Top Questions to Ask Your Raleigh Criminal Lawyer During Trial Prep

Criminal Defense, ,

Trial prep demands your full attention when you face charges. Misdemeanor or felony charges carry real risks. You need a strong legal strategy before your court date. Working with a Raleigh Criminal Lawyer During Trial Prep ensures you understand the process and have guidance every step of the way. Ask us about the timeline for your trial and any motions we may file. Learn how judges, juries, and prosecutors function in North Carolina courts. Ask how jury selection works and what rules shape that process.

We explain how court records may influence your case. You should know what the state must prove beyond a reasonable doubt. Here are some other important questions to ask a Raleigh criminal lawyer during trial prep.

How Your Defense Strategy Shapes Trial Outcomes

Top Questions to Ask Your Raleigh Criminal Lawyer During Trial Prep

Our defense strategy frames how we approach each step in the courtroom.

Ask us how we plan to defend you. Each case requires a unique approach. Your charges dictate the structure of our plan.

Ask how we intend to present your case. We may call witnesses or challenge the prosecution’s timeline. Each decision we make affects jury instructions. Jury instructions shape how the jury views the evidence.

Ask about possible defenses and how they apply to your charges. In a DWI case, ask about field sobriety tests. We explain how each piece of evidence affects the case.

Questions That Reveal Lawyer Readiness

Ask about our experience with trials that match your charges. Trial work demands preparation. We outline our process and explain what you should expect before each court date while preparing for a criminal trial in Raleigh.

Ask how we keep in touch with you before the trial. It’s important to keep up communication with your criminal defense lawyer until your trial is over.

Clarifying Evidence, Witnesses, and Court Procedures

Ask us what evidence we expect to enter during the trial and how we plan to challenge the prosecution’s story—each piece of evidence matters. We explain how we intend to use it. You should know what the jury will see and hear.

Ask who will testify. We explain how we question each witness. Witness statements can affect how the jury sees you.

Ask about courtroom rules and what objections may arise, and how we plan to handle them. We walk you through the process so nothing catches you off guard. We want you to feel informed and focused.

Building Trust With Your Trial Attorney

Speak openly with us about your case. We want to hear the full story. We listen to concerns about records and other issues that may arise in court. We speak honestly with you about what to expect. You should not feel unsure about what will happen.

Ask us how we plan to present your case to the jury and whether you should testify. We listen to your preferences. We provide you with a clear explanation of your options. We value direct conversations and respect your choices.

Schedule a Consultation with a Criminal Defense Attorney

If you face charges in Raleigh, contact us to schedule a consultation. Bring any questions about your case. We review facts and outline options for trial prep. Contact the Law Offices of Dewey P. Brinkley at (919) 832-0307 or use our contact form to schedule a consultation.

 

Raleigh Criminal Defense for Protective Order Violations

Criminal Defense, ,

Protective orders function as legal tools that block contact from someone who poses a threat or engages in harassment. North Carolina courts issue these orders to shield people from harm. If a violation occurs, the legal system treats it seriously. Protective order violations carry significant consequences. You need to treat your protective order violation charges seriously as well. Hire a restraining order violation lawyer to help you with your case.

How Protective Orders Work in North Carolina

The Role of Raleigh Criminal Defense in Protective Order Violations

North Carolina courts issue protective orders to stop violence, harassment, or stalking. These orders may apply in a temporary or permanent form. They often arise from domestic conflicts, threats, or harmful behavior.

To secure a protective order, you must show the court credible proof, such as police records, medical documents, or witness testimony. A valid order blocks the person named in the complaint from contacting you or entering certain areas.

The process requires a petition and a formal hearing. You must attend this hearing to share your experience with a judge. The accused party also receives an opportunity to respond. Judges weigh both accounts before issuing a decision. If the court approves the petition, the order goes into effect with strict rules. Any violation of those rules can result in criminal charges.

What Counts as a Protective Order Violation

A protective order violation takes place when someone defies the restrictions written in the order. That defiance could involve face-to-face contact, messages, phone calls, or visits to restricted locations. A person might show up at your workplace, appear at your residence, or send a message through a third party. These actions break the law and qualify as violations.

Even indirect contact could trigger legal consequences. Courts allow evidence that shows patterns of repeated behavior or even isolated events.

Penalties for Violating a Protective Order

Protective order violations carry harsh penalties in North Carolina. A first offense could lead to a misdemeanor charge, while repeat or violent offenses may trigger felony prosecution. Courts impose jail time, fines, or probation depending on the facts of each case. Judges often respond quickly and severely when someone ignores a court-issued protective order.

These legal penalties extend beyond the courtroom. A conviction for violating a protective order may limit access to housing, employment, or child custody. A criminal record also creates long-term consequences for someone’s future. If you find yourself affected by a violation, you may take civil action while the state pursues criminal charges.

How Police and Prosecutors Handle These Cases

Police officers often respond quickly to reports of protective order violations. They gather statements, collect evidence, and check whether the accused broke the terms of the order. If they find proof, officers may arrest the accused on the spot. Law enforcement agencies across Wake County treat these cases with urgency to prevent further harm.

Once police submit their report, prosecutors decide how to proceed. They review all evidence, assess witness credibility, and determine whether to file charges. In most cases, prosecutors press charges when they see evidence of contact that violates the order.

Common Defenses in Protective Order Violation Cases

A person accused of violating a protective order may raise several defenses. Some claim they never received the order or did not understand its terms. Without proper service, a protective order may lack legal force. Others argue that no violation took place, especially if the contact occurred in a public space or resulted from coincidence.

Some defenses focus on mistaken identity or misleading claims. A defense attorney may question the reliability of evidence or witness statements. Courts examine these details before issuing a ruling. Legal representation ensures full consideration of facts on both sides. Our firm reviews every aspect of a case to uncover false accusations or procedural errors that may affect the outcome.

Schedule a Consultation with a Criminal Defense Attorney

If a court accuses you of violating a protective order, you face serious consequences. Take action now. Speak with a restraining order violation lawyer in Raleigh who understands these cases and the local court system. A consultation gives you the chance to explain your case, ask questions, and learn how the law applies to your situation. Contact the Law Office of Dewey P. Brinkley at (919) 832-0307 or by using the online form to schedule a free consultation to discuss your case.

What a DWI Defense Attorney for Repeat Offenders Can Do

DWI, ,

How Repeat DWI Charges Raise the Stakes

What a DWI Defense Attorney for Repeat Offenders Can Do

A repeat DWI charge brings serious legal and personal consequences. A second or third offense raises the risk of heavier penalties. Fortunately, working with a DWI defense attorney for repeat offenders can help mitigate more severe punishments. If you are facing new DWI charges, then work with a multiple DWI charges to give yourself a better chance of avoiding harsh penalties.

A second or third DWI charge brings steeper fines, longer jail time, and more restrictions. Courts often impose mandatory counseling, drug testing, or license revocation. In many cases, this escalation in penalties is mandatory for repeat offenders. Your past offenses increase the pressure. Employers, landlords, and insurance companies often view repeat convictions harshly.

Legal Defenses That Apply to Repeat DWI Cases

It is possible to build a strong repeat DWI case against escalating punishments or convictions. The key is having the right strategy for building your case. First, look at whether police had legal grounds for the stop. If officers lacked a valid reason, the court may dismiss the evidence. A good DWI defense attorney for repeat offenders will review the breath test and blood test records. Faulty equipment or misused procedures can make test results unreliable.

Medical conditions can affect your behavior or results, leading to an argument for mitigating circumstances. For example, certain illnesses or medications may influence how you appear to police. Courts sometimes overlook these explanations without the right legal support.

Factors That May Reduce Penalties in Repeat Offender Cases

Courts sometimes reduce penalties when defendants take responsibility and show progress. If you completed a substance abuse program or enrolled in treatment, for example, you may see some leniency from the court. Judges often consider these steps when determining a sentence.

A long gap between convictions may help lower penalties. If your last offense happened many years ago, highlighting your clean record since that time can help. Positive changes in your life matter and can be used to argue for lighter consequences, even in repeat offense cases.

Steps a Lawyer Takes to Challenge the Prosecution

Working with a multiple DWI charges attorney begins with a review of the full case file to find weak points in the prosecution’s argument. This includes police reports, arrest videos, and lab records. Inconsistencies or errors often appear in these documents. Use those details to raise doubts and reduce the weight of the prosecution’s evidence.

Calling in experts to examine key elements of your case can make a big difference. These experts may review blood alcohol test procedures or explain how outside factors influence test results. Expert testimony often sways the court’s opinion about the charges.

Your lawyer can negotiate when possible and prepare for trial when needed. In some cases, they can also seek a plea that avoids jail time, such as arguing for dismissal. Each case requires a different strategy. We choose the one that protects your interests and helps you move forward.

Schedule a Consultation with a Criminal Defense Lawyer

Charged with repeat DWI? Get help from a DWI defense attorney for repeat offenders. Call (919) 832-0307 for a free consultation.

How a Raleigh Criminal Lawyer for Teens Can Change a Juvenile Case

Criminal Defense, ,

When Law Enforcement Targets a Juvenile

How a Raleigh Criminal Lawyer for Teens Can Change a Juvenile Case

Being charged with a crime can be a life-changing event, especially when the person charged is a juvenile. Although there are courts specifically to handle the criminal charges for younger defendants, a ruling against you can be devastating. Fortunately, a juvenile defense attorney in Raleigh can make a difference in the outcome of your case. Learn more about how a Raleigh criminal lawyer for teens can change a juvenile case from the criminal defense team of the Law Office of Dewey P. Brinkley.

Law enforcement officers often treat juvenile suspects differently from adults, but confusion and fear can still dominate these encounters. Many minors do not grasp their rights or the consequences they face. You must act quickly to protect your teen’s future when law enforcement becomes involved. Minors often speak without fully understanding the consequences. Officers may misinterpret their words or behavior. Having counsel present can help mitigate these problems and keep defendants from inadvertently making their situation worse.

Common Charges Teens Face in Raleigh

Teens in Raleigh often face charges for theft, drug possession, assault, and vandalism. These offenses carry serious consequences. A conviction may damage education opportunities and job prospects. Peer pressure, immaturity, or lack of guidance often contribute to a teen’s actions, but the law doesn’t care much for mitigating circumstances. Each case demands a specific strategy, which is why the focus early in the case is to investigate thoroughly and find the right defense strategy.

Key Differences Between Juvenile and Adult Criminal Cases

Juvenile courts follow a different path from adult courts. These courts often aim to guide rather than punish. Sentences tend to focus on reform, not incarceration. These differences can be used to your teen’s advantage.

Juvenile records also receive more protection. Most juvenile cases stay confidential, shielding teens from the long-term damage a criminal record can cause. Taking the right steps to keep records sealed and limit future exposure is an important part of keeping your teen safe from long-term problems.

What to Expect from the Juvenile Court Process

Juvenile court cases start with an arrest and an initial hearing. The judge decides whether your teen stays in detention or goes home. Next, the court schedules further hearings. These include fact-finding sessions and disposition hearings.

How Legal Strategies Shift in Teen Defense

Juvenile defense calls for a focus on the future. We emphasize your teen’s potential and background. Judges respond to context, which is why the focus is on presenting school records, home environments, past behavior, and any other examples of upstanding citizenship and potential. These details shape how the court views your teen. We work to build a full picture that shows your teen as more than a criminal charge.

How a Criminal Defense Lawyer Can Influence the Outcome

The involvement of a Raleigh criminal lawyer for teens affects every stage of the case. From the first police interview to the final court decision, having a lawyer defend your teen’s rights shapes the direction of the case.

A good juvenile defense attorney in Raleigh builds trust with judges and prosecutors by being prepared and providing a quality defense for clients. These relationships allow us to argue for better resolutions.

Schedule a Consultation with a Criminal Defense Lawyer

Call our office to schedule a consultation. This first step gives you the chance to meet with us, ask questions, and explain your teen’s situation. We listen and provide honest feedback based on years of experience. Contact the Law Office of Dewey P. Brinkley at (919) 832-0307 or by using the online form to schedule a free consultation to discuss your case.

Breaking and Entering Penalties

Criminal Defense, , , ,

If you are implicated in a breaking offense in North Carolina, understanding the penalties and how they apply to your specific case is vital. Hiring a criminal defense lawyer should be your first step. While it might be daunting to navigate through the complex legal system, partnering with a seasoned defense lawyer can guide you through every legal turn, potentially reducing your sentencing or even getting charges dropped altogether. In this article, we discuss breaking charges in North Carolina and so penalties if convicted.

What is Breaking and Entering in North Carolina?

breaking and entering

Breaking and entering have penalties ranging from probation to prison time. In North Carolina, breaking and entering is defined as illegally entering someone else’s property without permission or authorization. It is considered to be a type of burglary, which is usually classified as either a first- or second-degree offense, depending on the circumstances of what happened.

The severity of the sentence for breaking will depend on a variety of factors, such as whether any property was stolen or damaged during the incident. The judge will also take into account whether or not this was your first offense, or what other charges are on your criminal record.

First vs. Second-Degree Burglary

With first-degree burglary, there were people in the home or commercial building who had been entered. It cannot be the area around the home, and there must be an intent to commit a felony. According to NC § 14-51, it is punishable as a Class D Felony and is punishable by up to 204 months of incarceration.

Second-degree burglary charges can be filed against you even if you are in the curtilage, or area around the dwelling. Usually, the dwelling isn’t occupied. The maximum jail time for this Class G Felony is 47 months.

Contact a North Carolina Criminal Defense Lawyer

If you or a loved one has been charged with breaking North Carolina law, you must contact an experienced criminal defense attorney right away. As an experienced attorney, Dewey P. Brinkley will be able to review your case and develop a strategy that will help minimize any potential penalties that you may face.

He will also be able to explain all your options so that you can make an informed decision about how best to proceed with your case. Contact the Law Office of Dewey P. Brinkley at (919) 832-0307 or by using the online form to schedule a free consultation to discuss your case.

Is Boating Under the Influence (BUI) a Crime in NC?

Criminal Defense, ,

Boating Under the Influence in North Carolina is illegal. Boating Under the Influence (BUI) laws are related or similar to driving while impaired (driving under the influence) (DWI/DUI) laws and carry similar consequences if convicted. It may be necessary to reach out to a DWI defense attorney for advice and help.

The key difference between DWI/DUI and BUI is that DUI is for cars and other motor vehicles on land whereas the BUI means operating a boat or other watercraft, such as jet skis, when impaired by alcohol or other controlled substances (drugs). In this article, we’ll provide an overview of BUI laws in North Carolina and some comparisons to DUI. If you have been arrested for this crime or DWI/DUI, you should retain a good North Carolina defense attorney.

What is BUI in North Carolina?

boat capsized due to BUI (boating under influence)

The state of North Carolina defines “boating under the influence” as operating any boat while having consumed enough alcohol or drugs to impair one’s ability to do so safely. It outlines this in G.S. 75A-10(b1). North Carolina Criminal Law Chapter 75a-10 refers to Operating a Vessel While Impaired – “Boating While Impaired” commonly referred to as “BWI” “Drunk Boating” or “Impaired Boating.”

It should also be noted that minors, those under the age of 21, are prohibited from operating any watercraft after having consumed any amount of alcohol or other intoxicants; otherwise, they face harsher penalties than adults would for similar offenses.

Drunk Boating Vs. Drunk Driving

The main difference between BWI and DWI is that one occurs on the water while the other occurs on land. While both offenses are dangerous, drunk boating has the potential for even greater danger due to a lack of boating experience, lack of marked roadways, and the unpredictable nature of the environment. Not only does this increase the risk of an accident occurring, but it also increases the chances of severe injury or death due to drowning.

On the other hand, there are many more drivers on land as it is our chief form of personal transportation. So statistically you are more likely to be in a car accident or possibly cause a car accident. According to the National Highway Traffic Safety Administration (NHTSA), 31% of traffic fatalities in the US involve drunk drivers (with BACs of .08 g/dL or higher).  Every day, about 37 people in the United States die in drunk-driving crashes. There is no comparison when it comes to BWI accidents. Boating under the influence though accounts for 50% of boating accidents according to stats.

Despite sharing common definitions with impairing driving laws, boating while impaired and surfing or skiing while impaired are not implied consent offenses. This means that boaters, skiers, and surfers—unlike drivers—are not considered to have provided consent to testing to a chemical analysis if charged with a BUI and that a refusal to be tested does not cause driver’s license revocation.

Penalties from a BUI Conviction

If you are arrested for Boating Under the Influence in North Carolina, there are numerous potential consequences that could result from your conviction. Penalties can be harsher depending on factors such as prior criminal history and degree of intoxication at the time of arrest.

Possible punishments range from fines and jail time to license revocation and community service requirements; however, it is important to note that these vary greatly based on individual circumstances and the severity of the offense. For instance, first-time offenders may receive leniency when compared to multiple-offense offenders who could face more severe punishments such as mandatory jail time or loss of their boating privileges permanently.

Most North Carolina BUIs are class 2 misdemeanors. The sentence a court can impose depends on the offender’s criminal history. But generally, North Carolina BUI offenders face $250 to $1,000 in fines and a maximum of 60 days in jail.

For DWI/DUI penalties, see our site.

Defenses to a BUI Charge in North Carolina

Lack of Evidence: One of the most common defenses to a BWI is that you were not impaired or operating the vessel in a negligent manner at the time of your arrest. This can be established through witness testimony or physical evidence, such as sobriety tests or breathalyzer results. However, if no chemical analysis was provided, then that particular physical evidence has not been provided and is not available as proof of impairment.

Lack of Probable Cause: Additionally, it is possible to argue that the arresting officers lacked probable cause for making the arrest in the first place, rendering any evidence obtained from it invalid.

Inaccurate Results: Another defense involves challenging the accuracy of breathalyzer results. These devices are not always accurate and can be affected by factors such as radio frequency interference, improper calibration, or even environmental factors like temperature and humidity. If these issues can be demonstrated in court, then it may be possible to have any breathalyzer evidence thrown out and have charges reduced or dismissed.

Mitigating Factors: There may even be mitigating circumstances surrounding an individual’s charge that can reduce liability or result in lesser penalties if accepted by a judge or jury. For example, an accused person may have been found operating their vessel after consuming alcohol due to an emergency such as medical distress or a mechanical malfunction on board their vessel. By demonstrating these extenuating circumstances in court, it may be possible to avoid conviction of a BUI charge in North Carolina.

Contact a DWI Defense Attorney

If you’ve been charged with BUI, it’s important to have experienced legal representation. Working with a criminal defense lawyer can help you understand your rights and options in North Carolina.

Leading DWI defense attorney lawyer Dewey Brinkley has helped many clients fight against DWI/ DUI accusations. He understands the seriousness of the charges and will act with discretion while vigorously challenging the prosecution’s case. If he cannot assist you with your BUI charges, his legal reputation and associations within the North Carolina legal community will enable him to make recommendations.

Contact the Law Office of Dewey P. Brinkley at (919) 832-0307 or by using the online form to schedule a free consultation to discuss your case.

What Is the Crime of Sexual Harassment?

Sex Crimes, ,

Sexual harassment refers to any unwelcome communication or contact that creates a hostile or offensive work environment. This can be verbal or physical, such as unwanted touching or sexual comments.

Sexual harassment can interfere with someone’s ability to perform their job or create an intimidating or offensive work environment.

When harassment escalates beyond  a breach of civil or workplace acceptable behavior, then perpetrators may move into criminal behavior and arrestable charges. The crime of harassment is a serious offense that can have profound consequences. Criminal harassment is defined as a pattern of harassing actions against a specific individual. In this article, we’ll discuss sexual harassment  in the context of a criminal offense.

Crimes Associated With Sexual Harassment

sexual harassment at workplace

There are a number of crimes associated with sexual harassment in North Carolina. In our state there isn’t a specific crime called sexual harassment. Rather, behaviors and actions that are harassing with a sexual overtone can qualify as other types of offenses that are a crime. These include:

● Statutory rape
● Forcible rape
● Forcible sexual offense
● Sexual activity with a parent
● Sexual activity with a student
● Sexual battery
● Harassment
● Stalking
● Domestic violence

 

Types of Sexual Harassment

The definition of sexual harassment, as seen earlier, is in the context of inappropriate workplace behavior. If you engage in workplace misbehavior, this is not a crime but rather a reason for workplace discipline and perhaps discharge from the job. Workplace harassers will often have to resign to avoid being fired. For example, House Representative Scotty Campbell of Tennessee recently resigned when his workplace sexual harassment was revealed.   Examples of workplace sexual harassment are:

Quid Pro Quo

The most common type of sexual harassment in the workplace is quid pro quo. It occurs when a person in a position of power, such as a supervisor or manager, requests or demands sexual favors from an employee in exchange for some benefit. This can range from offering promotions, raises, or special privileges to punishments, such as withholding job security, if those favors are not granted.

Hostile Working Environment

Another form of workplace sexual harassment is creating a hostile working environment through unwelcome sexual conduct such as sexual advances, requests for sexual favors, comments of a sexual nature, physical contact of a sexual nature, and other forms of sexual contact.

These actions of an individual make the workplace  intimidating, hostile, or offensive for one or more workers by their sexual comments and actions.  Creating a hostile workplace environment is illegal under Title VII of the Civil Rights Act of 1964 and employers are obligated to take steps to prevent it from occurring in the workplace. Employers must have policies in place that prohibit such behavior and provide training to employees so they understand what constitutes inappropriate conduct. An employee found to be guilty of sexual harassment will likely be fired and could be sued civilly by the victim or victims.

Harassment Can Escalate to Criminal Behavior

But harassment can take many forms, including sexual, and occur outside a workplace. For example, a person can be harassed by racist slurs, homophobic comments,  misogynist remarks, and inappropriate comments about a disability. Sexual harassing comments may be ones that discuss things of a sexual nature the speaker would want to do to the victim or comments about body parts like breasts and genitalia.  Further touching a person such as rubbing their back or thigh while indicating attraction when it is not welcomed, wanted, or invited is harassment. Imagine a woman riding a bus daily, and some rider creep starting commenting on her breasts

For example Sexual Battery is a crime defined as “the crime of sexual battery may occur if an individual, for sexual pleasure, gratification, or abuse, engages in sexual contact with another individual.” For sexual battery to be a crime, the sexual contact must have been by force or against the will of the other person, or if the person isn’t able to reject the sexual advances because he/she is mentally disabled, mentally incapacitated, or physically helpless.

Being accused of the crime of harassment, sexual battery,  forcible sexual offense, or rape  is a serious accusation. If accused or charged with a crime of this magnitude, you are likely afraid about what will happen to you if convicted.

Criminal Penalties in North Carolina

Criminal harassment convictions in North Carolina are often the most serious type of misdemeanor in the state called a Class A1 misdemeanor.  However, some convictions can be felony convictions.

For example, stalking is a crime in North Carolina and can definitely be harassing behavior. A defendant with prior stalking convictions is guilty of a Class F felony. Stalking also often falls within the domain of domestic violence, another criminal offense. If convicted of a felony offense, the penalty could be up to 12 years in prison and/or fines.

If convicted you have a criminal record which will likely affect your ability to get or keep a job, obtain a loan, be approved for an apartment, and other such effects. You will likely experience difficulties in your personal  with relationships and your mental health.  Further a conviction can be strong evidence if you are sued civilly for your actions and if found culpable then hefty compensatory damages as well as punitive damages may be awarded which is intended to civilly punish the offender and deter future bad behavior.

Seek Help If Criminally Charged

If you have been accused of any type of criminal harassment or related crimes, it is important to seek legal help from an experienced criminal defense attorney as soon as possible. Dewey Brinkley is a renowned Raleigh criminal defense lawyer who understands how charges like these can be terrifying and a conviction can be negatively life changing. He understands your rights under the law and will work to defend you rigorously against such accusations. Following his stint as a Wake County Assistant District Attorney and establishing his law office in 2005, he has focused on handling serious felonies, DWI, drug crimes, sex offenses and misdemeanors.

Clearly having an experienced criminal defense lawyer is key to beating allegations of criminal behavior.

Contact a North Carolina Criminal Defense Lawyer

If you or someone you know has been unjustly accused of criminal harassment or other sexual offenses, it is essential to seek the advice of a criminal defense lawyer immediately. As an experienced trial attorney and skilled litigator, Attorney Brinkley can navigate the North Carolina criminal justice system, build a strong defense strategy, and work to help you avoid conviction. Contact the Law Office of Dewey P. Brinkley at (919) 832-0307 or by using the online form for assistance.

Don’t Plead Guilty to a DWI Without a DWI Defense Lawyer

DWI, ,

If you have been arrested for DWI meaning Driving While Impaired, you may feel you need to plead guilty and accept the consequences. However, we recommend you should never plead guilty without consulting an experienced DWI defense attorney first. In North Carolina DWI or DUI (Driving Under the Influence) is a very serious crime and you should not willingly admit guilt.

It’s important to understand before you plead guilty to knowing what the consequences of pleading guilty could be such as fines, loss of driving privileges, imprisonment, and exclusion from society. These are serious penalties, life changing in some cases. There may be strong reasons that the charges are wrong or not supported by evidence.  Your DWI defense attorney can explain these defenses to you to challenge DWI allegations.

A DWI/DUI attorney like Raleigh North Carolina attorney Dewey Brinkley can mean the difference between going to jail or freedom. It can mean having a future where you can get a job or a loan, lease an apartment, or buy a house because you don’t have a criminal record that allows society to deny you access to these essential things. You have rights. Do not talk about the accusations without your lawyer. It will be difficult but you must try. As stated in the Miranda Warning “Anything you say can and will be used against you” and “You have the right to an attorney”

Effect of Pleading Guilty to a DWI Charge

arrested dwi person talking with dwi defense lawyer

If you are facing DWI charges, it is important to understand the effect of pleading guilty. Pleading guilty to a DWI charge can result in fines, license suspension, required community service, mandatory substance abuse evaluation and classes, and  jail time. Furthermore a criminal history has an effect on getting a job, a loan, an apartment/house, maybe even a passport. After all, you’re confessing your guilt without a trial or due process. You do so without knowing what evidence the prosecutors might have and if it would stand up to scrutiny.

Instead it is best to talk with an experienced DWI defense attorney before considering a guilty plea to DWI/DUI charges in North Carolina. Your lawyer can also help build a strong defense and negotiate with the prosecution.

Common Defenses Against DWI Charges

There are certain defenses that can be used to reduce or even dismiss the charges.  For example, one possible defense is arguing that the evidence collected was insufficient or unreliable. For example, if the breathalyzer device was not calibrated properly or the blood test was contaminated, the accuracy of the results can be called into question.

Another defense is challenging the officer’s probable cause for making the traffic stop. If the officer did not have a valid reason for pulling you over, any evidence gathered from that traffic stop may not be admissible in court.

Or it may be possible to argue that the signs of impairment were due to factors other than alcohol consumption, such as prescription medication or a medical condition.

There are any number of ways that DWI charges may be wrong and you should avail yourself of every possible chance to defend yourself.

When to Hire a DWI Defense Attorney After an Arrest

With a DWI arrest, it is important to hire a skilled DWI defense attorney as soon as possible to minimize the impact of a DWI arrest. As soon as you get a chance, call an attorney. Law enforcement will not make the wait pleasant so you have to be strong and patient. Do not submit to any additional testing if possible. And again, avoid talking or making excuses or trying to explain. Any statement may be misconstrued by prosecutors as admitting to being impaired or under the influence of alcohol or drugs. Let your attorney do the talking. An attorney like Attorney Brinkley know the law and will advise you and defend you.

Often, people who have been arrested for DWI may not know the full extent of the charges they face or the evidence collected against them, so a lawyer can help to review the specifics of the case and give sound legal advice. Effective DWI lawyers are often successful in reducing charges, which can help lower fines, court costs, and other expenses that you may face if you are convicted of a DWI/DUI.

At the Law Office of Dewey P. Brinkley, we are here to help you have the strongest defense against DWI charges in North Carolina possible.

Contact Raleigh DWI Defense Attorney Dewey P. Brinkley

If you’ve been charged with a DWI, it’s vital to understand that pleading guilty without seeking the advice of a DWI defense attorney can have dire consequences. The penalties both in the courtroom and out in the world with a criminal record make a conviction very dangerous.  Do not take a chance. Obtain the best legal defense and fight that charge. Contact the Law Office of Dewey P. Brinkley at (919) 832-0307 

North Carolina DWI Laws

DWI, ,

Driving while intoxicated, a DWI,  is a serious offense that can result in legal consequences that can have a long-lasting impact on your life. North Carolina’s DWI laws are, like other states, fairly unforgiving. A conviction of a DWI here can lead to jail time, large fines and even a loss of your license. That’s why if you’ve been charged with a DWI, you need a skilled DWI lawyer in Raleigh who will aggressively defend you.

A skilled attorney can defend you, protect your rights, and mitigate the potential consequences of a conviction. With a little luck, charges will be dropped and no prosecution will even occur.

DWI Blood Alcohol Limits in North Carolina

north carolina dwi lawsThe North Carolina Department of Public Safety outlines what constitutes a DWI.

According to the statutes, it is illegal to drive while noticeably impaired or with a blood alcohol concentration of 0.08. For commercial vehicles, this limit is 0.04. It is important to know that you do not have to have a BAC above a certain limit to be convicted of a DWI, as the law notes that anyone who is “noticeably impaired” can be convicted.

North Carolina DWI laws are strict regarding underage drivers as well. Individuals under the age of 21 with a blood alcohol concentration of .01% or more are subject to arrest and DWI charges. Driving under the influence of drugs or alcohol under the age of 21 can result in license revocation and mandatory substance abuse treatment.

Penalties for DWI Convictions in North Carolina

If convicted of DWI, drivers may face a range of penalties, including fines, license suspension or revocation, community service, and jail time. Even first-time DWI offenders in North Carolina face a range of potential penalties, including the suspension of their driver’s license, community service, probation, and even jail time. Penalties may increase for repeat offenders.

The severity of punishment varies based on factors such as the driver’s BAC level, whether the driver has prior DWI convictions, and whether any injuries or property damage occurred while driving under the influence.

Other Restrictions For DWI Offenders

In addition to fines, jail time, and license suspension, there are several other restrictions that DWI offenders can face. One of the most common restrictions is the installation of an ignition interlock device, which prevents a vehicle from starting if the driver has been drinking.

Offenders may also be required to attend alcohol education or treatment programs. Habitual impaired driving can result in permanent license revocation.

Other restrictions that may be imposed on DWI offenders include community service, probation, and vehicle forfeiture.

Implied Consent Laws

North Carolina does have an “implied consent” law, which states that if you’re lawfully arrested by an officer who has probable cause to believe that you have been drinking, then you consent to taking a chemical test of your blood or breath to determine your blood alcohol content (BAC). Refusing to consent can mean an immediate loss of licensure and penalties similar to that of a DWI.

How Long Does a DWI Stay on Your Criminal Record?

A DWI conviction will remain on your record permanently. This means that any future employers, landlords, or other interested parties will be able to see your prior DWI conviction, even if it was many years ago. It may also affect your ability to obtain employment, housing, and other opportunities that involve a background check.

So you can see how important it is to do everything you can to avoid a conviction. Get a good lawyer! 

Top Raleigh DWI Lawyer

It is essential to protect your rights and understand the legal consequences of a DWI in North Carolina. Dewey Brinkley is a top DWI Lawyer in Raleigh, with over 115 4.9 Google Reviews. He will leave no stone unturned to defend you. He and his team will comb through every aspect of your case and build it around three crucial elements: what is the evidence of “bad driving,” are the field sobriety tests questionable in any way, and were the breath or blood testing procedure legally conducted.

If you are facing charges of driving while intoxicated, it is critical to have the best DWI lawyer and do everything you can to avoid conviction.  Contact the Law Office of Dewey P. Brinkley at (919) 832-0307 or by using the online form.

Possible Outcomes If You Are Arrested

Criminal Defense, ,

If you are arrested, it can be a frightening experience. Whether you are guilty or innocent, the experience can be stressful, time-consuming, and potentially life-changing. When you are arrested, it is crucial to understand your rights and what could happen next. The potential outcomes of an arrest can vary depending on the circumstances of the arrest, the charges against you, and other factors.

Some of the possible outcomes if arrested are you may have to deal with legal fees, potential jail time, court appearances, and a criminal record that could follow you for years. In this article, we will explore the possible outcomes of being arrested and what you can expect if you find yourself in this unfortunate situation.

Dismissal or Nolle Prosequi

criminal defense arrest by police

Dismissal, also known as nolle prosequi, is a decision made by the prosecutor where they choose not to pursue the charges against the defendant. This would be a good outcome if arrested.

A dismissal of all charges can be based on various factors, such as insufficient evidence, the relative unimportance of violation, or the unlikeliness of a conviction. In cases where the evidence is weak, the prosecutor may choose to dismiss the case to avoid a loss in court.

Your defense attorney can also request dismissal on your behalf, especially if they believe that the prosecution’s case is weak. A dismissal is not an admission of guilt, and the defendant is usually free from the charges.

Sometimes the charges are dismissed because a plea agreement has been reached between the prosecuting attorney’s office and the defendant (the accused). A plea agreement is generally a deal where the defendant agrees to plead guilty to lesser charges instead of the original charges in exchange for a reduced sentence. A good defense attorney may be able to negotiate a plea deal, so the original charges are dropped and your penalties are less consequential.

Acquittal

An acquittal is another outcome if arrested that is a good outcome.  An acquittal is a finding by a judge or jury that a defendant is not guilty of the crime charged after a trial has been conducted. Note that an acquittal does necessarily not mean that the defendant is innocent in a criminal case. It is a legal outcome of a criminal trial where the defendant has been cleared of all accusations, charges, and any criminal responsibility.

It is the responsibility of the prosecution to prove beyond a reasonable doubt that the defendant committed the alleged crime. If the jury or judge finds that there is insufficient evidence to support the charges or that the evidence presented does not prove the defendant’s guilt beyond a reasonable doubt, an acquittal is issued.

Not Guilty

Not guilty in criminal law means that a defendant has been proven innocent of the charges filed against them. This is also a good outcome if arrested. Not guilty means that a defendant is not legally answerable for the charge filed against them. Like an acquittal, it is a verdict reached by a judge or jury after a trial where the prosecutor has not proven beyond a reasonable doubt that the defendant committed the crime. A not-guilty verdict is final and cannot be appealed or challenged later.

Conviction

The worst possible outcome if arrested is a conviction. Conviction is the decision made by a judge or jury declaring the accused guilty of a criminal offense. In this instance, the prosecution has proven beyond a reasonable doubt that the defendant committed the offense. It means that the judge or jury has found the evidence to be sufficient and convincing to deem the defendant guilty of the crime. The court will then sentence the convicted defendant to its punishment, which can be jail time, fines, or additional penalties. A conviction is the final judgment of the case but can be appealed.

Possible Penalties if Convicted

If found guilty of a crime, you may face a variety of penalties depending on the severity of the offense. If the crime is a misdemeanor, you may only have to pay fines or perform community service. However, if the crime is a felony, the penalties can be much more severe. For example, you may have to serve time in prison and/or pay large fines.

Also being convicted of a crime leaves you with a criminal record that could affect your future job prospects, housing opportunities, and relationships. It is important to remember that the consequences of a conviction can be long-lasting and may impact your life in many ways.

Contact a North Carolina Criminal Defense Lawyer

Being arrested can be a traumatic experience, and the potential penalties if convicted can leave you worried sick. If you have been arrested or charged with a crime, it is in your best interest to contact a North Carolina criminal defense attorney, like Dewey P. Brinkley. Mr. Brinkley has extensive experience in criminal defense cases, and he can outline all of your legal options. If you are arrested, do not talk with the police until your attorney is with you.

An experienced criminal defense attorney is your best bet against a criminal conviction. Mr. Brinkley will work rigorously to get you the best possible outcome in your case. He will protect your rights.

Contact the Law Office of Dewey P. Brinkley at (919) 832-0307