North Carolina Expungement Information - Faster Process

We wanted to give a quick update on expungements in North Carolina since the law changed in December of 2017.  We're seeing much faster processing times in the last few months. New rules for faster processing and more staff across the state have been able to speed things up a few months for many clients with expungement petitions. 

If you have a dismissed criminal case or a conviction and you would like a free consultation you can reach us at 919-585-1486 to discuss your case.

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Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.

When Can Police Search My Car?

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Police must have probable cause to search your vehicle. Once you are pulled over for a traffic offense, such as speeding, driving without a tail light, or expired registration, police can approach your vehicle to ask for your license and registration. If law enforcement smells marijuana coming from your vehicle this gives them the requisite probable cause to search your vehicle. However, there are exceptions and limitations to where police can search.

Police officers must have individualized probable cause against the specific occupant(s) they are attempting to search. If police wish to search a container within the vehicle, such as a purse, the officer attempting to search must have probable cause that either the marijuana or related paraphernalia will be found therein.  Lastly, if police wish to search the trunk of your car the officer must have specific probable cause attached to the trunk.

If you were charged with a traffic offense, possession of marijuana, or possession of drug paraphernalia call The Law Offices of Wiley Nickel, PLLC for a free consultation. Attorney Kristi Haddock and Attorney Wiley Nickel are available by phone at 919-585- 1486. Our office is located in Cary near the intersection of Harrison Avenue and I-40.

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Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.

Charged with Underage Drinking?

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 In North Carolina it is illegal to consume alcohol under the age of 21. Concerts, and other summer events, are often patrolled by alcohol law enforcement (ALE) looking for underage consumers who are violating NCGS 18B-302, which dictates that anyone under the age of 21 is forbidden from consuming alcohol. Further, the use of a fake ID or the purchasing of alcohol for anyone under 21 is illegal.

Concerts and sporting events can be a popular place to pregame or tailgate in parking lots. While it is common to think you are safer in your car, this is not the case. Law enforcement patrolling the parking lots of events are on the lookout for illegal activity. The smell of marijuana or alcohol coming from a vehicle can lead to a citation or arrest for underage drinking, marijuana possession or possession of drug paraphernalia.  

 If you are a first-time drug or alcohol offender, you may qualify for the opportunity to have your case dismissed. An experienced attorney may work out a deal for you to do drug or alcohol classes in exchange for a dismissal of your charges.  

While drug and alcohol charges may seem minor, you should only move forward with the help of an attorney. A conviction for drug or alcohol charges could impact things like employment, housing, and financial aid.

Charged with a DWI, underage drinking, or marijuana charge? Call the Law Offices of Wiley Nickel, PLLC for a free consultation with attorney Kristi Haddock or attorney Wiley Nickel.

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Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.

How Do I Figure Out When and Where My Court Date Will Be?

In order to check the date, time and courtroom of your case, you can use the following link:

 

http://www1.aoc.state.nc.us/www/calendars/CriminalQuery.html

 

You will need to select “Wake County” from the drop-down menu and type in your last name, first name (do not put a space after the comma) and then click “Submit Query.”

 

When the list comes up, you will be able to click on your name to bring up the details of your case, including the charges, case number, court date, and session of court. In Wake County, there are two different sessions of court: (1) “AM” (meaning (9:00 a.m.) or (2) “PM” (meaning 2:00 p.m.). It is important that you know which session of court you are attending so that you do not miss court.

 

You may not see your scheduled courtroom on the website at first, but about a week before your scheduled court date, the assigned courtroom will appear on the website. However, because the courtrooms have been known to change unexpectedly, you should check the assigned courtroom on your scheduled court date.

 

The Wake County Justice Center is the large marble building located across from the Wake County Courthouse. The address is 300 S Salisbury St, Raleigh, NC.

 

If you have been charged with a criminal offense, contact The Law Offices of Wiley Nickel, PLLC today for a free consultation. You can reach the office at 919-585-1486. 

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Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.

What Happens When I Miss My Court Date?

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You should always do everything you can to attend court on your assigned court date, but if you end up missing court the judge may issue a bench warrant. A bench warrant is very similar to an arrest warrant, which means that you can be arrested. A judge may not issue a bench warrant but it is completely in their discretion to do so.

 

Although police may not actively pursue you because your charge is only traffic related or another minor offense, the police could do so if they wish. So in order to avoid your arrest, you should bring any and all documentation that might explain your absence and then contact a lawyer to see what your options are. You lawyer may be able to help explain why you missed the court date and get a new court date rescheduled.

 

You need an experienced attorney who will keep your interests in mind and be able to get the best outcome for you. If you have missed your court date, call The Law Offices of Wiley Nickel, PLLC for a free consultation at 919-585-1486.

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Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.

What is the 90-96 Program?

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If this is the first time ever being charged with a crime and you have been charged with an alcohol or drug offense, you might be eligible for the first time offender program called 90-96.

 

Under North Carolina General Statutes Section 90-96, courts are allowed to defer prosecution of alcohol and drug offenses for first time offenders. Essentially, first time offenders are given the opportunity to earn a dismissal through completion of this program.

 

The 90-96 program is a great option for first time offenders and sometimes even if you are charged with an alcohol or drug offense for a second time. The 90-96 programs requires that you attend alcohol and/or drug classes, pay the required fees and abide by the conditions of the program in order to have your case dismissed. Although as part of the 90-96 program you are required to sign an admission of guilt, this admission is irrelevant so long as you comply with the programs requirements within the year.

 

Once you have completed the 90-96 program and your case has been dismissed, your case will be eligible for expungement to clear your criminal record of the charge.

 

If you were charged with an alcohol or drug offense and would like to learn more about this program, or you have completed the program and would like help getting your criminal record expunged, call the attorneys at The Law Offices of Wiley Nickel, PLLC at 919-585-1486. 

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Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.

A Commitment to Our Community

We are always excited to serve our community! Today attorney Kristi Haddock from The Law Offices of Wiley Nickel, PLLC is at WRAL TV answering legal questions as part of the North Carolina Bar Foundation 4All Service Day.

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Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.

What Happens When I'm Charged With Using A Fake I.D.?

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As spring break and summer break quickly approach for college and high school students, many students will find themselves in trouble for using fake identification in their free time.

 

While an underage person’s use of fake identification may not seem so serious at the time, a conviction under North Carolina laws can result in revocation of your drivers license. 

 

In North Carolina, N.C. Gen. Stat. 18B-302(e) makes it is a Class 1 misdemeanor to use fraudulent identification to:

1)    Enter or attempt to enter a place where alcoholic beverages are sold or consumed; or

2)    Obtain or attempt to obtain alcoholic beverages; or

3)    Obtain or attempt to obtain permission to purchase alcoholic beverages

 

If you are convicted under N.C. Gen. Stat 18B-302(e), your drivers license must be revoked for a one-year period.

 

Under N.C. Gen. Stat. 20-23(3), displaying or representing as your own, a drivers licenses not issued to the person displaying it is a Class 2 misdemeanor. Upon a conviction under this statute, you may lose your drivers license for up to one year.

 

If you are charged with having a fake I.D. contact The Law Offices of Wiley Nickel, PLLC for a free consultation with one of our criminal defense attorneys at 919-585-1486. 

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Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.

What is Domestic Violence in North Carolina?

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Under North Carolina law, domestic violence convictions result in harsher collateral consequences than some other misdemeanor convictions. Domestic violence is one of several acts against a person who has one of the following relationships with the accused, such as: 

  • Spouse
  • Ex-spouse
  • Person of the opposite sex who lives or has lived with the accused
  • Child or grandchild
  • Person with which the accused has a child
  • Current or former household member
  • Person of the opposite sex with whom the accused is in a dating relationship, like a girlfriend or boyfriend
  • Person of the opposite sex with whom the accused used to have a dating relationship

It’s common to see crimes such as Assault on a Female or Simple Assault in the Domestic Violence courtroom, but other charges may be considered crimes of domestic violence if the alleged victim and the accused have a personal relationship.

If you have been charged with a domestic violence crime in Wake County, The Law Offices of Wiley Nickel is here to help. If you have questions regarding your charge, and how to proceed, call our office at 919-585-1486 today! 

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Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.

When Should I Stop For A Stopped School Bus in NC?

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In July 2017, Roy Cooper signed the “School Bus Cameras and Civil Penalties” bill into law allowing individual counties to adopt ordinances and cite motorists by using cameras installed on the stop-arms of buses. The new law authorizes counties to adopt ordinances with civil penalties of $400 for the first offense, $750 for the second offense and $1,000 for a subsequent offense.

 

Passing or failing to stop for a stopped school bus is a Class 1 misdemeanor in North Carolina that can result in significant fines and the possibility of up to 120 days in jail. A person is guilty of this offense by:

(a)   Driving

(b)   A vehicle

(c)   Approaches from, any direction, on the same street, highway or public vehicular area

(d)  A school bus

(e)   That is displaying its mechanical stop signal or flashing red lights AND is stopped for the purpose of receiving or discharging passengers

(f)   Passes or attempts to pass the school bus OR fails to bring the vehicle to a full stop and remain stopped

(g)   Before the bus’s mechanical stop signal has been withdrawn, the flashing red stoplights have been turned off and the bus has started to move

 

In order to avoid such a charge, you should know the rules about when you should stop for a school bus:

·      Two-lane roadway: all traffic from both directions must stop

·      Two-lane roadway with a center turning lane: all traffic from both directions must stop

·      Four-lane roadway without a median separation: all traffic from both directions must stop

·      Divided Highway of four lanes or more with a median separation: only traffic following the school bus must stop

·      Roadway of four lanes or more with a center turning lane: only traffic following the bus must stop

 

If you’ve been charged with Passing or Failing to Stop for a Stopped School Bus, give The Law Offices of Wiley Nickel, PLLC a call to discuss the facts of your case at 919-585-1486. Attorney Kristi Haddock and Attorney Wiley Nickel are available for a free consultation.

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Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.

Raise the Age in North Carolina

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In 2017, North Carolina relinquished its title as the only state in the U.S. that automatically prosecuted juveniles 16 and older as adults. As a result of the North Carolina General Assembly’s Juvenile Justice Reinvestment Act, most 16 and 17 year olds will now be prosecuted in juvenile court instead of the adult court system.

 

Beginning December 1, 2019, a “delinquent juvenile,” as defined in N.C. Gen. Stat. 7B-1501(7), will include 16 and 17 year olds who commit crimes or infractions, except for motor vehicle laws, or indirect contempt by a juvenile. However, under the new law, once a juvenile has been convicted of any offense in either district or superior court, including violations of motor vehicle laws, the juvenile must be prosecuted as an adult for all subsequent offenses. This means that if a teenager already has an adult conviction when the new law becomes effective, the law will not benefit them.

 

The new law provides that all offenses committed by 16 and 17 year olds will originate in juvenile court. This means that 16 and 17 year olds accused of misdemeanors and low-level felonies such as larcenies, break-ins and other non-violent crimes, will now have a chance to for their cases to be handled in juvenile court. Since studies have shown that children in the juvenile system are less likely to return to jail, North Carolina is finally taking a step towards reducing its growing prison populations.

 

What has not changed is that violent teenagers can still be moved into the adult system. Class A-G felonies that are committed by 16 and 17 year olds require mandatory transfers to superior court by a notice of an indictment or a finding of probable cause by the court. However, this new provision will provide prosecutors with the ability to maintain some discretion by reducing charges before the time for filing or a probable cause hearing.

 

If you are charged with a misdemeanor offense and are 16 or 17 years old contact The Law Offices of Wiley Nickel, PLLC for a free consultation.  Until the “Raise the Age” Bill becomes effective we can handle cases for 16 and 17 years olds in adult criminal court. 

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Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.

Standardized Field Sobriety Tests: What Are Police Looking For?

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If you have ever seen a movie or television show depicting drunk drivers, you may have seen police officers asking drivers to say the alphabet backwards, count fingers or touch their noses in order to help determine whether the driver is intoxicated. In reality, law enforcement officers will very rarely use those often-depicted tests because more reliable tests exist.

 

The three most common Standardized Field Sobriety Tests (SFST) that a police officer will likely ask you to perform if he or she suspects you of driving while impaired are: One Leg Stand, Walk and Turn, and Horizontal Gaze Nystagmus.

 

One Leg Stand

Officers will likely ask you to stand with one leg out in front of you – parallel to the ground—approximately six inches off the ground for nearly thirty seconds. While officers are giving you instructions for the test, you will be instructed to stand with your feet together, keep your arms at your side and listen to performance instructions.

 

During the performance part of the test, officers are looking to see if you exhibit any of the following four clues:

·      Swaying

·      Using your arms for balance

·      Hopping

·      Dropping your foot

 

Walk and Turn

Officers will also likely ask you to take nine heel-to-toe steps in a straight line, turn 180 degrees on one foot and repeat the steps in the opposite direction following either an actual or imaginary line. During this exercise, officers want you to watch your feet, count out loud and keep your hands at your side.

 

During the performance part of this test, officers are looking to see if you exhibit any of the following eight clues:

·      Starting the test too soon

·      Using hands for balance during the test

·      Not maintaining balance during instructions

·      Stepping off the line

·      Missing heel-to-toe by more than ½ inch

·      Incorrect turn

·      Wrong number of steps

·      Stopping the test early

 

Horizontal Gaze Nystagmus

Nystagmus is the involuntary jerking of the eyes that can be caused for a number of reasons, including alcohol impairment. Horizontal Gaze Nystagmus (HGN) is an involuntary jerking of the eye that occurs naturally as the eyes are rotated at high peripheral angles. Alcohol and certain other drugs can cause exaggerated HGN and trigger HGN at an angle of less than 45 degrees. Before the test an officer will check the subject for equal pupil size, resting nystagmus and equal tracking to rule out any medical condition that may render the test ineffective. An officer will then ask you to follow a stimulus that he or she will move from left to right and right to left while watching for certain clues. A common misconception is that officers look for you to follow the stimulus without head movement. Although officers will note that, it is not a clue they are specifically looking for.

 

While performing the test an officer will be looking for the following clues in each eye:

·      Lack of smooth pursuit (i.e. – jerking while following an object)

·      Nystagmus at maximum deviation

·      Nystagmus prior to 45 degrees

 

Each of these tests has defenses that you may want to explore with your DWI/DUI attorney. The attorneys at The Law Offices of Wiley Nickel have experience challenging the results of these tests, along with all other aspects of your DWI/DUI case. Contact our office at 919-585-1486 to speak with one of our experienced attorneys today about your options.

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Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.

Marijuana Possession: Small Quantities, Big Consequences

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While some states have legalized the recreational use of marijuana, North Carolina has not. In North Carolina, possession of less than a half-ounce of marijuana, is a Class 3 misdemeanor. Although you may only have a $200.00 fine and no jail time, there may still be long-term consequences. However, the more marijuana you possess, the higher chance of jail time and the more severe the long-term effects can be. Possession of up to 1.5 ounces is a Class 1 misdemeanor with the potential to serve up to 45 days in jail and if you have more than 1.5 ounces, you may be charged with a felony and face up to 12 months of jail time.

 

While the short-term consequences of misdemeanor drug possession may not seem so harsh, there are long-term effects on employment, housing, and finances. Drug possession charges will show up on background checks when applying for job. Employers want to hire people they can trust so misdemeanor drug charges can severely hamper your chances at receiving a job. In fact, some vocations (such as law enforcement, the military or teachers) may not consider you a candidate if you have a history of drug charges. Drug charges may even make a landlord weary to rent a home or apartment to you. Most significantly, your financial aid may be suspended if your drug conviction happened while you are receiving aid or you may be completely disqualified from financial aid if you received certain types of drug charge.

 

If this marijuana possession charge is your first offense, the experienced attorneys at the Law Offices of Wiley Nickel may be able to help. You may be eligible for the 90-96 program, which allows you to have the charge dismissed after completing court mandated classes and community service. Once you complete the program and have the charge dismissed, our office may be able to assist you in getting the charges expunged. 

 

Whether this is your first offense or not, contact Attorney Wiley Nickel or Attorney Kristi Haddock to discuss your options in Wake County at wiley@wileynickel.com or Kristi@wileynickel.com.

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Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.

Driving After Consuming Under 21

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You may have heard of Driving While Impaired (DWI) or Driving Under the Influence (DUI), but what exactly is Driving After Consuming (DAC)? In North Carolina, Driving After Consuming is a serious offense, completely separate from the commonly known DWI. In fact, if you are under 21 years old, depending on the specific facts of the case, you may even be charged with driving while consuming and driving while impaired.

 

Under N.C.G.S. § 20-138.3, it is against the law for anyone under the age of 21 to drive a motor vehicle on a public street, highway or vehicular area after consuming any amount of alcohol or controlled substance in North Carolina. Since driving while consuming applies to minors under 21 years of age, special rules apply. For example, the blood alcohol concentration (BAC) standard of .08 is irrelevant. A minor that has a BAC of even .01 could face a Driving After Consuming charge. A minor with a BAC of .08 or higher may also be charged with a DWI if the officer finds other signs of impairment.

 

A conviction for underage Driving After Consuming can lead to punishments similar to a DWI conviction such as substantial fines, probation and/or jail time. As a minor, not only can a conviction affect your ability to have a drivers license, but also your education, career and future. Driving After Consuming under the age of 21 is a Class 2 misdemeanor that can result in up to 60 days in jail and your drivers license revoked for up to one year. A driving while consuming charge may also lead to long-term consequences on automobile insurance rates.

 

In Wake County, some judges may offer an opportunity to “earn” a Prayer for Judgment Continued (PJC) following a Driving After Consuming after completing community service and/or substance abuse treatment. Once a PJC is granted, there will be no fine, probation or jail time and no license suspension. In order to gain the most favorable result possible in your case, its imperative that you have an experience attorney on your side.

 

If you have any questions about driving while consuming, or you or your child has recently been charged with this offense, contact the Law Offices of Wiley Nickel. The attorneys at The Law Offices of Wiley Nickel have experience representing clients with DAC and DWI charges and will work diligently to get the best possible outcome for you. You may contact the offices at 919-585-1486 or email the attorneys directly at Kristi@wileynickel.com or Wiley@wileynickel.com.

 

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Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.

New Updated Expungement Video Explains the New Law Change!

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Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.

Charged with Larceny?  The State of North Carolina Must Include the Correct Legal Name on Your Charging Document.

For larceny cases in North Carolina the state must allege the proper legal name in the charging document.

The North Carolina court of appeals recently decided that an indictment alleging that a defendant stole some shirts from “Belk’s Department Stores, an entity capable of owning property,” did not sufficiently identify the victim as an entity capable of owning property. State v. Brawley, (Oct. 17, 2017).

The Defendant was charged with stealing two Polo shirts from a Belk’s department store in Salisbury, NC. He was charged with larceny from a merchant under NCGS 14-72.11. The indictment alleged:

“STEAL, TAKE, AND CARRY AWAY TWO POLO BRAND SHIRTS BY REMOVING THE ANTI-THEFT DEVICE ATTACHED TO EACH SHIRT, THE PERSONAL PROPERTY OF BELK’S DEPARTMENT STORES, AN ENTITY CAPABLE OF OWNING PROPERTY, HAVING A VALUE OF $134.50.”

The Defendant was convicted and appealed because the indictment was fatally defective for failing to allege that the victim was a legal entity legally capable of owning property. The key issue here was that the police didn’t call them “Belk, Inc” in the charging documents.  The state has to identify the type of entity and just saying that they are a legal entity capable of owning property is not enough.

The majority of the court said that “our Supreme Court has consistently held that [a larceny] indictment must . . . clearly specify the identity of the victim” and must allege that the victim is a legal entity capable of owning property. Applying that rule, the court of appeals stated that “the name ‘Belk’s Department Stores’ does not itself import that the victim . . . is a corporation or other type of entity capable of owning property.” The inclusion of the phrase “an entity capable of owning property” did not save the criminal indictment. The majority saw the case as similar to another case where a criminal indictment was defective even though it alleged that the defendant embezzled property belonging to “The Chuck Wagon.”

The main take away is that a criminal case can be dismissed in North Carolina if the correct legal name of the business entity is not written on the charging document.  In this case “Belk’s Department Store Inc.” would likely have been enough.  Now when a case is dismissed because the citation is defective the charges can be re-filed by the District Attorney’s Office.  While it’s possible for them to do that it’s less likely when the value of property lost is small and the store received all of their merchandise back.

Looking for a Raleigh Larceny Lawyer?  If you have been charged with larceny or another theft crime in Wake County, North Carolina contact The Law Offices of Wiley Nickel, PLLC for a free consultation at 919-585-1486.  Our office is located in Cary, NC and you can speak to a Raleigh shoplifting lawyer when you call.

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Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.

Celebrate the Holidays!

Season's greetings to you  and yours!


We hope you have a wonderful and joyful holiday season!

We want to remind you that our office will be closed for Christmas:

December 25 - December 29th

And for the New Year: 

December 31st - January 2nd

We will have access to our emails for response to urgent matters during this holiday season.

 

Happy Holidays from:

The Law Offices of Wiley Nickel

www.wileynickel.com

(919) 585-1486

http://conta.cc/2paxMby

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Comment

Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.

New NC Expungement Law Takes Effect December 1, 2017!

New changes to North Carolina expungement law take effect tomorrow on Friday December 1, 2017.  

The new changes will allow for unlimited dismissal and not guilty expungements (assuming no current criminal cases, felony convictions or criminal cases in VL status). 

The new law will shorten the wait time for eligible misdemeanor conviction expungements from 15 years to 5 years for the wait time.  This will mean that many people will be able to get rid of that one conviction that could be holding them back from getting a good job.  

The new law will shorten the wait time for eligible low level felony convictions from 15 years to 10 years wait time.  This will again help many people get that one stupid mistake on their record behind them much faster (assuming eligibility).

Please call The Law Offices of Wiley Nickel, PLLC for a free consultation to see if you qualify for an expungement with this new North Carolina Expungement Law that goes into effect on December 1st of 2017.  You can reach us at 919-585-1486 and our office is located in Cary, NC.

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Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.

The Holidays, DWIs and First Time Offenders

     As we head into the Holiday Season, also known as the “Trifecta,”  because we celebrate Thanksgiving, Christmas and New Years all within a few weeks of each other, the increased number of parties also yield a larger than usual number of drug and alcohol related offenses.  

      While an alcohol related arrest may seem like the end of the world, for first offenders there may be the possibility of a dismissal.  In some cases our lawyers may be able to use the 90/96 Drug Referral Program.   

     This program allows first offenders the chance to earn a dismissal after they have completed drug and alcohol education classes. 

     If you have questions about the 90/96 Drug Referral Program or have recently been charged with a drug or alcohol offense, contact the Law Offices of Wiley Nickel. There are ways to fight these charges, and attorneys like Kristi Haddock and Wiley Nickel can fight for the best possible outcome for your case.

 

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Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.