Tag Archives: attorney in raleigh

Defense Lawyer, Raleigh NC – What Is Your Most Rewarding Win? (Video)

This is Part 22 of our weekly North Carolina Criminal Defense video blog: “What Is Your Most Rewarding Win?


I’ve had a client who was charged with molesting his daughter. The facts of the case were that the daughter came forward after a significant amount of time and alleged that her father had touched her inappropriately as a child and my client vehemently denied ever having done anything like that.

The mother and father, my client and his wife, were going through a divorce. The mother was pushing the prosecution of that case. Ultimately, he testified and we secured a not guilty.

It was extremely emotional and the level of preparation and detail and sitting with that client and preparing him to testify was probably the most emotional and rewarding verdict that I’ve had as a criminal defense lawyer.

Meet Raleigh Defense Attorney Dewey P. Brinkley (Video)

This is Part 21 of our weekly North Carolina Criminal Defense video blog: “Meet Raleigh Defense Attorney Dewey P. Brinkley


My name is Dewey Brinkley. I practice criminal defense and traffic law here in Wake County, North Carolina. I’ve been a criminal defense attorney for about 13 years now. I was an assistant DA here in Wake County for about two and a half years, mainly in district court, some in superior court.

The real benefit of being an assistant DA is you get to try so many cases. It has helped my development as a defense attorney just to have that trial experience and kind of know how the other side approaches cases.

I really found it to be an invaluable experience to do that. I got lots of trial experience as an assistant district attorney. I got to meet law enforcement officers. I learned a lot about our judges and our district attorney’s office. I learned the elements of crimes, and I think it really helped me to understand what the weaknesses in certain cases may be.

Raleigh Criminal Lawyer Dewey P. Brinkley – Cases Our Law Office Accepts (Video)

This is Part 20 of our weekly North Carolina Criminal Defense video blog: “Cases Our Law Office Accepts


I take all criminal defense cases, everything from first degree murder down to the most simple misdemeanor cases. I also do traffic cases so if someone calls me with a speeding ticket everything to DWI on the traffic side; everything from the most serious felonies to the most minor misdemeanors as far as criminal defense.

Defendant in a Domestic Violence Case in Raleigh? Here’s What to Do

Defendant in a Domestic Violence Case in Raleigh? Here's What to DoDomestic violence charges are not these exclusively private affairs that you can glide by. For instance, even if there wasn’t a serious injury, even if your partner wants to drop the case, and even if your friend, a real estate lawyer, seems like a good option for representing you, then you’d be in for a surprise. Domestic violence cases can be complex and the Raleigh and Wake County courts can be particularly unforgiving to individuals charged with domestic violence.

From being separated from your family for a long period of time to getting a criminal record and the long-term consequences associated with it, it’s absolutely critical to speak with the best domestic violence defense attorney in Raleigh, Dewey P. Brinkley. If you were charged with domestic violence, don’t hesitate and call our criminal defense law firm today at (919) 832-0307. Free consultations are available.

In the meantime, as a defendant charged with domestic violence in Raleigh, here are a few things that you can do.

What to Do After Being Arrested for Domestic Abuse?

Being arrested, no matter the charges or the circumstances surrounding the arrest, is a stressful and emotional experience. When arrested for domestic abuse, however, the high levels of stress and emotion cause a fairly dangerous situation for police officers. In fact, many police officers in Raleigh and Wake County have reported that domestic violence calls often pose the most threat to the responding officers.

Right to Remain Silent and Remaining Civil

Therefore, whether or not the police are making a mistake in arresting you, it is absolutely critical that you comply, remain polite, and use your right to remain silent. In order to invoke this right, calmly and politely say, “I want to invoke my right to remain silent,” instead of not responding to the police questioning. Furthermore, you don’t want to incriminate yourself by saying something that the prosecutor can use against you.

Calling a Criminal Defense Attorney

If arrested and charged with domestic violence, don’t consider it equivalent to a speeding ticket or something insignificant. Remember, criminal charges will adversely affect your freedom, your job, your ability to make a living and gain employment in the future, and your family, as well as many other matters.

By acquiring an experienced criminal defense attorney, your attorney will work on your behalf to gather evidence and investigate the circumstances of the charge.

Cooperate and Follow Any Requirements Regarding Counseling or Diversion Programs

If you are convicted of domestic violence and are given an alternative sentence to jail time, make sure that you follow these regulations to a “T.” If you fail to fulfill these requirements, then original penalties or other consequences may be imposed.

Asked to Visit the Detective Regarding “Your Side of the Story?”

Often in a domestic violence case, our clients will call us saying, “The detective in my case called me in so that I can tell my side of the story.” The detective will generally sound very nice, like he/she just wants to straighten out the facts and move on.

A general rule, however, is that if you are called into the precinct, you should consult your attorney and don’t go alone. The detective may not want to straighten things out, but, instead, he/she may be looking to arrest you. For instance, the officer may ask for your side of the story, and if you respond, “My wife was trying to attack me, and so I pushed her away,” then you may have just admitted to pushing your wife. Now, the DA might just have the necessary evidence to move forward with your case.

The Victim and Your Domestic Abuse Charges

Many, if not most, of the claimants in a domestic violence case (i.e., the “victim”) regret having their spouse arrested. As a result, they may try to call the precinct or the defendant’s attorney trying to get the charges withdrawn.

Unlike civil cases, where the plaintiff can withdraw his/her motion, criminal charges in North Carolina act a bit differently. As a criminal case, the victim is considered a “witness” and does not, technically, file or decide whether the charges will be dropped. It is up to the State regarding how a case will proceed in criminal courts.

How the Law Office of Dewey P. Brinkley Can Defend Your Charges

Every domestic violence case is different, involving a wide range of factors, causes, and effects. As a result, our criminal defense approach to your domestic violence case will highly depend on these factors.

At the Law Office of Dewey P. Brinkley, we will thorough investigate these factors, provide you with essential and realistic counsel regarding your case, and we will use leading domestic abuse defense tactics to seek a favorable result in North Carolina courts.

For a free consultation, contact the Law Office of Dewey P. Brinkley today at (919) 832-0307

Raleigh Criminal Defense Lawyer – The Juvenile Criminal Process in North Carolina (Video)

This is Part 8 of our weekly North Carolina Criminal Defense video blog: “The Juvenile Criminal Process in North Carolina


Typically a juvenile will not be – it’s very rare that they will actually be arrested and taken into what we call secure custody. If it’s a misdemeanor or a relatively low level felony and that juvenile has not ever been in the juvenile court system before and doesn’t have the history of being in trouble most likely they won’t be arrested.

They will be noticed to come to court with their parents. If it’s a very serious felony or that juvenile has been in trouble several times, then the court can certainly issue what’s called a secure custody order and have that juvenile taken to a juvenile detention facility.

Raleigh Defense Attorney Answers, “Sentences for Juvenile First-Offenders?” (Video)

This is Part 6 of our weekly North Carolina Criminal Defense video blog: “Sentences for Juvenile First-Offenders?


When juveniles are first in trouble or they’re charged for the first time, often unless it’s a very serious felony such as murder, armed robbery, or rape, unless it’s an extremely serious felony, a juvenile is normally going to be tried on probation.

That court counselor wants to try to keep the juvenile in the home, perhaps put services in place so they can be successful. If the juvenile violates their probation by going out and committing a new criminal offense or a more serious offense, that’s normally when the court counselor’s going to be looking at out-of-home placement option, whether it be a group home or another treatment facility.

If the juvenile continues to reoffend, potentially they would look at what we call a Youth Development Center, which is like a juvenile prison.

What to Know About North Carolina Domestic Violence Law

In North Carolina, victims of domestic violence are protected by both criminal and civil laws. However, most domestic violence cases in North Carolina are prosecuted through general criminal statutes. The law describes domestic violence as one of several violent acts when committed between people sharing a personal relationship, and individuals convicted of domestic violence could be looking at some very serious penalties.

North Carolina Domestic Violence | Raleigh Domestic Violence Attorney

If you are charged with committing a crime involving domestic violence, or if you are accused of committing domestic violence in a petition for a court order, it’s essential to speak with an experienced and knowledgeable Raleigh criminal defense attorney as soon as possible. For a free, confidential consultation with defense attorney Dewey Brinkley, call our Raleigh Law Firm today at (919) 832-0307.

Definition of Domestic Violence in North Carolina

Although the most common idea of domestic violence is what’s portrayed on television in the media, there are several ways that a person can commit domestic violence and violate North Carolina law. The law covering domestic violence is N.C. Gen. Stat. § 50B.

In general, domestic violence occurs when any of the following acts are committed against a person with whom the offender shares or shared a personal relationship, or against the minor child of such a person:

  • Intentionally causing to attempting to cause injury
  • Putting the victim or the victim’s family in fear of imminent danger. The actions must cause substantial emotional distress, putting the victim in fear of serious injury or continued harassment
  • Committing a sex-related crime, such as rape, sexual offenses, sexual offense with a child, sexual battery, statutory rape, or intercourse with certain victims

The law often mentions “personal relationship.” This is defined as:

  • A current or former spouse
  • Persons who live together or have lived together
  • Related as parent or child
  • Parents who have a child in common
  • Current or former household members
  • Persons who were in a dating relationship

Punishments in Domestic Violence Cases in North Carolina

There are many different punishments and sentencings for domestic violence, and the severity of the punishment often depends on the circumstances of the alleged offense, the severity of the victim’s injury, the offender’s criminal history, and so forth.

In these cases, the prosecutor and the judge will establish that there is a personal relationship, and if the crime fits the definition of domestic violence, then the judge can also impose special conditions when sentencing the defendant.

Some common misdemeanor domestic violence crimes include:

Some felony domestic violence crimes can include:

If the alleged offender doesn’t have any priors and the charge is minor, then the person may be eligible for pre-trial release. Furthermore, the judge may impose special conditions on the case, such as requiring the defendant to undergo medical or psychiatric treatment, such as rehabilitation, counseling, treatment, training, etc. The defendant may also be asked to complete a Drug Treatment Court Program, abstain from alcohol or drugs, and remain at home except for work and school, for instance.

Defense for Domestic Violence Charges

Your criminal defense attorney will help you navigate the arrest and court processes, representing and defending your case at every stage and keeping you informed regarding defense strategies and legal options.

Some common domestic violence strategies and tips can include:

  • Completely abiding by any “no contact” orders.
  • Reaching out to the victim and trying to mend things.
  • Proving that you acted out of self-defense and concerned with your own safety.
  • Proving that you acted out of a necessity to protected your child.
  • Proving that you acted with legal justification on your side.
  • Proving that you didn’t batter the victim.
  • The police didn’t follow procedure, such as not reading your rights or conducting an illegal search.
  • If the evidence is stacked against you, it’s important to show that the abuse was an isolated incident.

Based on your interests, you and your attorney can fight for innocence, dropped charges, or alternative or reduced sentencing.

Call Criminal Defense Attorney Dewey P. Brinkley Today

Domestic violence charges can wreak havoc on your life, ruin your reputation, give you a criminal record, and possibly put you away behind bars for some amount of time. For this reason, it’s critical to get the defense experience of Raleigh domestic violence attorney Dewey P. Brinkley. For a free consultation with our law firm, call our Raleigh law firm today at 919-832-0307.

Legal Options for Wake County Residents Charged With Drug Crimes

Charged with a drug crime in Wake County? Depending on a variety of factors, such as the actual drug crimes you were charged with, the circumstances surrounding the alleged offense, and other aggravating and mitigating factors, you could be facing a misdemeanor or a felony, punishable by large fines, incarceration, and other penalties.

Wake County Drug Crime Attorney | Legal Options for Drug Crimes

However, you do have legal options when charged with a drug crime, and you are allowed to defend the charges with the criminal defense representation of a Wake County drug crimes lawyer. At the Law Office of Dewey P. Brinkley, attorney Brinkley has defended many individuals charged with drug possession, distribution, and more.

For a free consultation regarding your charges and how we can help, call our Raleigh defense law firm today at 919-832-0307.

Types of Drug Crimes in North Carolina

Both federal and North Carolina laws cover and enforce many types of drug crimes. For most drug crimes in Wake County, however, it is state, county, or local police who arrest and charge Wake County residents with drug crimes. This means that you’ll be dealing with the State criminal justice system; if you were arrested on federal charges, your case will go through federal courts.

Some of the more common types of drug crimes include:

  • Drug Paraphernalia — Describes any piece of equipment used to prepare, inject, inhale, or conceal illegal drugs. It is a misdemeanor to possess drug paraphernalia (N.C.G.S. § 90-113.22), including bongs, a wide variety of pipes, rolling papers, and syringes.
  • Drug Possession — It is illegal in North Carolina to possess any illicit controlled substances, such as marijuana, cocaine, heroin, ecstasy, and so forth. Smaller amounts can result in less serious punishments, while larger amounts can result in more severe punishments.
  • Drug Manufacturing & Deliver — It is illegal in North Carolina to be involved in any step of the production process of an illegal drug. Manufacture of any drug is usually a felony. It is important to note that marijuana cultivation involves a much different penalty than, say, meth manufacturing.
  • Drug Trafficking — It is illegal in North Carolina to possess, transport or distribute (sell) large amounts of controlled substances. Drug trafficking requires a mandatory minimum jail sentence.Trafficking 10 to 50 pounds of weed can result in 25 to 30 months in prison, while trafficking 4 to 14 grams of heroin can result in 70 to 84 months in prison.
  • Drug Dealing — This refers to the selling of drugs on a smaller scale (compared to trafficking), and it can be a misdemeanor or felony depending on the type and quantity of drug.

It is also important to note that North Carolina law also makes it illegal to own a grow house, or maintaining a property used to drug manufacturing or distribution purposes.

What to Do If You’re Charged With a Drug Crime in North Carolina

If you or a loved one is charged with drug possession (or another drug crime) in North Carolina, there are going to be some important legal decisions that you need to make. Furthermore, it’s important to remember that, in North Carolina, if you are 16 years old or older, then you can be charged as an adult in our criminal justice system.

First offenders, however, do have the option for dismissal of certain drug charges; however, the First Offender program is often wasted by those who are innocent, by charges based on insufficient evidence, or those who are victims of illegal detentions, searches, and seizures.

Nonetheless, while you’re being arrested with a drug crime in North Carolina, it’s important to use your right to remain silent. If you believe that the police have acted wrongly, don’t fight the police on the scene. Instead, collect the names and addresses of witnesses and file a written record as soon as possible.

After the arrest, it’s best to consider your legal options and consult with your drug crimes defense lawyer.

Your Defense Attorney and Drug Crime Legal Process

If you’ve been charged with a drug crime in North Carolina, about 95 percent of the cases will have one of the following six outcomes:

  1. Not Guilty. If found not-guilty, the defendant has the right to an expungement to have the criminal record wiped clean of any indication of an arrest or a charge.
  2. Guilty. If found guilty, the judge will listen to the State and the Defense to determine sentencing.
  3. Plea Agreement With Cooperation. The State agrees to dismiss some of the charges or reduce punishment in exchange for a guilty plea and, possibly, “substantial assistance,” which as working with law enforcement in drug buys and phone calls, and possibly testifying against others involved in drug trade.
  4. Plea Agreement Without Cooperation.The State agrees to dismiss some of the charges or reduce punishment, but the defendant refuses to cooperate.
  5. Division or Deferral Program. In some cases, a person may be eligible to take part in a division or deferral program.
  6. Dismissed Charges. Sometimes, charges are dismissed for a variety of reasons.

Contact Wake County Drug Crimes Attorney Dewey Brinkley

If you are arrested for an alleged drug crime in North Carolina, the most important thing to remember is to stay calm and that you have rights. Secondly, following the arrest, you can count on Wake County drug crimes attorney Dewey Brinkley to provide a professional, vigorous legal defense. For a free consultation with attorney Brinkley, call our Wake County law firm today at 919-832-0307.

Wake County Juvenile Lawyer Answers, “Can You Choose Your Child’s Attorney?” (Video)

This is Part 4 of our weekly North Carolina Criminal Defense video blog: “Can You Choose Your Child’s Attorney?


The court assigns the attorney, so really, the parents and the juvenile don’t get to pick which attorney they want. A lot of times in juvenile court, we run into conflicts with the parents simply because the juvenile may want one outcome and the parent wants a different outcome. Our role in juvenile court is to advocate for that juvenile and the best interest of the juvenile, not what that parent wants to see happen in the case.

Basics About DWI Chemical Tests

When arrested for a DWI offense in North Carolina, one of the most important pieces of evidence is the results of the chemical tests. According to North Carolina law § 20-139.1, chemical tests are admissible as evidence and also deemed as sufficient evidence to prove a person’s blood alcohol concentration (BAC). The chemical tests are usually given after a field sobriety test during a traffic stop, and they are generally considered reliable.


However, as DWI defense attorneys in Raleigh, NC, we at the Law Office of Dewey P. Brinkley know that DWI chemical tests aren’t always perfect. If you need one of the leading defense attorneys with years of experience representing people just like you, call criminal defense attorney Brinkley today at (919) 832-0307.

North Carolina Implied Consent Laws

Under North Carolina law § 20-16.2, the “implied consent” law, if a police officer has probable cause to believe that you’ve been drinking, then you already consent to a blood or breath test to determine your BAC. You can be asked to comply with a chemical test before arrest as well, such as at a DWI checkpoint, if you were in an accident, or if you were caught breaking a traffic law, and the officer believes you were drinking.

The actual text of the law reads: “Any person who drives a vehicle on a highway or public vehicular area thereby gives consent to a chemical analysis if charged with an implied-consent offense. Any law enforcement officer who has reasonable grounds to believe that the person charged has committed the implied-consent offense may obtain a chemical analysis of the person.”

Refusing to Take a Blood, Breath, or Urine Test in North Carolina

After the arrest, the police officer should inform you, in writing, that refusing a chemical test can result in the automatic suspension of your driver’s license for a year. If it’s your first chemical test refusal, you could get limited driving privileges after serving 6 months of the suspension.

It’s important to keep in mind that refusing a chemical test isn’t a “get out of jail free” card. Refusing the test won’t keep you from getting convicted for DWI. On the contrary, the prosecution may argue that you refused the chemical test because you knew you were legally intoxicated.

Chemical Test Process in North Carolina

Usually, the chemical test will come after the field sobriety test, or if the police officer has strong reason to believe that you’re intoxicated. The three types of chemical tests  include:

  • Breath tests – Breath tests are most commonly measured with the portable breathalyzer. This indirectly measures BAC by testing for alcohol on the subject’s breath, and then a formula is used to determine the amount of alcohol concentration in the subject’s blood.
  • Blood tests – A sample of blood is analyzed to determine BAC. Alcohol is quickly absorbed into the blood, and so a blood test is a quick and easy way to determine BAC.
  • Urine tests – Urine tests are also another method for determining BAC or drugs in the system. This test is also indirect, as it uses the amount of alcohol in the urine to determine overall blood alcohol concentration.

Field Sobriety Test and Symptoms of Being Drunk

Before getting a chemical test, police officers may ask you to take a field sobriety test or they will, at the least, look for signs of drunkenness, such as slurred speech, red watery eyes, and the odor of alcohol.

Generally, the field sobriety test occurs at the scene of the traffic stop. The field sobriety test will often include the following physical and mental tests:

  • Nystagmus Test – Checking the eyes for lateral or horizontal jerking
  • Reciting the alphabet forwards and backwards
  • Standing and listening to directions, walking in a straight line, turning around, and walking back to the officer
  • Standing with feet together, head back, and touching your nose with the tip of your finger, as directed by the police officer

Call Raleigh DWI Attorney Dewey Brinkley to Fight Your Charges

If you’ve been arrested for a DWI, you may be asked to take a field sobriety test or a chemical test. The results of these tests are heavily considered in courts, but these tests aren’t perfect. To get one of the leading criminal defense attorneys in the Raleigh NC area, call the Law Office of Dewey Brinkley today. Free consultations are available, so don’t hesitate and call today at (919) 832-0307.