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Defense Against Disorderly Conduct

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Disorderly conduct charges are serious and can cause you to have a criminal record. This can have severe ramifications on your life, whether it comes to a background check for employment or getting approved to rent an apartment. Since you can be charged with disorderly conduct for unintentional or relatively minor actions, it is imperative that you do everything within your power to defend yourself against disorderly conduct charges. Here are some things to know about defense against disorderly conduct in North Carolina.

Examples of Disorderly Conduct in North Carolina

Defense against Disorderly ConductAccording to North Carolina § 14-288.4, some types of recognized disorderly conduct charges include:

● Fighting
● The threat of fighting or violence
● Abusive language or gestures
● Seizing control of a school without the authority to do so
● Refusing to leave a building when asked
● Disrupting the education process or peace
● Disrupting a funeral service

Penalties for Disorderly Conduct

The penalties for a disorderly conduct conviction can be severe and impact your ability to live your life the way that you want to in the future. Some of the penalties you may face are:

Fines

If convicted of disorderly conduct charges, you could have to pay a fine. The amount of the fine depends on the severity of the conduct and the judge’s sentencing.

Jail Time

It is possible to face some jail time for disorderly conduct. This will depend on the nature of the charges. While not all disorderly conduct charges have jail sentences, it is a possibility.

Criminal Record

The worst penalty for a disorderly conduct conviction is having a criminal record, especially if your actions that led to the disorderly conduct charge were minor. A criminal record follows you for the rest of your life and can make it difficult to find a job, move to a new apartment, or emigrate to another country. Since you can get a disorderly conduct charge for defending yourself or for being too loud in the wrong place, having this weight of a criminal record on your shoulders for the rest of your life is a tremendous problem to have.

Possible Legal Defense for Disorderly Conduct Charges

It is important that you build the strongest legal defense possible against any charges of disorderly conduct. Your criminal defense lawyer will work with you to decide on the right approach. In general, there are three types of legal defenses for disorderly conduct: self-defense, freedom of speech, or involuntary actions.

Self Defense

If you got into a fight with another person, it is possible to argue that you were defending yourself. If the other party started the fight, it can be a reasonable defense to say that you were trying to protect yourself and end the fight. If you have a witness that saw the other person start the fight, this can strengthen your claims to self-defense.

Freedom of Speech

For disorderly conduct charges related to offensive language or being loud, it is possible to build a Freedom of Speech defense. The United States Constitution protects the freedom of speech under the First Amendment. If you were expressing your feelings, it is within your right to do so. This is the most common legal defense for disorderly conduct charges that relate to being loud or saying things that might offend another person.

Involuntary Actions

If you have a medical condition that causes you to act in a way that you don’t have control of, you could build the defense of involuntary action. For instance, if you have been diagnosed with the neurodevelopmental disorder known as Tourette’s syndrome, you might have a vocal tic that causes you to say profanities. If you have a mental health condition that causes you to be mentally unstable or hallucinate, your lawyer could also argue that you were not responsible for your actions.

Contact a Raleigh Criminal Defense Attorney

Every legal case is unique and requires a personalized defense that takes into account the specific circumstances of what happened. If you or a loved one need legal defense against disorderly conduct, it might be time to speak with a Raleigh criminal defense attorney to discuss your defense options to know how to proceed with your case.

Dewey P. Brinkley is an experienced criminal defense attorney. He understands the criminal justice system and what it takes to build a strong legal defense. Contact the law office of Dewey P. Brinkley today for a free consultation to discuss your case at (919) 832-0307 or filling out our online contact form.

What Are The Different Types Of Defense Lawyers In Raleigh?

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When you are in need of legal defense, it’s important to choose the right lawyer for your needs. It’s not enough to hire a relative or ask around until you find someone. There are different types of defense lawyers and when you’re a defendant, a lawyer with hands-on, specific experience in your type of case is key to the best outcome.

Even with a referral, it is important to not only find someone who can defend you in a legal action, but also the right one for your type of case. Here, we’ll discuss four different types of defense attorneys you may need, depending on your situation.

Civil Litigation Defense Lawyers

What Are The Different Types Of Defense Lawyers In Raleigh?Also called trial lawyers, these attorneys defend people and companies who have been sued. In some cases, there is money involved. Lawyers who deal with civil litigation cover many fields of civil law, including:

  • Personal injury cases such as car accidents
  • Mass torts and class action lawsuits
  • Commercial law
  • Business disputes, such as breach of contract
  • Trust & estate litigation such as contested wills

Representing defendants, civil litigation defense lawyers may also have a specific type of law that they practice, such as estate litigation or insurance defense.

Family Law

While most people think that a family law lawyer means a “divorce lawyer,” that’s only part of what they do. In addition to divorces, a family law attorney can help with:

  • Agreements, including:
    • Prenuptial
    • Postnuptial
    • Cohabitation
  • Annulments, a nullification of legal marriage as an alternative to divorce
  • Adoptions
  • Child custody and visitation rights
  • Wills and trusts

Many people find themselves in need of defense after being surprised by a divorce or unfairly accused of wrongdoing by the other party interested in gaining an advantage. Divorce cases can become very heated and contentious, with one or both parties offering allegations that have to be proven or disproven. Some family law lawyers may represent both plaintiffs and defendants, others may work only with one or the other. It’s important to make sure that if you need a lawyer for divorce defense that he or she has this type of experience.

Criminal Defense Lawyers

Anyone accused of a crime—from a small misdemeanor to a serious felony—is entitled to have and hire legal defense. An attorney who defends those accused of this activity understands how the criminal justice system works and has the considerable experience that offers the best chance of a positive outcome.

What’s also important is to find someone who works in the local criminal courts as well. Individual courts and judges have their own way of doing things. A criminal defense lawyer with local-court experience knows how each court and the various judges handle their proceedings. This can go a long way in creating a strong, effective defense for your case, and increase your chances of winning.

A criminal defense attorney can help with:

  • Traffic Tickets
  • Misdemeanor offenses, such as disorderly conduct and simple affray
  • Suspended driver’s license
  • Expunction, aka expungements
  • Juvenile crimes
  • DWI
  • Assault
  • Domestic Violence
  • Violent felonies, such as armed robbery and burglary
  • Drug Crimes
  • Sex crimes
  • Financial crimes, such as embezzlement

While many criminal defense lawyers handle multiple types of cases, some also handle one specific type of case, such as DWI.

Criminal Defense Attorney Dewey P. Brinkley In Raleigh

If you’ve been accused of a crime or arrested for one, it’s important to find a strong defense attorney quickly to begin building an effective defense. Dewey P. Brinkley is an experienced criminal defense attorney in Raleigh, NC who understands the criminal justice system, and how to defend you against many types of criminal charges.

Contact Dewey P. Brinkley today for a free initial consultation to discuss your case at (919) 832-0307. You can also email us using our online contact form.

Reasons You Could Get Your Driver’s License Suspended In Raleigh, NC

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It’s happened—your driver’s license is suspended, and you need to get around. That means you’ll need to make arrangements to get around for a while. If you’ve been considering carpooling, taking public transit or bicycling to work for a while, you’ll be covered. But you’ll still need to deal with the suspension, and getting your license back.

Why Your License Was Suspended

North Carolina has a number of reasons why your license might be suspended, including multiple traffic violations.

Reasons You Could Get Your Driver's License Suspended In Raleigh, NCFor a single offense, you can lose your license for:

  • 30 days if you were driving over 55 mph and at least 15 mph over the speed limit
  • One year if you fail to stop and offer aid when involved in an accident
  • Three years for illegal street racing with another individual, which includes the seizure of your vehicle

Having more than one offense or conviction can also lead to a suspension:

  • One year if you have two or more convictions for driving over 55 mph and 15 mph over the speed limit.
  • A conviction of reckless driving and one of the aforementioned speeding
  • A conviction of speeding over 75 mph
  • A court sentence that prohibits your ability to operate a motor vehicle for a specific time period

You can also request a suspension hearing by calling your local DMV or writing to the DMV in Raleigh. They will notify you by mail of the time and place for your hearing. You can appeal their decision within 30 days.

Non-Driving Reasons For Suspension

So your driving record is perfect, but your license was still suspended? There could be another reason for that, including:

  • Not appearing in court for other traffic or parking tickets
  • Drug/alcohol rehab
  • Not paying court-ordered child support
  • Fraudulent actions
  • Leaving a vehicle running with an unattended child inside
  • Other court probations and/or violations

Suspension Vs. Revocation

A suspended driver’s license is only suspended for a period of time, such as 30 days. You will not have to re-apply for your driver’s license and re-take any tests. You may be required to pay fines to tickets as well.

A revocation indicates that your license was canceled completely, along with your driving privileges. Your license can be reinstated once you meet the state’s eligibility requirements.

Getting Your License Back

The suspension isn’t the same as a complete revocation, and you can drive again. Once your suspension period is over, you can have it restored by:

  • Paying a restoration fee of $65 to the North Carolina Department of Motor Vehicles (DMV)
  • An additional $50 fee if you didn’t turn your license into the DMV before the start of the suspension period
  • An additional $130 fee if your suspension was for Driving While Impaired (DWI)

Working with an attorney who specializes in driver’s license suspension can make the process easier, especially if you experience any obstacles in the process or need to file a DMV appeal.

You Can Drive Again

Having your driver’s license suspended is a serious inconvenience, and can cost a considerable amount of money if you’re unable to get to work or get around. Attorney Dewey P. Brinkley is your best chance in Raleigh for getting your license back and your driving privileges restored. Call today: 919-832-0307 (or contact him online) to schedule an appointment for your free initial consultation.