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.
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
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.
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.
With Thanksgiving just around the corner we at The Law Offices of Wiley Nickel would like to take this time to wish you all a wonderful holiday season. We are grateful for all of the many people who have come to our offices this past year. Especially for the opportunity you have given us to be of service.
In a similar vein, we would like to share a thought from President John F. Kennedy who is quoted as having said,
“As we express our gratitude, we must never forget that the highest appreciation is not to utter words, but to live by them.”
We will try to do our very best to help out each time someone passes through our doors.
We wish you Happy Holidays! And a very bountiful Thanksgiving!
Wiley Nickel, Kristi Rogers Haddock, Emily Orr & Mary Beth Doyle
Every Holiday season the number of alcohol related offenses rises exponentially. DWI Checkpoint locations are generally selected based on the likelihood of catching impaired drivers. So, roads near bars or other venues on a holiday weekend are likely targets.
If you are charged in Wake County with an offense such as DWI, you have the right to refuse any test. However, refusing to provide a breath sample after arrest will cause a one year suspension of your license for that “refusal.” Your refusal could also be used against you in court.
If you refuse a breath test, DMV will send you a letter notifying you of that one year suspension. It is important to contact a DMV hearing attorney right away. It may be possible to fight that mandatory suspension by requesting a DMV hearing.
If you have questions about DWIs in general or want to know more about possible consequences of refusing to take a breath test, 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.
The national opioid crisis has sparked a sharp debate on the best solutions. In North Carolina many of us are talking about the far reaching consequences of receiving a drug conviction.
As we approach mid-semester, Wake County college students may not be aware of the fact that on top of a myriad of negative aspects, their student financial aid could be in jeopardy which for many could mean they can no longer afford to go to college.
If you have questions about drug related convictions, or have recently been charged with using or possessing drugs, contact the Law Offices of Wiley Nickel. The attorneys may be able to enroll you in a first time offender program to earn a dismissal if you have a clean record. 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.
With the holidays coming up, there are bound to be people who engage in shoplifting. Most stores now have some kind of security system, which includes cameras, and Loss Prevention Officers that will monitor the stores.
Shoplifting is a charge that requires the State to prove that you willfully concealed the goods or merchandise of a store without permission, and without purchasing the good or merchandise while still on the premises of the store.
Larceny is a similar charge that you may be charged with if you take property from a store. The state has to prove that you took personal property in the possession of another and carried it away without that person's permission with the intent to permanently keep the possession even though you knew you were not entitled to it. For purposes of a larceny charge, a store will be treated like a person.
If you have questions about shoplifting/larceny, or have recently been charged with one of these offenses, contact the Law Offices of Wiley Nickel. The attorneys may be able to enroll you in a first time offender program to earn a dismissal if you have never committed an offense before. 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.
Craft beers have become increasingly popular, and have spread all throughout the triangle. While these breweries have helped to establish a new aspect of local culture, craft beers are often brewed with higher ABV (alcohol by volume). Many craft beers range from 5-10% ABV, but some craft beers can have ABV well over 10-20%.
To understand how strong this alcoholic beverage is, compare that to a Budweiser Select, which has 2.5% ABV. This means that one craft beer can have the same amount of alcohol as 3 or 4 cans of a regular beer. While these craft beers can be enjoyable, and you are certainly allowed to drink if you are of age, there is a distinct risk that you can be pulled over for a DWI if you have had only one craft beer and decide to drive.
If you have any questions about DWIs or have received a citation for DWI, call the Law Offices of Wiley Nickel at 919-585-1486. You may also email the attorneys directly by emailing Kristi Haddock and Wiley Nickel at Kristi@wileynickel.com and email@example.com, respectively.
Picking a lawyer to represent your interests is an incredibly important decision. A lawyer who is inattentive, or overwhelmed by other matters will not be able to represent you or your interests in a way that best helps you. On the other hand, a lawyer that is organized, knows what you want, and does everything they can to help you get to your goal is an invaluable resource.
One thing you should do before picking a lawyer is to do some research. Nearly all firms and solo practitioners have some kind of presence online, either through a website or some other method. You will be able to see what areas that lawyer practices in, and you may also learn about awards or distinctions that the firm or individual lawyer has earned. You will also be able to see if that lawyer will charge you for an initial consultation, and many firms waive an initial fee.
If you are in need of an attorney in the Raleigh and Cary area, consider the Law Offices of Wiley Nickel, PLLC. The attorneys working at this firm are diligent, and will do their best to help represent your interests, in whatever capacity they can. There is no initial fee for a consultation, and you may call to schedule an appointment by calling 919-585-1486. You may also email the attorneys directly, by contacting Kristi Haddock at firstname.lastname@example.org or Wiley Nickel at email@example.com.
This is a term that gets used quite often in the legal field, and it is a unique and vital component of filing a lawsuit. A Statute of Limitations is designed so that potential plaintiffs, or the State in criminal actions, must file their case within a reasonable amount of time. If the plaintiff does not file a suit within that period of time, they can no longer bring a suit. The Statute of Limitations for a particular charge or offense is defined by statute, made by the North Carolina General Assembly.
For example, for a crime of larceny, a hit-and-run or another misdemeanor, the Statute of Limitations is two years to properly bring charges. This does not mean that the trial itself would need to occur within the two years, only that the charge must be filed within that time. More serious charges, lie homicide or rape, have no statute of limitations.
If you have a question regarding the Statute of Limitations for a particular charge, or need to discuss you case with an attorney, contact the Law Offices of Wiley Nickel, PLLC at 919-585-1486. You may also email the attorneys at Wiley Nickel directly, by contacting Kristi Haddock at Kristi@wileynickel.com or Wiley Nickel at firstname.lastname@example.org.
If you have been convicted of a DWI in North Carolina, you may be required to get Interlock installed in your vehicle before you are allowed to drive again. Interlock is a device that requires the user to blow into a tube, and the car will not start unless the device registers no alcohol on the user’s breath. Interlock devices can be very temperamental, so it is important to understand the best practices to avoid false positives.
If you have recently been arrested for a DWI in Wake County, you need to know your rights and how to best handle your case so you can still drive for work. In some cases, you will not need to have Interlock installed to have a limited driving privilege. As of now, Interlock is required if you are convicted with a blood alcohol content (BAC) of .15 or greater, or have been convicted of a second DWI offense in North Carolina. The State of North Carolina has the burden to prove that you were driving while intoxicated beyond the legal limit. Having an experienced attorney on your side may help you fight against any charges and receive the best outcome for your case.
Email us at email@example.com for a free consultation about your DWI case. You may also contact The Law Offices of Wiley Nickel at (919) 585-1486 to talk to an attorney about how we can help you with your DWI case in Wake County.
With the school semester being back in full swing, there are a lot more drivers out on the road. Because of this, police are out in the community and more active in issuing citations. Earlier this month, Cary police officers issued more than 50 tickets in two days for speeding in school zones.
Speeding tickets can have a substantial effect on car insurance, and can also add points onto your Driver's License. In North Carolina, you may be able to get a Prayer for Judgement Continued or an Improper Equipment Reduction. These two avenues can avoid any points on your license, or an increase in your insurance.
If you have questions regarding speeding tickets, or have recently received a speeding ticket that you wish to fight, call the Law Offices of Wiley Nickel, located in Cary, NC. You may call the offices at 919-585-1486. You may also email the attorneys directly at Kristi@wileynickel.com or firstname.lastname@example.org.
A DWI has many consequences including the immediate suspension of your drivers license for 30 days following the date of offense. However, after 10 days an attorney may help you get a pre-trial limited driving privilege to get you back on the road for work and for household needs.
An attorney will help you analyze your case and make the decision of plea versus trial. While a plea is very quick and avoids the necessity of having a full trial, the plea will show up on your permanent record. A DWI conviction is part of your permanent record and may no longer be expunged under North Carolina law. There are different ways of approaching a particular case, and a lawyer can help you make the best decision based on your circumstances.
To be convicted of Driving While Impaired, the prosecution must prove every element of their case. If they fail to prove one element, the entire charge will fail. You are always innocent until proven guilty, meaning the prosecution bears the burden of proof.
The attorneys at The Law Offices of Wiley Nickel have experience representing clients with DWI charges, and will work diligently to get the best possible outcome for you. If you have any questions about DWI charges, call the Law Offices of Wiley Nickel for a free consultation at 919-585-1486. You can also email Kristi Haddock at Kristi@wileynickel.com or Wiley Nickel at email@example.com.
Many people who have been convicted of non-violent crimes, done their time and showed that they can stay out of trouble with the law will soon have an easier and shorter path to getting their criminal record cleared from public view.
Gov. Roy Cooper signed a law on Friday that standardizes the process for some people to have their criminal records “expunged.” Expungement means that the record of an arrest or criminal conviction essentially disappears from public view. It makes it easier for people applying for jobs, rental housing or applying to college or grad school.
“Criminal justice shouldn’t end at incarceration. It should end at restoration,” Cooper said. “We want North Carolinians who have corrected their mistakes to go on to live purposeful, productive lives.”
The new law takes effect on Dec. 1st 2017. It reduces the waiting time for expungement for a first-time non-violent felony to 10 years from 15. It lessens the wait to five years for a nonviolent misdemeanor and eliminates a restriction on someone obtaining multiple expungements if prior charges were dismissed or the person was found not guilty in court.
The most common traffic violations our firm handles are speeding tickets. Our clients sometimes worry that a speeding ticket on their driving record will negatively affect them on their criminal record. This is not true. In North Carolina you are unable to expunge tickets from your driving record, however, a simple ticket under 20mph over the speed limit is not something to be afraid to have on your record. There are a few ways that an attorney can resolve your ticket to keep your ticket from affecting you. Our clients are almost always most interested in keeping points off of their license and insurance policy and our office can explain and offer the best outcomes for your unique situation.
As far as speeding is concerned, any driving that is performed above the posted speed limit can result in a speeding ticket being issued. Most of these tickets are infractions. However, it is a Class 3 Misdemeanor to operate a motor vehicle either greater than 15 above the speed limit or greater than 80 miles per hour. You need an attorney to help you through this process and keep points off your insurance and/or your driver’s license.
A conviction for a speeding ticket can affect both your insurance and your license. If you want to obtain the best result possible then give us a call today. We practice in Wake County, where in the last 6 months it is possible to have certain moving violations reduced to the non-moving violation of “improper equipment.” Every situation is unique, in order for us to give you personalized information on your specific case, please call The Law Offices of Wiley Nickel at (919) 585-1486 for a free consultation.
The North Carolina Controlled Substances Act dictates which drugs are considered controlled substances in North Carolina. Under this list, any substance that has “a high potential for abuse, no currently accepted medical use in the United States, or a lack of accepted safety for use in treatment under medical supervision” is included. This means that possessing recreational drugs and prescription drugs used for non-medical purposes punishable in North Carolina.
This list includes marijuana, codeine, heroin, and oxycodone. Under NCGS 90-96, it is prohibited to possess, manufacture, create, sell, or deliver any controlled substance. If you have been charged with possessing a controlled substance in Wake County, contact The Law Offices of Wiley Nickel at (919) 585-1486 for a free consultation.
If this is your first offense, you may be eligible for the 90-96 program, which allows you to have the charged dismissed after completing court-mandated classes. You may also be eligible to have the charges expunged after dismissal.
If this is not your first offense, contact Attorney Wiley Nickel or Attorney Kristi Haddock to discuss what your options are in Wake County at firstname.lastname@example.org or email@example.com.
Alcohol does not necessarily need to be involved to be charged and convicted with a DWI in North Carolina. Based on NCGS 20-138.1, “a person commits the offense of impaired driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this State . . . while under the influence of an impairing substance.”
An impairing substance can be alcohol or a controlled substances, including illegal and legal drugs. Essentially, any drug that impairs one’s ability to drive can be considered an impairing substance.
These substances may not necessarily register on a breathalyzer, but North Carolina officers can still arrest you if they suspect that you are under the influence of an impairing substance. Instead of requiring a breath sample, the officer may request a blood sample. If you refuse to give one, the officer may apply for a warrant to take blood. In some situations, blood may even be taken without a warrant if the officer can prove exigent circumstances existed.
If you have been charged with a DWI in Wake County, contact The Law Offices of Wiley Nickel in Cary, NC, for a free consultation. Our office is conveniently located off of the Harrison Ave. exit of I-40 on Weston Parkway. We serve all areas of Wake County, including Raleigh, Cary, Apex, and Wake Forest. Call us at (919) 585-1486 for more information about how we can help you with your DWI case.
Old traffic tickets can prohibit you from getting a Wake County concealed handgun permit. If you have an unpaid traffic citation or did not show up to court for an old speeding ticket your application will not be approved until it is resolved. If you have an old criminal case or an unserved warrant that can also block you from getting a permit. Many people might not realize that they have an unpaid ticket or had missed court for something as minor as an expired registration or bad tags ticket in Wake County, North Carolina.
If you received an email from Permitium, LLC it’s likely a legitimate email and there is something that needs to be resolved before your handgun application can proceed in Wake County. Until the issue is resolved your application will not move forward. These letters and emails are sent by the Wake County Sheriff’s Office, Records and Permits Division as part of some sort of agreement with Permitium, LLC.
Call The Law Offices of Wiley Nickel, PLLC to help you clean up your record and deal with old traffic or criminal cases so you can proceed with a concealed handgun permit application. We handle old traffic and old criminal cases in the Raleigh, NC area. Our office is located in Cary, NC at 2401 Weston Parkway. You can reach us at 919-585-1486 for a free consultation.