Governor Cooper signs the Second Chance Act! Just days ago Governor Cooper signed the Second Chance Act. This new change to North Carolina expungement law will allow thousands to erase older non-violent convictions from their record.
Hit this link to see the ABC 11 Story about this bill.
The new law change does a number of things but has two provisions that are especially important.
Help for those with multiple convictions. New Rules to allow people who have multiple non-violent criminal convictions to get an expungement. Before, if you had multiple convictions (convictions on different dates of court) you could not get an expungement. Now people with more than one non-violent conviction may have the ability to get an expungement. [Note: This provision does not go into effect until December 1, 2020].
Help for those with convictions under the age of 18. New rules to allow most misdemeanor and low level felony convictions to be erased for those who were 16 or 17 at the time o
It Takes Two: Agreeing Your Way Into Conspiracy
To be convicted of conspiracy, the prosecutor will need to prove:
Between you and another person,
To commit an unlawful act,
Some overt act was done to further the conspiracy.
For purposes of conspiracy, You don’t have to agree to be the one robbing the bank. The agreement can be as simple as saying yes to driving the getaway car. But, simply knowing that a crime is going to occur, without agreeing to participate in that crime, is not conspiracy. Read more also visit here https://wileynickel.com/raleigh-defense-lawyer-blog/conspiracy
Raleigh DWI Defense: Firm Overview
At The Law Offices of Wiley Nickel, PLLC, our defense attorneys are dedicated to providing high-quality legal representation to clients charged with DWI, criminal offenses, traffic tickets and other related legal matters in the Wake County North Carolina area. Our firm also focuses in the area of driver’s license law, representing those seeking the reinstatement of their revoked or suspended driver's license.
Professional and Experienced Representation
The Law Offices of Wiley Nickel, PLLC has earned a reputation within the legal community as a leading firm criminal defense law firm in DWI defense. We have former prosecutors on the criminal defense team who know our cases from both sides of the issues. Our Raleigh DWI Lawyers focus on DWI/DUI Defense in and around Wake County, NC. Read more also visit here https://wileynickel.com/raleigh-defense-lawyer-blog/2021/3/7/raleigh-and-wake-county-area-dwi-drivers-license-traffic-ticket-amp-criminal-d
We applaud this decision by Governor Roy Cooper! It will allow many of our clients who have had their records erased through the expungement process to have a better shot at getting a job with North Carolina State Government agencies. See the information below issued by the Governor's Office.
We handle expungements in North Carolina. Please contact us at 919-650-2851 for a free consultation to see if you are eligible for a North Carolina criminal record expungement. Read more also visit here https://wileynickel.com/raleigh-defense-lawyer-blog/governor-roy-copper-decision
Defending Sexual Assault Cases in a #MeToo Era, Part II By Lindsey Granados
In Part I of this blog post, I discussed the origins of the #MeToo movement and how it has impacted criminal jury trials in this country. Also discussed was the fact that sexual assault jurors are overwhelmingly aware of the #MeToo movement. Therefore, it is incredibly important to frame the issue with the jurors from the first moment you have the opportunity to talk to them in jury selection through asking specific questions designed to distinguish your case from what they are aware of in the media at large.
A defendant in a sex offense case should start off presumed innocent under our laws, but the reality in practice is much different. Jurors are usually well-intentioned: they come into a trial with a sense of civic duty, with curiosity about the facts of the case, and a desire to do the right thing. A juror can absolutely say they believe that someone is presumed innocent until proven guilty, and that
The first question for many people looking for a Raleigh criminal defense lawyer is “How do I get my case dismissed?” The goal for most people who enter the Wake County courthouse for the first time is (1) a dismissal and (2) an expungement of all public records.
Our first question for potential clients revolves around guilt or innocence. We are an aggressive criminal defense law firm and exercise all legal options for our clients. When your future and reputation are at stake, an experienced Raleigh Attorney makes your rights a priority. We will walk you through your legal options and talk about how a trial will work. In cases where the evidence is on our side, the Wake County District Attorney’s Office can agree to dismiss a case ahead of trail.
In other cases there are different deals that involve a dismissal in exchange for doing something. In some cases it could mean a deal for community service for a dismissal. In other cases it could mean doing alcohol/drug classes as pa
Attorney Lindsey Granados Appointed to the North Carolina Sentencing and Policy Advisory Commission: The Law Offices of Wiley Nickel is proud to announce that Attorney Lindsey D. Granados has been appointed to the North Carolina Sentencing and Policy Advisory Commission by North Carolina Supreme Court Chief Justice Cheri Beasley. Chief Justice Beasley appointed Lindsey Granados as a criminal defense attorney member to serve on the commission.
The Commission was created by the General Assembly in 1990 to make recommendations to the General Assembly for the modification of sentencing laws and policies, and for the addition, deletion, or expansion of sentencing options as necessary to achieve the state’s policy goals. The Commission’s prior work led to the passage of the Structured Sentencing Act which became effective in 1994. Read more also visit here https://wileynickel.com/raleigh-defense-lawyer-blog/attorney-lindsey-granados-appointed-to-the-north-carolina-sentencing-and-policy-a
Wake County, NC Larceny – “The Accidental Shoplifter” : Self-checkout lines are a convenient way to shop and allow stores to efficiently serve their customers. When people rush to check out, they may accidentally forget to scan an item or the scanner doesn’t register the item. An employee could stop a person from leaving and the loss prevention officer assumes they are trying to steal. Cases of accidental shoplifting are becoming more and more common in North Carolina. If you make a simple mistake you could be charged with Larceny. We find that Wake County Wal-Mart stores are especially aggressive in prosecuting innocent shoppers. Read more also visit here https://wileynickel.com/raleigh-defense-lawyer-blog/wake-county-nc-larceny-the-accidental-shoplifter
New Law Change for Expungements of Felonies and Misdemeanors committed under the age of 18: If you were convicted of a felony or misdemeanor under the age of 18 then you may be eligible to have your record Expunged. The law was changed in June of 2020 as part of the Second Chance Act to allow almost all felony and misdemeanors to be erased through the North Carolina expungement process. Those who were 16 or 17 and convicted with a date of offense prior to December 1, 2019 are eligible for an expungement of all misdemeanors and H or I felony convictions with some minor exceptions (DWI/Driving related conviction and sex offender registry convictions). Expungements Under 15A-145.8 were included as a response to the Raise the Age legislation that finally allowed NC to join the rest of the country in treating 16 and 17 year olds as juveniles.
Attorney Michaela Weber Joins the Law Firm of Wiley Nickel
"The Law Offices of Wiley Nickel, PLLC is proud to announce that Attorney Michaela Weber has just been sworn in as the newest member of the North Carolina State Bar! Michaela was born and raised in Colorado where she graduated magna cum laude from the University of Colorado Boulder with a degree in political science. She recently graduated from the Campbell University School of Law. She will focus on criminal defense and expungement work for the law firm. Read more also visit here
Avoid Wal-Mart Self Scanners!
Mistakes in Scanning items at Wal-Mart self-checkout can easily lead to a criminal charge of larceny
Our law firm is seeing a large influx in Wal-Mart self-scanner charges for criminal misdemeanor larceny. Many of our clients simply made a mistake scanning goods. We’re seeing that Wal-Mart has become very aggressive in filing criminal charges for simple self-scan errors.
Wal-Mart could simply allow their shoppers to fix the error and make payment but routinely calls the police to file criminal charges for shoplifting and larceny from failing to scan items at the check-out.
Our advice is to avoid self-scanners at Wal-Mart and always have a human being ring up your items. You could make a simple mistake and end up being charged with larceny by Wal-Mart in North Carolina.
Purse Snatching and Pickpocketing: Why Neither of These Things are Robbery.
There are several types of robbery charges in North Carolina. There is common law robbery, robbery with a dangerous weapon, and train robbery. All three of these crimes will result in a felony conviction.
What Makes Robbery, Robbery?
Robbery is distinguishable from other theft crimes because it usually requires the victim to not only be present, but also be threatened with bodily harm.
North Carolina Prayer for Judgement: Explained
A Prayer for Judgment Continued, most commonly referred to as a PJC, is a unique tool to North Carolina residents that allows the court to grant some judicial mercy in some cases. Most commonly associated with traffic related matters, a PJC prevents license and insurance points from being imposed on the driver. PJC’s have the added benefit of eliminating fines associated with certain traffic offenses.
PJC’s can only be granted twice in a five year period on a per-household basis and are not available to those holding a commercial drivers license .There are some instances where the court will not grant a PJC including any DWI, excessive speeding tickets, and passing a stopped school bus.
In North Carolina, it is illegal to have an open container of any alcoholic beverage in the passenger area of a motor vehicle. This applies regardless if the car is being driven on a public roadway or if it is parked. If you are charged with an open container violation, you could be convicted of a Class 3 misdemeanor if it is your first offense, and a Class 2 misdemeanor if it is a repeat offense.
An open container is any alcoholic beverage that has a broken seal. If the seal is broken, no matter how slight, it is considered an open container in the eyes of the law in North Carolina.
Jennifer is a native of Youngstown, OH who has lived in the Raleigh-Durham area for the last ten years. She is currently working on her degree in Human Services Technology at Wake Tech Community College. Jennifer plans to use her degree in Human Services Technology to run a Substance Abuse Counseling Center in her community one day.
Jennifer comes to The Law Offices of Wiley Nickel, PLLC from the Wake County Clerk of Superior Court’s Office where she served as a Criminal Division Deputy Clerk. In her role as a Deputy Clerk, Jennifer served in the courtroom where she gained valuable knowledge of Wake County criminal procedures involving Felony District Court, Domestic Violence Court and general misdemeanor practice. Visit here https://wileynickel.com/about-us
Emily is a North Carolina native, who was born and raised in the beautiful mountains of North Carolina. She is proud to be a Western Carolina University Alum, where she graduated with Magna Cum Laude honors in Criminal Justice in 2013. Before joining our team, Emily was a Deputy Clerk with the Wake County Clerk of Superior Court for the past two years where she gained valuable knowledge of criminal courtroom procedures. The areas she was most heavily involved included: Domestic Violence, DWI, and District Criminal Court.
As the office manager and legal assistant, Emily will likely be the first person you will speak with at The Law Offices of Wiley Nickel. Also visit here https://wileynickel.com/about-us
Attorney Michaela Weber was born and raised in Colorado where she graduated magna cum laude from the University of Colorado Boulder with a degree in political science. She ventured to North Carolina for a change in scenery and to attend law school at Campbell University. During her time at Campbell, she worked on her advocacy skills by participating on the nationally ranked mock trial team and grew her interest in criminal justice. Providing diligent advocacy is always a goal for Ms. Weber, and her experiences in law school helped instill this dedication for future clients. Ms. Weber graduated from Campbell University with honors in May of 2020. Visit here https://wileynickel.com/about-us
Attorney Lindsey D. Granados is an experienced trial lawyer and seasoned litigator who advocates tirelessly for her clients. She truly cares for the well-being of her clients, and her compassion and desire to see justice in action motivates her to seek the best possible outcome in each case. Over the course of her career, Lindsey has tried hundreds of District Court cases—infractions, misdemeanors of every variety, DWIs—and numerous high-level felony criminal jury trials to verdict in Superior Court. Visit here https://wileynickel.com/about-us
Haley was born and raised in Garner, North Carolina. She graduated in May of 2020 from the University of North Carolina in Wilmington with Cum Laude honors. Haley majored in criminal justice, minored in sociology and pre-law, and obtained a certificate in professional writing. Before joining our team, Haley interned at the New Hanover County District Attorney's Office. While interning, she learned valuable insight about the criminal justice system and criminal courtroom procedures. Haley also had the opportunity to study abroad in Germany, The Netherlands and France. Her favorite place was The Netherlands, specifically Amsterdam. While abroad, she learned about international criminal law and the international court system. also visit here https://wileynickel.com/raleigh-defense-lawyer-blog/haley-joins-the-law-firm
If you have been charged with assault or another violent crime, do not speak with anyone before talking with a defense attorney. At the Law Offices of Wiley Nickel, we can help. We work aggressively on behalf of our clients from the very beginning to the very end.
Contact our Cary, North Carolina, law office immediately to discuss your defense with a trusted assault defense lawyer during a free initial consultation. Timing is critical in these cases. Do not wait to call a skilled, effective criminal defense lawyer immediately. also visit here https://wileynickel.com/raleigh-assault-lawyer
North Carolina DWI lawyers Wiley Nickel & Melissa Botiglione are experienced Wake County DWI lawyers and have knowledge of both criminal and civil law. At The Law Offices of Wiley Nickel, located in Cary, we focus on Driving While Impaired (DWI), misdemeanor and felony criminal charges, traffic tickets, and DMV hearings. Mr. Nickel and Ms. Haddock will work tirelessly on your behalf and make themselves personally available to answer questions when you need them – evenings, weekends, and holidays. Both attorneys can be reached by phone at 919-650-2851 and by email at firstname.lastname@example.org and email@example.com. We know how stressful this ordeal is to you and will be engaged in every step of the process to ease your mind. Mr. Nickel & Ms. Haddock will be there to guide you from start to finish. also visit here https://wileynickel.com/dwi-driving-while-intoxicated-raleigh
If your case was dismissed, you can protect your reputation and rebuild your life through the process of Expunging your North Carolina criminal record (also called Expunction). Even if your case was dismissed a record still remains that is visible to future employers, current employers, customers, landlords, colleges, insurers and anyone else who might do a check on your record.
If you worked with your attorney to negotiate a dismissal of your criminal charge or are found not guilty at trial your criminal arrest record will still remain. Even if you get a voluntary dismissal the original criminal charge will always be on your record. If your record is expunged then all searches of your record will show a clean criminal record and a clean public arrest record. also visit here https://wileynickel.com/expungements
A simple speeding ticket can have very serious consequences. In addition to a fine, your insurance rates could go through the roof and you could possibly lose your drivers' license. By paying the fine, you are pleading guilty, possibly to a misdemeanor offense. All of these bad consequences can be avoided by hiring a lawyer to handle the matter for you.
Do not pay a speeding ticket without talking to a lawyer. By paying tour traffic ticket, you are pleading guilty and could have very some severe consequences. Contact our Cary, North Carolina office to arrange a free consultation with traffic ticket attorney Wiley Nickel. For many clients a reduction to the no-moving violation of improper equipment may be the best option. Also visit here https://wileynickel.com/raleigh-traffic-ticket-lawyer