Tag Archives: attorney in raleigh

What You Should Expect When You Hire a Raleigh Criminal Defense Attorney

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When you’re arrested for an alleged crime by North Carolina law enforcement, you may feel devastated, frustrated, or just downright angry. However, it’s essential to remember that an arrest doesn’t mean you’re guilty, and you still have a battle in courts to prove your innocence, get the charges dropped, or seek reduced or alternative sentencing.

For this reason, it’s critical to contact an experienced Raleigh criminal defense attorney soon after you’re arrested. The main benefit of an attorney is the comprehensive representation you’ll receive, a diligent protection of your rights, and an advocate who’ll seek legal solutions. If you’ve been arrested, it’s important to not hesitate and contact one of Raleigh’s leading criminal defense lawyers by calling attorney Dewey P. Brinkley today at (919) 832-0307.

Why You Need a Criminal Defense Attorney

If you are looking at serious penalties, jail time, or other legal repercussions from an alleged crime, you’ll want the best criminal defense attorney fighting for you.  If facing criminal prosecution, your defense attorney can help you understand some fundamental things, including:

  • The nature of the charges filed against you
  • The available defenses
  • What plea bargains are likely to be offered
  • What you can expect after trial or a conviction

Criminal defense attorneys, like us at the Law Office of Dewey P. Brinkley, have substantial experience in a wide variety of criminal cases, including felonies, misdemeanors, DWIs, drug crimes, white collar crimes, sex crimes, and more. As such, no matter the unique circumstances that led to your arrest and alleged charges, an experienced defense attorney will aim to:

  • Reduce a criminal charge to a lesser offense
  • Lessen the severity of the punishments
  • Reduce or eliminate jail time
  • Develop a sound defense strategy

How a Criminal Defense Attorney Can Help

As your actual lawyer, the criminal defense attorney has many roles to more effectively achieve the desired result. In short, your attorney will do more than just cross-examine witnesses that the prosecution calls to the stand. Some of the other tasks that your lawyer may conduct can include:

  • Working with you and the prosecutor to negotiate a “deal,” also known as a plea bargain, to reduce or eliminate some or all of the charges filed against you.
  • Helping to determine a positive sentencing program in case you’re sentenced guilty. For instance, instead of spending 10 months in prison, your attorney can argue for 6 months in prison and 4 months in a rehabilitation center, for instance.
  • Helping you with the difficult emotions associated with a criminal trial.
  • Providing a reality check that includes important insights into how the trial is going and what you can actually expect to happen in the near future.
  • Pointing out essential legal rules and regulations that you might now know about.
  • Explaining some of the hidden consequences associated with pleading guilty.
  • Gathering statements, testimony, and evidence from witnesses that are to be called by the prosecution.
  • Finding and hiring investigators to investigate the alleged crime.
  • Finding and hiring expert witnesses that can show evidence or make the prosecution’s case less credible.

Call the Law Firm of Dewey P. Brinkley Today

When you call the Law Office of Dewey P. Brinkley, we’ll begin working on your case immediately. Together, we’ll go through the events leading up to your arrest, step by step, and search for any pieces of evidence, violations of your rights, and more. Our fundamental goal is to prove your innocence or, if you’re guilty and the evidence is thoroughly stacked against you, seek alternative or reduced punishments.

Time is often in short supply in these cases, so it’s important to act quickly. For your free consultation with attorney Brinkley, call our Raleigh law firm today at (919) 832-0307.

 

Pulled Over? Know Your Constitutional Rights?

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To protect citizens from police misconduct, overarching reaches of power, and unjust policing, the U.S. Construction, federal laws, and North Carolina laws all provide a degree of protection. This is one of the bedrocks of our country, and so when you’re pulled over in North Carolina, it’s essential to remember your Constitutional Rights and know how they relate to your unique situation.

 

As one of the leading DWI and criminal defense attorneys in the Raleigh area, attorney Dewey Brinkley understands that violations of your Constitutional Rights can be used in court to get your charges dropped or your case dismissed. With attorney Brinkley at your side, you can expect vigorous and relentless protection of your rights as well as comprehensive litigation strategies to get you the outcome you want.

If you were arrested for DWI or another crime in the Raleigh and Wake County areas, call the Law Office of Dewey P. Brinkley today at (919) 832-0307.

Your Constitutional Rights in a Traffic Stop

The truth is, when you’re being pulled over and charged with a serious North Carolina law violation, you might be unaware of some of the Constitutional Rights that you have. At the same time, however, drivers in North Carolina should be diligent and take careful consideration regarding why they’re being pulled over and whether there are any illegal or incriminating objects on their person or in their vehicle.

One of the most common DWI defense strategies that you and your attorney may pursue can include challenging the legality of the traffic stop and the legality of the police proceedings before, during, and after the arrest. During the arrest, however, there are some rights that you should know (and know how to use), including:

Unreasonable Search and Seizure (the Plain View Doctrine)

It’s essential to remember that North Carolina law enforcement is limited in their ability to search private vehicles. In short, the Fourth Amendment of the Constitution states that “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

In simple terms, this means that the police cannot search you or your property without a warrant. However, this is not all-inclusive, as the Plain View Doctrine also states that criminal conduct that a police officer observes in plain view is subject to search and seizure without a warrant or probable cause. As such, if you are swerving and, after the police officer pulls you over, observes your bloodshot eyes and smells alcohol, the police officer has probable cause that you may be intoxicated.

If the officer cannot explain his/her probable cause for stopping your vehicle, then the evidence obtained during the stop, such as your BAC level, may be ruled inadmissible in North Carolina courts.

Right to Remain Silent

One of the second most important Constitutional Rights is your right to remain silent. This is covered by the Fifth Amendment. In other words, you retain the right to refuse to answer certain questions, such as “Have you been drinking tonight?” “Where are you going?” “Where are you coming from?” etc.

Keep in mind that no criminal action may be taken against a driver refusing to offer potentially incriminating information; however, there may be administrative penalties for refusing to cooperate, such as an automatic license suspension for drivers who refuse to take a field sobriety test, a breathlyzer, or a chemical test.

If you want to use your Right to Remain Silent, make sure that you say so out loud.

Availability of a Public Defender (Right to Counsel)

Lastly, in the United States, the Sixth Amendment states that you have the right to an attorney, and if you cannot afford one, an attorney will be provided by the state, free of charge.

The Do’s and Don’ts of a Traffic Stop in North Carolina

When being pulled over for a DWI or another alleged criminal charge, it’s crucial to listen to the police officer, respectfully assert your rights, and, if the police officer is violating your rights, let the courts and your defense attorney fight for those rights. Some Do’s in a traffic stop should include:

  • DO show your license, insurance, and registration materials when asked.
  • DO keep your hands on the wheel and notify the officer when you are reaching for anything.
  • DO say, “I do not consent to a search.”
  • DO sign a ticket if you are given one; refusing to sign the ticket could result in further charges.
  • DO take the DWI test, unless you’re willing to lose your license for a year.

Some Don’ts in a DWI stop include:

  • DON’T physically resist a search. Calmly state, “I do not consent to a search.”
  • DON’T search for your license or registration until asked.
  • DON’T disrespect the officer, even if that officer is violating your Constitutional Rights.

Call Your Raleigh NC DWI Attorney For a Free Consultation

Being arrested for a DWI is never a pleasant situation, and you can make the matters worse by aggressively asserting your Constitutional Rights. In any case, always remember that you have the right to be free from unreasonable searches, you have the right to remain silent, and you have the right to an attorney.

Therefore, if you’re being arrested for a DWI in Raleigh or Wake County, make sure to call the leading Raleigh DWI attorney Dewey Brinkley. For a free consultation with our law firm, call us today at (919) 832-0307.

Defense Options for NC DWI Cases

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The best way to fight against a DWI charge in North Carolina is to speak with an experienced, knowledgeable Raleigh NC DWI attorney. With legal expertise at your side, you can take your case to the courts and vigorously defend your case, show violations in police conduct, and present evidence countering the prosecution’s narrative. Remember, even though you’ve been arrested for a DWI, you have valuable rights that could help you win your case.

At the Law Office of Dewey P. Brinkley, we are NC DWI attorneys with years of experience helping individuals just like you. We present a comprehensive, vigorous litigation strategy, as well as a close, one-on-one relationship with our clients. In short, we’ll fight your charges together. To speak with DWI attorney Brinkley, call our Raleigh law firm today at (919) 832-0307.

What the Prosecution Must Prove

In any DWI case in North Carolina, there are several elements that the prosecution must prove in order to successfully win a case. Although courts can be pretty strict towards the defendants, the rule of law states that the prosecution needs to, at least, show that the 1.) you were driving and 2.) while driving, you were “under the influence” of drugs or alcohol.

Therefore, for DWI cases in North Carolina, the defense can try to disprove either of these 2 items, effectively preventing the prosecution from proving its case. Keep in mind that there are many defense strategies in DWI cases, but, ultimately, your attorney should attempt to achieve a:

  • Dropped or dismissed case
  • A not-guilty ruling
  • If the evidence is truly stacked against you, your attorney should seek reduced or alternative sentencing

Driving-Related DWI Defenses

To be arrested for a DWI charge in the Raleigh area, you actually need to be driving a vehicle. In other words, if you weren’t driving, you can’t be convicted of DWI. Often, most DWI cases begin with the defendant getting pulled over, so there isn’t much contention in this area. Nonetheless, if the arresting police officer didn’t actually observe you driving, the issue may be debatable depending on the evidence.

Arrest-Related DWI Defenses

Driving-related DWI defenses can be rare and quite difficult unless there were exceptional circumstances. Arrest-related DWI defenses can be more common, as these defense strategies focus on the police officer’s legal justification for the stop as well as the officer’s legal procedures during the arrest. If the defense can find faults with the legal justification and the legal procedures, this could lead to dropped or dismissed charges in courts.

Some specific defenses include:

  • No probable cause  – If the arresting officer didn’t have probable cause to stop your vehicle or arrest you for drunk driving, then you may argue to dismiss the associated evidence from trial.
  • No Miranda Rights – If you’re being arrested, the police officer must read you your Miranda Rights. If the officer doesn’t, you may be able to exclude certain pieces of evidence from trial.
  • Challenging the officer’s professional observations of your behavior – In many DWI stops, the officer has authority to look at your behavior to determine if you’ve been drinking or using drugs. The prosecution will use the police officer’s observations as evidence in the trial, and this could include your driving, how you looked and acted once stopped, and how you performed during the field sobriety tests. Your defense attorney should challenge some of these assertions.
  • Introducing witnesses who can counter the prosecution’s statements – When other individuals saw something differently than the police, then you and your DWI attorney can call them in as witnesses.
  • Provide other explanations regarding your behavior and appearance – You and your attorney can counter the claim that you were drunk by litigating that physical impairments affected your field sobriety test; you eyes were bloodshot due to lack of sleep; your speech was blurred due to medications you have to take, and so forth.

Breath and Chemical Test DWI Defenses

In addition to arrest-related DWI defenses, there are also many effective defenses regarding breath, blood, urine, and saliva tests. In North Carolina, you can be convicted of DWI with a BAC of 0.08% or higher; juveniles under 21 can be convicted of a DWI if they have a BAC of 0.01% or higher. In general, these tests receive a lot of legal weight in the courtroom, and you and your attorney may find it valuable to challenge the accuracy of the officer’s tests.

Other defenses can include:

  • Showing that the officer didn’t provide necessary warnings or information.
  • North Carolina states the specific process regarding how a police officer can administer a chemical test. If the officer didn’t follow these regulations, especially in terms of how the chemical test device was maintained or calibrated, you may be able to get the test results thrown out.
  • Challenging the accuracy of the chemical test results.

Call the Law Office of Dewey P. Brinkley Today

There are many different defenses to pursue in any DWI case; nevertheless, the specific defenses that you and your attorney employ should coincide with the unique circumstances surrounding your DWI arrest. With years of experience successfully helping individuals just like you, Raleigh DWI attorney Dewey Brinkley knows how the circumstances of your arrest will influence effective defense strategies.

To learn more about how we can defend your case, call our Raleigh-based DWI defense law firm at (919) 832-0307.

Will 18-Year Olds Soon Be Tried As Juveniles?

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At first thought, most people think of juveniles as being 18 years old or younger, while adults are over 18 years old. However, in the North Carolina legal system, this isn’t necessarily so. If you are a 16-year-old in North Carolina (one of two states in the USA that follow this distinction), you can and will be tried as an adult for both violent and non-violent crimes.

North Carolina Juvenile Law | Juvenile Attorney Dewey P. Brinkley

As one of the leading juvenile defense attorneys in Raleigh, we are often confronted with the question, “Why isn’t my 16-year-old son/daughter being charged as a juvenile?” Historically, the law in North Carolina designated 16-year-olds olds as adults, no matter if the juvenile was charged with a misdemeanor or felony. However, this law may soon change.

If you are a juvenile, or a parent of a juvenile, and you were charged with a crime, don’t hesitate and contact the Law Office of Dewey P. Brinkley in Raleigh. We offer professional, comprehensive criminal defense strategies, and our goal is to prove your innocence, get the charges dropped, or reduce the penalties and long-term consequences of the alleged charges. Call us today at (919) 832-0307.

Possible Changes in North Carolina Juvenile Law

There are only two states in the United States that put adult criminal responsibility on 16-year-olds, including North Carolina and New York. Unfortunately, the statistics regarding youths in adult prisons is not very positive. For instance, youths in adult prisons are more likely to re-offend, and although juvenile records are sealed, youths convicted as an adult will face a criminal record which may haunt them for years to come.

The goal is to turn this system around. The North Carolina Commission on the Administration of Law and Justice, convened by the North Carolina Supreme Court, released a preliminary proposal in August 2016, asking the state to raise the age of criminal responsibility to 18. The General Assembly may consider this proposal in 2017.

In short, if this proposal is accepted, the 18-year-olds may be charged as juveniles for most non-violent crimes and some violent crimes.

Exceptions to the Proposed Changes

There are some exceptions to the proposed changes. For instance, the proposed changes don’t apply to juveniles charged with first-degree murder. The proposed changes may also not apply to the law that allows 13-year-olds to be transferred to adult courts for especially serious or violent crimes.

Nonetheless, most youths don’t commit violent crimes, especially murder. Most North Carolina youth are convicted of non-violent crimes related to drugs and larceny.

Contact Raleigh Juvenile Attorney Dewey Brinkley

These proposed changes will have a major impact on juvenile courts in North Carolina, and it’s always important to have a full understanding of the law if you or your child is arrested in Raleigh, Wake County, or throughout North Carolina.

No matter the exact age of the alleged juvenile offender, we at the Law Office of Dewey P. Brinkley will do everything under North Carolina law to mitigate the consequences as much as possible. Whether drug crimes, non-violent crimes, or even violent crimes, we realize that adult courts can have dramatic consequences that may lead some convicted juveniles to re-offend and face other difficulties in terms of schooling, housing, and finding a job.

To speak with attorney Brinkley regarding your case, make sure to call our Raleigh law firm as soon as possible. For a free, no-obligation consultation with our firm, call us today at (919) 832-0307.

What Constitutes “Expert Testimony” in a Criminal Trial?

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Some crimes, ranging from violent crimes to white-collar crimes, involve complex circumstances. Whether those circumstances includes convoluted financial transactions or voluminous documents, the State or the defense may wish to assist the jury in wading through this information through an expert testimony.

Expert Testimony in NC Criminal Trials | Raleigh Defense Atty Brinkley

Expert testimony can be a useful tool in criminal trials, whereas the defense calls on an expert in some field to clarify facts or further define the defense to the jury. Nonetheless, if using expert testimony, you need a highly experienced defense attorney who can achieve the most benefit from the expert. Depending on the unique circumstances of the case, Raleigh NC criminal defense attorney Dewey Brinkley may consider using expert testimony. To speak to attorney Brinkley about the circumstances of your case, call our Raleigh law firm today at (919) 832-0307.

Expert Testimony in North Carolina Criminal Trials

North Carolina law (Chapter 8C, Article 7) describes many of the legal rules and other aspects of using expert testimony in criminal trials. Although substantial controversy existed in North Carolina courts regarding the use of expert testimony, the nominal North Carolina Supreme Court case Howerton v. Arai Helmet, Ltd put much of this controversy to rest.

Essentially, this controversy refers to when an expert testimony is admissible in the court proceedings. The Howerton case rejected the U.S. Supreme Court’s gatekeeping test and reiterated its previous three-part test, which includes:

  1. Is the expert’s proffered method of proof sufficiently reliable as an area for expert testimony?
  2. Is the witness testifying at trial qualified as an expert in that area of
    testimony?
  3. Is the expert’s testimony relevant?

If these three aspects apply to the expert testimony, then the testimony may be admitted to the case.

Testimony By Experts

The prosecution and the defense cannot handpick an individual off the street and claim “expert testimony.” Instead, expert testimony is only admissible in court “if scientific, technical or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue.” Furthermore, the witness must be qualified as an expert by knowledge, skill, experience, training, or education, who can testify in the form of an opinion.

Lastly, the following conditions must apply to the expert testimony:

  1. The testimony is based upon sufficient facts or data.
  2. The testimony is the product of reliable principles and methods.
  3. The witness has applied the principles and methods reliably to the facts of the case.

Expert Testimony on Character or a Trait of Character

When it comes to the character of the accused, and whether the accused’s character or trait of character may shed light on his/her role in the crime (or lack of a role in the crime), expert testimony is not admissible. Although there are several reasons for this, the main reason is that circumstantial evidence of character is not a suitable piece of evidence in a criminal trial.

Contact the Law Office of Dewey P. Brinkley in Raleigh NC

Especially in cases where the defendant is facing severe punishments, expert testimony can be a very important tool to help clarify and further explain some highly technical details. At the Law Office of Dewey P. Brinkley, we’ll only call for expert testimony when it is legally admissible and when the case can benefit from it. At the same time, we boast years of experience challenging the state’s expert testimony, and how that testimony relates to the alleged offenses.

If you’ve been charged with a misdemeanor or a felony in North Carolina, make sure to call the leading Raleigh criminal defense attorney. For a free, no-obligation consultation with attorney Dewey Brinkley, call our Raleigh law firm today at (919) 832-0307.

Does My Child Have to Disclose a Juvenile Arrest When Applying for a Job?

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When your son or daughter was arrested as a juvenile, it’s understandable to feel a bit worried for their future. This is especially true when it comes to job aspects or other applications that require a criminal background check. After an arrest and conviction, whether for a misdemeanor or a felony as a juvenile, it’s important to understand some of the challenges and barriers that your child may face when looking for a job.

Juvenile Arrest Records in Raleigh NC | Juvenile Defense Attorney

As the leading juvenile criminal defense lawyer in Raleigh, NC, attorney Dewey P. Brinkley boasts years of experience representing juveniles. As a diligent and knowledgeable defense attorney, we can provide a rigorous defense following an arrest; after a conviction, however, we can help with criminal record expungements as well. For a free, no-obligation consultation with our Raleigh law firm, call us today at (919) 832-0307.

Does My Child Have to Disclose a Juvenile Arrest?

In North Carolina, the juvenile code typically limits access to juvenile records by public and state entities, and there is little opportunity for future employers or colleges to access these records. Under certain circumstances, however, others may be able to access your child’s juvenile records.

Furthermore, the disposition of a juvenile case (in legalese, “disposition” essentially refers to the court’s decision of a case) is known as an adjudication, and not a
conviction. As such, if the job application asks whether the applicant was convicted of a crime, you are telling the truth by saying “No.”

According to N.C. Gen. Stat. § 7B-3000, a juvenile’s record (which contains all documents or information referring to arrests, complaints, referrals, juvenile petitions, and orders) is generally confidential. There are some exceptions to this confidentiality, including:

  • Probation officers and prosecutors may share information with other law enforcement individuals
  • Court counselors and prosecutors may access your child’s record
  • The child’s school principal can access the child’s record (the principal must be notified if the child was adjudicated for an act that would be a felony)
  • Specific agencies can access the child’s record, such as agencies investigating child abuse or neglect
  • The child’s attorney, his/her parents, and the child him/herself can access the records
  • The juvenile record can be disclosed under court order

Expunging or Sealing a Juvenile Court Record

Even if the juvenile record is confidential in North Carolina, it still exists. This can bring some anxiety for both the child and his/her parents. Fortunately, North Carolina law understands that juveniles sometimes make mistakes.

When “removing” these records from the child’s file, there are two options: sealing and expungement. In terms of sealing, it is the juvenile court judge who has the authority to seal records at the time of the court proceedings.

For maximum confidentiality, the child can have his/her records expunged after turning 18. An expunged record functions as if it doesn’t exist, and the child is never required to disclose information about the expunged juvenile record (except in very specific, rare circumstances).

To expunge your child’s record, he/she he may file a petition for expungement in the court of his or her adjudication.

There are some exceptions to expungement, however. If the child was arrested for  Class A, B1, B2, C, D, or E felonies, and the child was charged as an adult, then he/she may be unable to expunge those records.

Call the Law Office of Dewey P. Brinkley

If your child was arrested for a crime and adjudicated in juvenile court, then he/she may be able to expunge his/her juvenile records at the appropriate time. At the time of arrest, however, you can always benefit by having an experienced and competent juvenile defense attorney. At the Law Office of Dewey P. Brinkley in Raleigh, NC, we’ve successfully defended numerous juveniles for a wide variety of alleged offenses, and we can also help with your record expungement as well.

For a free, no-obligation consultation with attorney Brinkley, call our Raleigh law firm today at (919) 832-0307.

What is the Difference Between a DWI and a Wet Reckless Charge?

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Being arrested for a DWI can present some serious consequences in North Carolina. Although a DWI is not a felony, it is still a serious criminal offense, especially when various aggravating factors are involved. However, with the help of an experienced and diligent Raleigh DWI defense attorney, you may be able to receive a reduced sentence or plea bargain in North Carolina courts.

Wet Reckless Charges in NC | Raleigh DWI Attorney Dewey P. Brinkley

When reducing an offender’s sentence to a less serious crime, the courts may offer a “wet reckless” charge. A wet reckless charge is, essentially, a reduced plea arrangement where the driver pleads to reckless driving with alcohol involved (hence, the “wet reckless” term). If you’ve been charged with a DWI in the Raleigh and Wake County areas, we at the Law Office of Dewey P. Brinkley will fight for your innocence, but if the evidence is truly stacked against you, we will do everything under North Carolina law for a mitigated sentence.

What is a “Wet Reckless” Charge?

When drinking and driving, the driver is being reckless in his/her actions. A dry reckless charge generally involves excessive speeding or other actions that put other drivers (or the public) at risk. A wet reckless charge, on the other hand, is reckless driving involving alcohol; this charge is more serious than reckless driving but less serious than a DWI charge.

Due to public pressure and strict punishments for driving while intoxicated, prosecutors can be hesitant to offer a plea bargain and a wet reckless charge. In North Carolina courts, however, a wet reckless charge may be an option for first offenders who’s arrest involved several mitigating circumstances, such as:

  • The defendant’s first DWI in North Carolina or any other state
  • The defendant was impaired by alcohol, and not any other substance
  • The defendant’s BAC was 1.0 or under
  • The defendant has a safe driving record
  • The defendant was polite and cooperative with officers

Second Arrest for a DWI in North Carolina

Because a wet reckless charge offers several benefits over a DWI charge, North Carolina courts often include several conditions with the reduced charge. Of course, one condition is to not drink and drive again. If the defendant is arrested again for DWI, then the previous wet reckless charge will count as a prior DWI for sentencing purposes.

Penalties for DWI vs. Penalties for Wet Reckless

DWIs in North Carolina carry fairly severe penalties, even for a first offense. Even a first DWI can carry six months of jail time as well as hefty fines. Furthermore, a DWI stays on the defendant’s criminal record, which could affect current or future job prospects and professional licensing.

As a reduced offense, a wet reckless charge carries several advantages. A wet reckless charge calls for much lighter penalties, and having this charge on your record is certainly less serious. In general, the fines are lower, there is less of a possibility for jail time, and license suspension or revocation is less likely.

Specifically, a DWI is presumptively a Class 1 misdemeanors in North Carolina, while a reckless charge is a Class 2 misdemeanor. Moreover, a DWI puts 12 points on the defendant’s insurance, suspending his/her license for at least a year. A wet reckless is 4 points on the defendant’s insurance and 4 points on his/her license.

Contact the Law Office of Dewey P. Brinkley Today

The chance of achieving a wet reckless charge may be slim, but it’s nonetheless a possibility. If there is overwhelming evidence proving your guilt in a DWI stop, then you and your attorney should consider a wet reckless charge as a possibile option. To speak with the leading Raleigh NC criminal defense and DWI attorney, call our Raleigh law firm today at (919) 832-0307.

What is a SCRAM Bracelet and How Does It Work?

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Following a DWI or another alcohol-related arrest, the court may order a “Secure Continuous Remote Alcohol Monitoring” bracelet, also known as the SCRAM bracelet. This bracelet is fairly well-known from its media portrayals, and it essentially provides the North Carolina courts with a way for courts to monitor people, 24/7, who have been ordered to not drink alcohol.

If you’ve been arrested for a DWI, domestic violence that involved alcohol, or another alcohol-related offense, then call Raleigh NC criminal defense attorney as soon as possible. Instead of extensive jail time and huge fines, the courts may order a SCRAM bracelet for a certain period of time. This may be advantageous as an alternative punishment, and it’s always good to have an experienced attorney to provide a rigorous legal defense based on your interests. For a free, no-obligation consultation, call our Raleigh criminal law firm today at (919) 832-0307.

What is Court-Ordered Alcohol Monitoring?

When an individual is arrested for an alcohol-related crime, the court may order the defendant to stop drinking as an alternative to more severe punishments. This is because, in many cases, the defendant has a history (or is beginning a history) of criminal action that’s caused by alcohol consumption. If the defendant keeps drinking during this period, the court concludes that jail or more extreme punishments may be the only solution for vindication.

In addition to DWI cases, the court may order alcohol monitoring in domestic violence cases, defendants under the age of 21 who were caught drinking, and for drug addicts who drink as part of their addiction. Generally, the court will order the defendant to wear a bracelet for a set period of time, such as between 60 and 90 days. Sometimes, alcohol monitoring can last as long as a year, as a term of probation or parole.

Alcohol monitoring devices, such as the SCRAM bracelet, are designed with anti-tampering features. If the defendant tries to remove the bracelet, or tampers with it in any way, or the device reports alcohol consumption, the monitoring device will notify the courts.

How Does the SCRAM Bracelet Work?

A SCRAM bracelet works by taking measurements of the offender’s perspiration every 30 minutes. By reading the offender’s perspiration, the bracelet can tell if the wearer has been drinking, similar to the way a breathalyzer measures alcohol content. The results of the tests are then uploaded via modem to a private company, and if the wearer tests positive for alcohol, the company will send the results to the court.

Generally, SCRAM bracelets are scientifically sound, whereas evidence of alcohol consumption and/or tampering are admissible in courts. Furthermore, in order to challenge a SCRAM report, the defendant will need to prove that the bracelet was malfunctioning.

How Much Does a SCRAM Bracelet Cost?

For many offenders, one negative aspect of the SCRAM bracelet is its cost. Remember, a private company monitors the SCRAM bracelet, and those costs are passed onto the offender. Nonetheless, as an alternative to more severe penalties, the benefits of SCRAM can outweigh the costs.

In general, when ordered to wear a SCRAM bracelet, the offender is required to pay a one-time installation fee (from $50 to $100) as well as the daily monitoring fee (from $10 to $15). In total, the monthly cost of a SCRAM bracelet can be up to $450.

Contact the Law Office of Dewey P. Brinkley Today

At the Law Office of Dewey P. Brinkley in Raleigh, NC, we are the area’s leading criminal defense attorneys for DWI offenses. No matter the circumstances of the case, we will always put your interests at the forefront of our criminal defense strategy, and we’ll fight for not-guilty, dropped charges, or if the evidence is truly stacked against you, a reduced or alternative sentence, such as through SCRAM monitoring. To speak with attorney Dewey Brinkley today, call our Raleigh criminal law firm at (919) 832-0307.

DWI Traffic Stops Part Three: To Blow or Not to Blow, that is the Question

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In Parts one and two, we discussed how you can always help yourself in a driving while impaired investigation by not answering questions and not agreeing to perform field sobriety tests, which generally are used to assist the officer in forming probable cause to support your arrest. While not answering questions and not doing the tests won’t prevent your arrest, it will make your case much harder to prove when it goes to court.

In Part 3, I want to discuss the decision of whether to blow at the station or jail, which is a much more difficult question that will have immediate ramifications on your driver license. It is unfortunately a damned if you do, damned if you don’t scenario.

When you are taken into the intoximeter room, the Officer is required to advise you of certain rights you have with regard to the taking of the chemical test. By all means you should exercise your right to call a witness to come and view the testing procedure, and/or an attorney for advice. By picking up the phone in the breath testing room and making these calls, you are at the very least buying more time (at least an extra 15 minutes) to consider the more important question of whether you are going to blow. If a witness is able to arrive at the breath testing room within the 30 minute time limit, then you can utilize that witness at trial as to what they observed regarding your level of sobriety. You are also giving your body more time to process any alcohol that is in your system.

Continue reading DWI Traffic Stops Part Three: To Blow or Not to Blow, that is the Question →

Attorney Brinkley Rated AV Preeminent By Peers

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avBrinkley Law firm is proud to announce that Raleigh Criminal Defense Attorney Dewey Brinkley has been rated AV Preeminent by Martindale-Hubbell® Peer Review Ratings™.

This rating system is based on reviews by other lawyers and ranks Attorney Brinkley at the highest level of professional excellence. Lawyers are rated by their peers in five areas including legal knowledge, analytical capabilities, judgement, communication ability and legal experience. We are honored to receive an AV Preeminent Rating from our peers and work hard to provide very best in criminal defense possible. Learn more about this rating system or view our profile.  Continue reading Attorney Brinkley Rated AV Preeminent By Peers →