Tag Archives: Raleigh Criminal Defense Attorney

Raleigh Defense Attorney – Benefits of a Wake County Native for Your Case (Video)

This is Part 29 of our weekly North Carolina Criminal Defense video blog: “Benefits of a Wake County Native for Your Case

Transcript:

I grew up in Wake County and went to Wake County Public Schools. My parents are from this area. I basically grew up here, went to school here, spent most of my adult life here, and I live here. I love this community. I’ve lived my entire life here and this is where I’ve decided to practice law exclusively here in Wake County.

Raleigh Defense Lawyer Answers – “Should I Speak to the Police?” (Video)

This is Part 28 of our weekly North Carolina Criminal Defense video blog: “Should I Speak to the Police?

Transcript:

A lot of times people call me and they haven’t yet been charged with a crime, but they’ve received a phone call from a detective or an investigator and they want to know whether they should call that person back and actually talk to them. They’re maybe not sure if they’ve done anything wrong or whether they’ve actually committed a crime, but somebody from a police department has touched base with them and they’re trying to make a decision should I call this person back and meet with them.

Just know under our Constitution that you have the absolute right against self incrimination. Your right to remain silent cannot be used against you in a court of law. I advise folks never to talk to a detective or a police officer without an attorney present because so often you really can’t help yourself, number one, by talking to the police. Their job is to build a case against you. There are certain circumstances under which I have gone with clients to give an interview to a police officer, but never talk to a police officer without your attorney present.

Raleigh Defense Lawyer Discusses Larceny Charges in NC (Video)

This is Part 25 of our weekly North Carolina Criminal Defense video blog: “Larceny Charges in NC

Transcript:

Larceny in North Carolina is basically taking the property of another person or entity with the intent to deprive them permanently of its use.

If I’m in Belk’s Department Store or Crabtree and I take something off the shelf and I exit the store and get completely through the doors and out into the parking lot, I have evidenced that intent to deprive Belk permanently of that merchandise. That’s what we call misdemeanor larceny as long as it’s under $1,000.

Felony larceny can be charged in a number of different instances. Everything from removing an anti-theft device from a piece of merchandise to stealing something over $1,000 or it can be larceny pursuant to a breaking and entering of a residence. All of those are characterized as felony larceny.

Raleigh Defense Attorney Answers, “What Types of Felonies Have You Defended?” (Video)

This is Part 23 of our weekly North Carolina Criminal Defense video blog: “What Types of Felonies Have You Defended?

Transcript:

I’ve represented clients charged with murder, felony sex offenses, robbery with a dangerous weapon, kidnapping, and assault with a deadly weapon with the intent to kill. I’ve tried all of those types of cases before a jury here in Wake County. I’ve tried probably at least 30 felony trials where the offense was what we consider a Class A through E felony.

Raleigh DUI/DWI Limited Driving Privileges

Legally speaking, driving is a privilege in North Carolina and not a right, and if you are convicted of a DWI or a DUI-related offense in Raleigh or Wake County, then there’s a good possibility that you may lose your driving privileges. Fortunately, there are some ways that you can receive limited driving privileges after a DWI or DUI-related offense.

For more information about limited driving privileges in North Carolina, or to speak with one of the leading DWI attorneys in Raleigh, call the Law Office of Dewey P. Brinkley today. Following your DWI arrest, call our criminal defense law firm at (919) 832-0307 for a free consultation. We will work with you, every step of the way, to fight for favorable results, including limited driving privileges.

Understanding Limited Driving Privileges in North Carolina

When found guilty of an impaired driving offense, DWI or DUI, in Wake County or anywhere else in North Carolina, then you may be eligible for limited driving privileges. The North Carolina law covering limited driving privileges is North Carolina General Statute §20-179.3, and this statute lays out the eligibility and other requirements so that you can continue driving.

Additionally, it’s essential to understand that you can have your driver’s license suspended or revoked both after a charge and after a conviction, and there are eligibility considerations for both situations.

Pre-Trial DWI Charge and Limited Driving Privileges

Raleigh DUI/DWI Limited Driving Privileges | Dewey Brinkley LawAccording to North Carolina General Statute § 20-16.5, you can lose your license due to the following three situations:

Following the revocation of your license, which is usually the arrest date, you have to wait 10 days before you can obtain your limited driving privileges. The eligibility for these privileges include:

  • You had a valid driver’s license at the time of the offense (or your driver’s license was expired for less than a year)
  • You do not have a pending DWI charge, or you receive another DWI conviction while your case is pending
  • You had your driver’s license revoked for 10 days of a 30-day revocation or at least 30 days for a 45-day revocation
  • You obtained a substance abuse assessment from a mental health facility. You must also register and participate in any recommended training or treatment.

By meeting these conditions, you and your DWI attorney can file a Petition for Limited Driving Privilege with the court. A hearing date is usually set, and you and your attorney will need to bring the necessary documentation to get your limited driving privileges. Generally, this documentation includes:

  • Proof of Insurance through Form DL-123
  • Proof of completion of a substance abuse assessment or proof that you enrolled in recommended treatment
  • Certified copy of your 7-year driving history from the DMV
  • Payment of $100 to the Clerk of Court

Eligibility for Limited Driving Privileges in North Carolina after a DWI Conviction

When found guilty of a DWI charge in North Carolina, you still may be able to receive limited driving privileges. The eligibility for a post-DWI conviction limited driving privilege is similar to the pre-trial DWI requirements mentioned above. However, this is only true if you are convicted of a Level 5, 4 or 3 impaired driving punishment. If you fall into this category and had an alcohol concentration of less than 0.15, then you can refer to above requirements for your driving privileges.

If you received a Level 1 or 2 punishment and/or had a BAC of 0.15 or over, then you may be considered a “High-Risk Driver.” This means that you’ll have to wait 45 days after the final conviction and you’ll have to comply with the ignition interlock requirements. After meeting these requirements, you may be eligible for interlock limited driving privileges.

What You Can Do With a Limited Driving Privilege

When you have limited driving privileges in North Carolina, you have a range of regulations that you must follow. Just some of the rules associated with these privileges include, but are not limited to:

  • You cannot drive with any alcohol in your system (BAC of 0.00)
  • You cannot drive with a controlled substance in your body, unless it’s a lawfully prescribed drug taken in recommend amounts
  • Limited driving privileges do not include commercial vehicles (refer to statute § 20-4.01)
  • You can drive for medical necessities at any time
  • You can drive for work-related purposes during standard working hours, 6 AM to 8 PM, Monday – Friday. During this time, you may also drive in relation to maintenance of the household, educational purposes, attending alcohol assessments or other court-ordered requirements, and other specified activities.
  • Driving during the non-standard hours may be allowed if the necessary documentation is provided to the court

Contact Raleigh’s Top DWI Attorney at Dewey Brinkley Law

If you have received limited driving privileges in North Carolina, then it’s essential to be fully aware of the law as well as your driving limitations. Failure to uphold these privileges may result in the loss of your license for the duration of the punishment.

By calling DWI attorney Dewey Brinkley in Raleigh NC, you can get one of the leading defense attorneys in the area to give your case the full representation it deserves.

Don’t hesitate, call Raleigh DWI attorney Dewey Brinkley at (919) 832-0307. Free consultations are available.

When Free Speech Becomes Criminal – Protests vs. Riots

The cornerstones of freedom and liberty in America has foundations in the First Amendment, and in both the North Carolina Constitution and the First Amendment to the U.S. Constitution, you are giving the right to free expression and speech. However, like the yelling “fire” in a crowded theater example, or participating in violent actions during a riot, there are certain limitations to free speech that could turn into criminal matters.

Raleigh Criminal Attorney Dewey Brinkley | Protests vs. Riots

Free speech laws are complex, and with a continuously changing legal landscape regarding free speech in North Carolina, your rightful protests could turn into a criminal matter. If you were arrested in Raleigh or Wake County for protesting, make sure to call the leading criminal defense attorney in the Raleigh and Triangle Area: Dewey P. Brinkley.

Don’t hesitate, and the moment you’re arrested or facing charges, call the Law Office of Dewey P. Brinkley in Raleigh today at (919) 832-0307.

Elements of Free Speech to Remember

There are three things that you need to remember when it comes to free speech laws and rights in North Carolina:

  1. It’s not about what you say, it’s how you say it. No matter your beliefs, you have the right to express your opinions. However, it’s how you use that right that matters in courts. For instance, if you organize a protest that causes serious disruption, then the police may be able to intervene and you may be held criminally liable.
  2. Free speech is for everyone. It doesn’t matter who you are, whether you’re old or young, Christian or Muslim, a U.S. citizen or not, you right to free speech is protected.
  3. Always consider the when, where, and how when using your right to free speech. For instance, if you organize a protest that turns violent or causes disruption, your event could be canceled. Make sure you know the municipalities regulations and observe the ones related to time, place, and the manner in which you exercise your rights.

Protest vs. Riot?

The difference between a protest and a riot is fairly simple. A protest is, in the majority of instances, legal and protected while a riot that involves violence and civil disorder can be considered criminal behavior and not protected by free speech laws.

According to the Oxford dictionary, a protest is “a statement or action expressing disapproval of or objection to something.” As such, when individuals say they’re organizing a protest, it’s usually a peaceful, public demonstration expressing strong objection. When violent acts occur during a protest, however, it can become a riot. According to the Oxford dictionary, a riot is “a violent disturbance of the peace by a crowd.”

Penalties for Rioting in North Carolina

Furthermore, rioting is a crime defined in the North Carolina penal code, under § 14-288.2. Riot; inciting to riot; punishments. According to this law, “A riot is a public disturbance involving an assemblage of three or more persons which by disorderly and violent conduct, or the imminent threat of disorderly and violent conduct, results in injury or damage to persons or property or creates a clear and present danger of injury or damage to persons or property.”

The criminal penalty for rioting is a Class 1 Misdemeanor; however, you could be looking at a Class H Felony if one of the following apply:

  • During the course of the riot, there is serious bodily injury or property damage that exceeds $1,500
  • The rioter was in possession of a dangerous weapon or a substance

Also, willfully inciting or urging others to riot is a Class 1 Misdemeanor (a Class F Felony if the resulting riot caused serious bodily harm or excessive property damage), and it is here where the line between protest and riot can get blurred.

Changing Legal Landscapes for Protesting in North Carolina

Although the definitions sound pretty straightforward, peaceful protestors are often the target of police intervention and arrest. Furthermore, the legal landscape regarding free speech and protests is always changing. In February of 2017, lawmakers in North Carolina introduced a bill that could open up felony charges to any criminal offense that leads to at least $1,000 in economic harm to any business, if the offender intended to intimidate the government or public.

This bill was rejected in the NC House in April, but this bill proposal and its failure does represent how laws regarding protests and riots can change.

 

Arrested for Exercising Your Right to Free Speech? Call Raleigh Attorney Brinkley Today

If you were arrested during a peaceful protest, or if a protest got out of hand and turned into a riot, then make sure to call Raleigh criminal attorney Dewey Brinkley today. For a free consultation with our Raleigh criminal law firm, call us today at (919) 832-0307.

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.

Raleigh Defense Lawyer – Difference Between a Misdemeanor and a Felony (Video)

This is Part 3 of our weekly North Carolina Criminal Defense video blog: “Difference Between a Misdemeanor and a Felony

Transcript:

Generally a felony was called a felony because it’s punishable by more than a year in prison. That was the general subdividing of misdemeanors and felonies. If the offense carried a year in prison, essentially then it was considered a felony.

Raleigh Juvenile Lawyer – The Duration of a Juvenile Record (Video)

This is Part 1 of our weekly North Carolina Criminal Defense video blog: “Raleigh Juvenile Lawyer – The Duration of a Juvenile Record

Transcription:

I think the most important thing to know about juvenile court is that what happens in juvenile court is a sealed record. Unless it’s an extremely serious offense, those charges are not going to follow your son or daughter once they become adults. It’s a sealed record.

Only if it were an extremely serious felony would it potentially follow them once they turn 16. Again, juvenile court is there to try and help that child succeed in school and at home so that hopefully, once they become adults, they’re not in the jail and they’re not back in trouble.

GPS Tracking Your Spouse Could Land You In Jail

Raleigh NC Criminal Defense Attorney

GPS Tracking Your Spouse Could Land You In Jail

Today’s technology, and the technologies coming in the future, have certainly had substantial effects on privacy. Parents are able to track their children through GPS and other tracking software, and if a husband or wife wants to track his/her spouse, he/she certainly has the tools available at his/her fingertips.

GPS Tracking Your Spouse Could Be Illegal | Raleigh Defense Attorney

As such, when the spouse or significant other is spending more time away, they are getting late-night calls or text messages, or you’re having a divorce and you want to find out if your spouse has been having an affair (or is hiding marital assets), you might feel like a little spying is the best way to satisfy your suspensions. Nevertheless, spying on your spouse, whether through GPS or other methods, could be illegal and it could land you in jail.

If you were arrested for spying on your spouse, or for any other domestic relations issues, you’ll need an experienced Raleigh domestic violence and criminal defense lawyer who can guide you through the legal process and vigorously defend your case in Raleigh or Wake County courts. For a free consultation with attorney Brinkley, call our Raleigh criminal defense law firm today at (919) 832-0307.

Possible Criminal Penalties for Spying

There are many tools cheaply and widely available today that were once reserved for intelligence operatives, and things like GPS tracking have become common among spouses, private investigators, and others. In many cases, all the spouse needs to do is attach a GPS device to his/her partner’s car, and then watch the partner’s movements.

Numerous states across the US, however, have strict “anti-spying” laws, where things like GPS tracking and even recording phone conversations can result in a misdemeanor or even a felony. This is especially true if the car (that has the GPS tracking device) is not owned by you or where the person has a reasonable expectation of privacy.

In North Carolina, using GPS tracking on your spouse could result in civil action, and you may be required to pay damages for:

  • Loss of consortium
  • Mental anguish
  • Humiliation
  • Damage to health due to stress and other factors

If you are found guilty of violating the Federal Wire Tapping Act, the very least that North Carolina courts can do is order you to stop the illegal spying acts. If you continue to violate the Federal Act, you could be subject to fines of $500 and you could be facing up to five years in prison.

Additionally, if you are found to be violating the North Carolina Electronic Surveillance Act, you could be looking at a Class H Felony.

Contact Criminal Defense Attorney Brinkley ASAP

The Federal Wire Tapping Act and the North Carolina Electronic Surveillance Act are most likely the two statues that Wake County courts will use to prosecute you. However, whether or not the GPS tracking is a violation of these laws depend on the unique circumstances of your case. As such, if you were charged with illegal spying, you need to contact your Raleigh criminal defense attorney as soon as possible. Although this is a complex area of law, attorney Dewey Brinkley fully understands federal and NC laws, and he can provide a vigorous, thorough criminal defense with the goal of proving your innocence, getting the charges dropped, or achieving reduced or alternative sentencing.

To speak with attorney Brinkley, call the Law Office of Dewey P. Brinkley today at (919) 832-0307. Free consultations are available.