Tag Archives: Raleigh Criminal Defense Attorney

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

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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

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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.

Can you be charged with drug possession even if there were no drugs on your person?

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Raleigh Drug Crimes Attorney Dewey Brinkley

Can you be charged with drug possession even if there were no drugs on your person?

As they say, possession is 9/10 of the law, and if you are caught with drugs in your pocket, in your backpack, or someone on your person, the searching police officer will most likely arrest you for drug possession. However, what about the other 1/10 of the time, when an individual is arrested for drug possession even if there were no drugs on his/her person?

Constructive Drug Possession Raleigh NC | Dewey Brinkley Law

As strange as it sounds, these types of cases have occurred in the past, and if you were arrested and charged with drug possession even though there were no drugs on your person, it’s critical to contact the Law Office of Dewey P. Brinkley immediately. Drug crimes attorney Dewey Brinkley has represented individuals similar cases before, and with decades of criminal defense experience involving drug crimes, we are confident that we can offer your case the professionalism, diligence, and experience that you need.

If you were charged with drug possession, make sure to not hesitate. Call the Law Office of Dewey P. Brinkley at (919) 832-0307 today. Free consultations are available.

Actual Drug Possession and Constructive Drug Possession

There are many different types of drug charges in North Carolina, and when it comes to possession, most people think of the situation where police find drugs on an individual’s person. Actually, this situation is known as “simple possession” and personal possession. If the police think that you were going to sell the drugs, you may be charged with intent to distribute.

While most people are familiar with the above-mentioned drug crimes, they are less familiar with the difference between actual and constructive drug possession.

Actual possession is precisely what it sounds like: you were caught with actual possession of narcotics. The law enforcement must have actually found physical evidence on the arrestee’s person. In these cases, the question isn’t whether the arrestee is innocent or guilty, but whether the law enforcement officer had justifiable cause to conduct a search.

Constructive possession is less straightforward, as it doesn’t involve physical evidence found on a person. Instead, constructive drug possession requires two important components that, when put together, point to the possession of narcotics. These two factors include:

  • The defendant had knowledge of the drug’s physical whereabouts
  • The defendant must have had the ability to exercise authority and control over the drugs in question

Car Searches, Probable Cause, and Drugs That Aren’t Yours

Many drug possession cases that didn’t involve physical possession of a controlled substance involved car stops and searches. If police found drugs that didn’t belong to you in your car, you need to be diligent and start gathering as much information as possible. You may want to ask:

  • Who put the drugs in the car? Do you have a name, address, or proof or witnesses?
  • Do you have a theory as to why someone would hide drugs in your car?
  • Have you lent your car to anyone recently?
  • Is it even your car, or did you borrow it from someone else?

Unfortunately, if the police found drugs in your car, even if the drugs weren’t yours, you’re facing a fairly difficult case. The Wake County D.A. has heard this story thousands of times before, and this is why you need to gather evidence and get the help of a prominent and experienced drug crimes attorney as soon as possible. With Dewey P. Brinkley, one of the first things we’ll look for in this case is “probable cause.” Generally, officers cannot search your car unless they have some probable cause to do so.

Possible Defenses for Drug Possession Charges

In addition to the probable cause defense for drug possession cases, we at Dewey P. Brinkley will explore several other criminal defense strategies as they apply to your case. Because constructive possession is an abstract concept, these cases can be quite difficult to prosecute successfully. As mentioned above, the prosecution must prove that you had sufficient authority and proximity to “exercise dominion and control” over the narcotics.

Therefore, one potential defense is showing that you could not have controlled the drugs, whether you were unaware of their presence or were too physically distant to exercise control.

Call the Law Office of Dewey P. Brinkley Today

As a former Wake County Assistant District Attorney, drug crimes lawyer Dewey P. Brinkley understands the full extent of North Carolina drug laws. As such, if you were charged with drug possession, attorney Brinkley stands as your best legal representative who can help build a strong defense and aggressive defend your case in courts. For a free, no-obligation consultation with attorney Brinkley, call the Law Office of Dewey P. Brinkley in Raleigh at (919) 832-0307.

Don’t Spend The New Years In Jail – How To Avoid Getting A DWI

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Raleigh DWI Attorney Dewey Brinkley

Don’t Spend the New Years in Jail – How to Avoid Getting a DWI

New Years is one of the biggest party nights of the year, packed full of good cheer, friends and family, good food, and, of course, alcohol. While New Years is a night for memories, the risks for a DWI are also highly escalated. Drunk-driving fatalities often occur around the holidays, including New Years, and every year, Raleigh and Wake County law enforcement are intensely trying to reduce alcohol-related road fatalities by being extra diligent towards suspected drunk drivers.

Instead of spending your New Years in jail, you need to take the extra steps to avoid getting a DWI on New Year’s Eve. The most important (and the easiest) way is to not drive after you’ve drunk alcohol. However, if you were arrested for DWI on New Year’s Eve, make sure to call Raleigh DWI attorney Dewey P. Brinkley as soon as possible. We offer free consultations, and we’ll get started on your case as soon as we hear from you.

Call Dewey P. Brinkley for your Raleigh DWI attorney at (919) 832-0307.

Penalties for DWI in North Carolina

There are no happy holiday endings for drunk drivers, and North Carolina law enforcement, courts, and prosecutors will heavily prosecute individuals charged with drunk driving.

If you’re under 21 years old, the penalties for underage drunk driving (if your BAC is under 0.08) may include court fees, fines, jail time, and license suspensions. If your BAC is above 0.08, you may be looking at any of the following penalties:

Level 5 DWI:

  • Immediate license suspension for 30 days
  • Up to a $200 fine
  • Between 24 hours and 60 days in jail
  • Substance abuse assessments

Level 4 DWI:

  • Immediate license suspension for 30 days
  • Up to a $500 fine
  • Between 48 hours and 120 days in jail
  • Substance abuse assessments

Level 3 DWI:

  • Immediate license suspension for 30 days
  • Up to a $1,000 fine
  • Between 72 hours and 6 months in jail
  • Substance abuse assessments

Level 2 DWI:

  • Immediate license suspension for 30 days
  • Up to a $2,000 fine
  • Between 7 days and 12 months in jail
  • Substance abuse assessments

Level 1 DWI:

  • Immediate license suspension for 30 days
  • Up to a $4,000 fine
  • Between 30 days and 24 months in jail
  • Substance abuse assessments

Aggravated Level 1 DWI:

  • Immediate license suspension for 30 days
  • Up to $10,000 fine
  • Between 12 months and 36 months in jail
  • Continued alcohol monitoring
  • Substance abuse assessments

Prior convictions or aggravating factors can dramatically increase the penalties for a DWI. Some aggravating factors may include:

  • Being grossly impaired or having a BAC of 0.15 or more
  • Reckless or dangerous driving
  • Negligent driving that led to an accident
  • Driving with a revoked license

Plan a Sober Ride Home

The penalties for drunk driving on New Year’s Eve are certainly harsh, and due to the increased dangers this night, police and prosecutors might not hesitate to deliver the most severe penalties possible. As such, with the prospect of jail and substantial penalties, and the possibility of gravely injuring other people, the best way to avoid a DWI on New Years is to not drive drunk. Plan a sober ride home instead. Contact a taxi, rideshare, or try to organize with a sober driver.

Contact Raleigh DWI Attorney Dewey Brinkley

If you are arrested for a DWI on New Years, don’t panic and call the Law Office of Dewey P. Brinkley in Raleigh NC as soon as possible. With decades of experience representing and defending individuals charged with drunk driving related offenses, DWI attorney Brinkley will thoroughly guide you through the legal process while aggressively defending your case at every stage. For a free, no-obligation consultation with our Raleigh DWI defense law firm, call us 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.

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 →