from one to 30 days in jail. For subsequent convictions, the jail time can be as high as 60 days, along with fines of up to $1,000.

More severe assaults that lead to injuries are punished more harshly, including ones that involve weapons, domestic violence, serious injury or sexual battery. The state imposes harsher penalties when the assault involves:

  • Females, when the assailant is a male over 18
  • Sports officials—empires, coaches and referees at any organized sports event
  • State employees and officers, public transit operators, campus and/or private security officers, if the assault occurs while they are acting in their official capacity
  • School employees and volunteers (public, private or charter) who are on school property, in the middle of a school event, or are transporting students to or from school

Let Dewey P. Brinkley Defend You For Simple Affray

Dewey P. Brinkley is a former Wake County Assistant District Attorney. If you’re charged with simple affray, he can defend you in criminal court and work for the best possible outcome. Call Mr. Brinkley today at 919-832-0307 or use our contact page to schedule your free consultation.

 

 

How To Fight A Raleigh, NC Traffic Ticket

DWI, ,

A traffic ticket can be one of those minor annoyances that are part of everyday life in the Tarheel State. But getting a traffic ticket can also cost more than a little fine. Depending on the charge, your insurance could go up, and you’ll likely have an increase of points on your driver’s license. (More than 12 points, and your license could be suspended.) If you drive for a living, you could lose your job as well as your license.

Sometimes, drivers have been known to talk their way out of a ticket. But that’s not always an option.

While it’s tempting to just pay it and be done with it, you may not want to do that. But how do you go about fighting a Raleigh, NC traffic ticket? It takes a little time and effort, but it can be done, successfully.

Dispute The Officer’s Subjective Judgement/Conclusion

If you were in a situation where the officer was required to make a judgment call as to whether or not you violated the law, you may be able to levy a challenge. Was the officer in an ideal location to observe your actions when giving you a Raleigh, NC traffic ticket?

Dispute The Officer’s Observations

Police office going over to a motorcyclist to give them a Raleigh, NC traffic ticketWhile a police officer’s observation and opinion is frequently the prevailing one, evidence may be used to prove your side of the story:

  • Witness statements who can substantiate your version of the events (these would be passengers, bystanders or anyone else who was a witness)
  • Drawings and/or diagrams of the area where the ticket was issued, including the locations of your vehicle as well as the officer’s. Include locations such as stop signs, other vehicles, traffic signals and other landmarks.
  • Photographs of the area where you were stopped and ticketed, including road conditions, obstructions, and anything else that can prove your version of events.
  • Additional evidence that would dispute the officer’s ability to correctly observe your alleged violation.

The “Mistake Of Fact” Defense

Old, faded or hidden stop signs, or other markings that aren’t readily visible can mean that even the most attentive drivers miss something. Because the sign or instructions weren’t clear to the driver, (especially something like a stop sign that’s hidden behind a tree, branch or other obstruction) you weren’t given notice of the conduct that was expected. Under these circumstances, a judge may dismiss your ticket as a “mistake of fact.”

If you find yourself in this situation, taking pictures of the hidden sign or other invisible signage is essential to proving your case.

“Legal Necessity” For Your Actions

Should you find yourself in a situation where you needed to pull over, speed up or slow down to avoid an accident, injury or other danger, you may be able to use this defense. Rather than disputing the officer’s testimony, you’ll introduce another legal point which may be successful.

For instance, if your vehicle began making a loud noise, or suddenly stops operating, you stop in the middle of the road to avoid harming other drivers and causing an accident. Or you swerve and/or speed up to avoid another vehicle that’s out of control or an unexpected object. If you’ve ever swerved to avoid a bag or a box in the road, you understand this.

Of course, you’ll also need evidence, such as pictures, repair bills, witness statements, or other documentation in order to prove your defense.

Winning By Default

Police officers sometimes don’t show up for court. If this happens, and your ticket is dismissed, pat yourself on the back. Make sure you don’t owe any fines or court costs before you leave the courthouse, or you’ll be in for another surprise later.

You Can Fight A Raleigh, NC Traffic Ticket

Don’t fight a ticket alone, especially if you already have points on your license. Keep your license and your driving record clear with the right help. Dewey P. Brinkley is ready to help you fight back against a traffic ticket and keep your driving record clear. Call him today at 919-832-0307 or contact him online to schedule your free consultation.

 

What Constitutes Resisting Arrest In Raleigh, NC?

Misdemeanor, ,

You’ve committed no crime, but you’re being arrested. Or you’re with someone who is being arrested, and you’re taken to jail along with them despite your innocence. You inform the officer that you’re innocent, but you’re taken to jail anyway. What now?

Whatever you do, don’t resist any arrest, even an unlawful arrest, or you’ll be charged with it.

What It Is

North Carolina considers nearly anything that causes a problem for an on-duty police officer to be part of North Carolina General Statutes, Article 30, Section § 14-223 that states:

What Constitutes Resisting Arrest In Raleigh, NC?“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.”

This means not only resisting your own arrest, but interfering with a police officer doing another arrest or otherwise doing his job.

The statute is intentionally broad as well as vague, covering a wide range of activity that interferes with a police officer doing his job. That also increases your chance of an arrest due to resisting, delaying or obstructing a police officer (RDO) by giving the officer flexibility in what he or she can arrest an individual for.

Types Of Resisting Arrest

Most people think of resisting arrest as the individual who, upon discovering he or she is targeted, runs from the police. Officers also have a certain leeway with using force, and will do so if they believe they are being threatened.

But other actions, like raising your arms in a defensive stance or instinctively moving out of the way can also be interpreted by the police officer as “physical resistance,” even if you meant no harm and were not fleeing.

Resistance can also take a non physical form. Actions such as:

  • Refusing to accept a ticket
  • Giving false information, such as name and address
  • Using abusive language
  • Otherwise slowing down an officer to prevent him from doing his job

Can also see you charged with “resisting arrest.”

Conviction For Resisting Arrest

If you are convicted of RDO, you’ll be facing:

  • Up to three months in jail
  • Fines of up to $1,000
  • A probation sentencing to include counseling and regular meetings
  • A community service requirement

Additionally, you’ll have a record of conviction that will stay on your record, and inhibit your ability to apply for jobs, professional licenses, college and student aid, and other things.

But What If I’m Innocent?

Even if you are innocent and can prove you’re a victim of wrongful arrest in court, it’s best not to resist because you’ll have an additional charge. This means that you may be acquitted of the first charge, but still convicted of the second. Avoid that second charge by not resisting arrest or interfering with a police officer.

Possible defenses against RDO include:

  • Self-defense against an officer who was using unreasonable force against you
  • An unlawful arrest, without probable cause or a warrant
  • Argue and prove that the charges are false
  • NC has no “stop and identify rule.” Unless you are operating a motor vehicle, you are not required to give the police any information, and can politely refuse the officer’s request

If you are charged with resisting arrest, an experienced criminal defense attorney can defend you in court to reduce or dismiss your charges.

Charged With Resisting Arrest? 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 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. You can also email us at dewey@deweypbrinkleylaw.com, or use our online contact form

Can a Drug Possession Conviction Affect My Student Aid In Raleigh, NC?

Drug Crimes, ,

A conviction for drug possession changes a number of things in your life. Anytime you’re asked about a criminal conviction, you’re required to answer, “yes.” Employment, housing, and other opportunities may change or be lost because of a drug possession conviction.

But if you’re a college student, or were planning to become one, your plans have radically changed. If you are already using student aid for college, you may lose it. And if you’re applying to college, your options could be limited for what you’re planning to study.

The FAFSA

Hands in Handcuffs after a Drug Possession Conviction In Raleigh, NC?The Free Application for Federal Student Aid (FAFSA) contains questions specific to drug convictions. It’s important that you answer the question truthfully and accurately.

The question specifically asks if your conviction occurred while you were receiving student financial aid. When you answer yes, you will be required to fill out a worksheet to determine if you are eligible for subsequent financial aid assistance.

If you have a drug conviction, complete the Student Aid Eligibility Worksheet for the drug conviction question on the FAFSA to determine if your conviction will impact your aid eligibility. You can also call the Federal Student Aid Information Center at 1-800-4- FED-AID (1-800-433-3243).

If your conviction occurs after you submit the FAFSA, you may lose your eligibility, as well as be required to repay any financial aid you’ve already received.

What you state on the FAFSA is separate from what you state on your college admissions application, and must be truthful on both. If your college admissions form asks, you will be required to disclose a conviction.

Note that the issues arise only after a conviction for either the sale or possession of illegal drugs as an adult. If you were tried as a juvenile, and not convicted as an adult, you’ll still be eligible. This is also true if your conviction has been set aside or reversed, and you would answer “no” to the question.

Suspension Periods

The suspension period of federal student aid depends on whether the conviction was for sale or suspension, and whether it was a first or subsequent suspension.

  • First offense: one year for possession, two for sale
  • Second offense: two years for possession, indefinitely for sale
  • Third and subsequent offenses: indefinitely for both possession and sale

After your student aid eligibility is suspended by a drug conviction, there are two ways you can regain it:

  • Successful completion of an approved drug rehabilitation program
  • Agree to and pass two unannounced drug screenings by an approved drug rehabilitation program

Fighting Drug Charges

The best defense is a good offense. Take proactive stance against a potential drug conviction that could seriously impede your future.

If you’ve been arrested on drug charges, it’s important to have a strong, aggressive drug charge defense lawyer to defend you in court. Without good legal counsel, you may be at the mercy of the court, and find yourself making a guilty plea just to end it.

But pleading guilty may not be the right thing to do, especially if you’re not guilty. If you do, you’ll be a convicted felon, and end up with a criminal conviction that will follow you around for the rest of your life.

With an experienced drug charge attorney, you have a fighting chance against a conviction that will cause you problems long after you leave court, including going to college and having a career.

Drug Charges? Let Dewey P. Brinkley Will Defend You

A criminal defense attorney experienced in drug cases can defend you in court and protect your assets. Contact our Raleigh law office today at (919) 832-0307 for a free consultation. Dewey P. Brinkley is a former Wake County prosecutor who will make sure your rights are rights are respected and you receive a fair trial under the law.

 

Reinstating A Suspended North Carolina Driver’s License

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It happened—you now have a suspended NC driver’s license. You can’t drive. How will you get to work or school? Are you stuck with public transportation and bumming rides from friends and relatives? Not necessarily.

In North Carolina, you can drive again after a suspended license, but not while the license is suspended. That, of course, is another charge, and you could see your suspension period increased face large fines and even the loss of your car.

Reasons You May Receive A Suspended NC Driver’s License

Gavel and scales of justice on an open legal book in a home library to show researching a suspended NC driver's license and what to do about it.One of the determining factors may be why your license was suspended. Those reasons dictate the time period for a suspension, including

A combination of more than one traffic offense can increase your suspension period.

License Restoration After Suspension

A license suspension is for a period of time, and your driving privileges are reinstated after that time period. You will not have to retake the driving test or apply for a new license, but you can request a hearing to appeal the suspension. An experienced attorney can help you with your hearing and appeal.

When your suspension period is over, you’ll get your license back by:

  • Paying a $65 restoration fee to the North Carolina DMV
  • Pay a $50 service fee to the DMV if you didn’t surrender your license to the DMV at the time of suspension
  • Pay an additional $130 fee if you’ve been convicted of DUI (driving under the influence) and it was the reason your license was suspended in the first place

Revocation, on the other hand, is a termination of your driving privileges, and requires a longer process to be reinstated, including re-taking the driving test and applying for a new license.

You can also request an administrative hearing by calling the DMV in Raleigh.

License Points

Anytime you commit a traffic violation, you’ll accumulate “points” on your driving record. When you reach 12 points in a three-year period, your license will be suspended for 60 days. Subsequent accumulations will yield longer suspensions.

If you have more than seven points on your record, you can drop three points off your record by taking a $50 Driver Improvement Clinic. You can attend one of these clinics every five years, and remove three points each time.

You Can Drive Again

Reinstating your suspended NC driver’s license after a suspension takes time and a little patience. Attorney Dewey P. Brinkley is your best chance in Raleigh for getting your license back and your driving privileges restored. He can work with you to navigate the appeals process, and defend you in any court hearing. Call today: 919-832-0307 (or contact him online) to schedule an appointment for your free initial consultation.