How do I get my case dismissed?

Raleigh Law Firm

How do I get my case dismissed in Wake County?

The first question for many people looking for a Raleigh criminal defense lawyer is “How do I get my case dismissed?” The goal for most people who enter the Wake County courthouse for the first time is (1) a dismissal and (2) an expungement of all public records.

Our first question for potential clients revolves around guilt or innocence. We are an aggressive criminal defense law firm and exercise all legal options for our clients. When your future and reputation are at stake, an experienced Raleigh Attorney makes your rights a priority. We will walk you through your legal options and talk about how a trial will work. In cases where the evidence is on our side the Wake County District Attorney’s Office can agree to dismiss a case ahead of trail.

In other cases there are different deals that involve a dismissal in exchange for doing something. In some cases it could mean a deal for community service for a dismissal. In other cases it could mean doing alcohol/drug classes as part of a deal for a dismissal. Those first offender deals usually range from 6-12 months and involve a dismissal and then an expungement for our clients when they stay out of trouble, pay the costs and do the required action.

The law now allows for unlimited dismissal and not guilty expungements for most people in North Carolina. So if the case results in a dismissal or a not guilty verdict then it’s likely that an expungement is an immediate option. The only real prohibition against dismissal and not guilty expungements involves clients who have active criminal cases or a prior felony conviction. So if you don’t have a felony conviction on your record or an active criminal case you’re likely eligible for an expungement of the charges as soon as the case is dismissed. The first step in figuring out how you may be able to get your case dismissed involves calling a Raleigh Defense Attorney today.

Call 1 (919) 585-1486 to make an appointment to speak with our Raleigh Criminal Defense Law Firm, or stop by the office during regular business hours.  We will schedule an appointment at any time based on your schedule and offer free initial consultations.

We serve Wake County, North Carolina including Raleigh, Cary, Morrisville, Apex, Garner, Fuquay Varina and other surrounding cities in the Research Triangle.  We you need an aggressive Raleigh Defense Attorney call The Law Offices of Wiley Nickel, PLLC.

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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.

Cary Criminal Defense Attorney

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Cary Criminal Defense Attorney – Free Case Review

If you have been charged with a crime, you need the peace of mind that your Cary criminal defense attorney has what it takes to preserve your freedom.

Wiley Nickel is a trusted veteran of the Wake County Courts, with the experience that matters in fighting for the rights of the accused.

Mr. Nickel is known for his thorough attention to detail and the skillful defenses he brings to the Courtroom. As he builds and defends a case, Mr. Nickel and his staff proactively work to keep their clients apprised of their rights and options, helping to put their minds at ease during this anxious time.

Nobody ever plans on winding up in a courtroom. It can be frightening to find yourself facing criminal charges, and it can be disruptive to your day-to-day life. However, when you work with Cary criminal defense attorney Wiley Nickel, you gain the benefit of an attorney you know will protect your future rights and freedoms.

Wiley Nickel earned his Juris Doctorate from Pepperdine University School of Law in 2005.  Mr. Nickel has handled thousands of cases: Everything from misdemeanor drug crimes to DWI trials.

It’s your criminal defense attorney’s job to put his expertise to work for you, and Mr. Nickel has earned a reputation as an aggressive, skilled and talented attorney. In fact, he has been recognized numerous times as one of the top defense attorneys in Cary.

This Practice Does Not Discriminate

Being accused of a crime is stressful, and it can trickle into your personal and professional life. Acquaintances can distance themselves, and the accusations against you can lead to professional consequences. The Law Offices of Wiley Nickel, PLLC does not discriminate. Mr. Nickel defends both misdemeanor and felony charges, including charges like:

DWI (Driving While Intoxicated)

Domestic Violence

Assault on a Female

Larceny/Theft Crimes

Shoplifting

DWLR

Drug Crimes

Marijuana Possession

Speeding Tickets

Expungements

 Contact The Law Offices of Wiley Nickel today for a Free Consultation

The scope of Mr. Nickel’s practice encompasses all ranges of crimes prosecuted by the State of North Carolina. He is also skilled at defending crimes like embezzlement, felony larceny and felony assault.

No matter what your background, circumstances or situation might be, Mr. Nickel and Cary defense attorneys Kristi Haddock and Melissa Botiglione are prepared to defend your case. At the Law Offices of Wiley Nickel, PLLC, you will find a welcoming staff ready to assist you. Our office is located in Cary, NC.  You can reach us at 919-585-1486 any time for a free consultation.  The answering service will always answer the phone and contact us if time is of the essence for a quick response after hours or on the weekend.

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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 a North Carolina Expungement?

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What is an Expungement in North Carolina?

A North Carolina criminal expungement is a legal process that petitions the Court to remove a criminal conviction or a criminal charge from a person’s record and to destroy the state’s records of the arrest, charge, and/or conviction. A person who has had an expunction granted generally cannot be found guilty of perjury if he or she denies that the arrest, charge, or conviction ever happened.

What is the difference between an “expunction” and “expungement”?

“Expunction” and “expungement” mean the same thing. North Carolina’s expunction statutes use both terms interchangeably.  People also talk about sealing a record and the effect is the same for North Carolina expungement purposes.  . If you are granted an expungement, a court order will be entered ordering law enforcement to erase or destroy your criminal record. Specifically, North Carolina’s law makes it clear that the purpose of an expungement is to clear your public record of any arrest, criminal charge, or criminal conviction.

Who is eligible for an expunction?

There are numerous expunction statutes in North Carolina. Some allow the expunction of only specific types of offenses, like drug possession. Other statutes allow expunction of a broader range of offenses but for a smaller group of people, like persons who were under 18 or 21 at the time of the offense. Still others depend on how the charge ended; for example, there are statutes that address expunction of convictions and statutes that address expunction of charges that were dismissed or for which the defendant was found not guilty.  The dismissal or “nut guilty” expungement petitions are far and away the most common type of expungement in North Carolina.  Many people are eligible for expungements for their dismissed cases and do not know it. Contact The Law Offices of Wiley Nickel for a free consultation with specific eligibility questions.

Who Qualifies for an Expungement in North Carolina?

While you now have an idea of what an expungement is and how it may benefit you, let’s look at who qualifies for an expungement. While people often think that having an arrest, criminal charge, or criminal conviction expunged is an absolute right, the truth is that criminal records eligible for expungement in North Carolina are more common for dismissals and less common for convictions. In fact, to be eligible for an expunction you must meet the requirements listed under the statute applicable to your scenario.

 

Common Terms:

Background check – a procedure now almost universally in place wherein employers, schools, and landlords check for criminal history for applicants. Since about 1990 almost all criminal convictions are available electronically and are very easily discovered in a background check.

Cleaning a Record – another term used interchangeably with expungement or clearing a record, meaning essentially the same thing.

Court Appearance – some counties require expungements to occur in open court where there is an appearance by the attorney and the prosecutor in front of the judge. In the vast majority of the cases we handle the client never needs to appear in court.

Court Order - the document showing that an expungement has been completed.  All of our clients receive official court documentation with a raised seal proving that the expungement has occurred.

Criminal Record – court and governmental databases maintain records of criminal offenses. These records are maintained pretty much indefinitely and until an expungement occurs, a record check will continue to return a criminal conviction for decades unless the charge is erased through the expungement process.  In addition to fines, probation, and jail time, a criminal record can often be a barrier to things such as gainful employment, affordable housing, professional licensing, voting rights, welfare benefits, student loans, jury duty, and immigration status.

Diversion - this is a procedure for first offenders in drug cases and other cases to have criminal proceedings suspended, be sent to a counseling or training program, and after a period of time having the case dismissed without conviction. This is an excellent program, but unfortunately the record of the charge is still public and must be expunged in order to remove it from the view of the public and potential employers.

Eligibility for Expungement – Not everyone is eligible for an expungement of their criminal record. The law is complex and we are happy to provide a free telephone consultation to determine your eligibility; on-line eligibility quizzes have inherent shortcomings.

Eligible for Expungement – when a person is able to petition the court for expungement of their criminal convictions and also public records of a dismissal or not guilty verdict

Expungement – a legal proceeding that allows a criminal conviction or dismissed criminal case to be set aside and all public records erased.

Felony - a serious crime punishable by up to life in prison, although probation is often granted for first offenders. Most low level felonies can be expunged for certain eligible offenders.

Expungement Filing Fee or Expungement Court Costs – this is the amount of money the court charges to process an expungement petition; it is usually $175 for both felony and misdemeanor cases.  Some type of expungements do not require an expungement filing fee/court costs and some individuals may be able to petition the courts to avoid their fees.

Fines and Fees-costs associated with a criminal conviction; fines are payable to the court or often to the probation department or other agencies for anger management classes, alcohol education programs, or the like.

Firearms Rights-a person convicted of a felony offense, or a certain number of enumerated misdemeanors in North Carolina, lose their right to possess a firearm. An expungement itself does not reinstate that right, however firearms rights can be reinstated by reduction of the felony to a misdemeanor in certain circumstances.

Governor's Pardon -a procedure where the governor of the state of North Carolina issues an official pardon for an individual convicted of a felony offense.

Infraction -a low level of criminal offense punishable only by a fine.

Legal Assistant – an individual that is not licensed to practice law but fills forms and does other tasks related to the practice of law at the supervision of an attorney.

Misdemeanor -a criminal offense punishable by up to 150 days in jail. Offenses such as larceny, drug possession and similar cases are misdemeanors. Most misdemeanors can be expunged.

On-line Record Check - dozens of Internet sites make available criminal record background checks. Our experience is that most of these sites are highly inaccurate and should not be relied upon. The most accurate way to check one's record is to contact the court directly or hire an attorney to provide a thorough background check.  Our law firm has access to all court records through the AOC and can provide accurate background checks as part of the expungement process.

Probation – a period of time following a criminal conviction were a person is still under the supervision of either the probation department, or the court. There is formal and informal probation, formal probation or supervised probation involves reporting to the probation department, informal probation or unsupervised probation has no reporting requirement.

Probation Violation – (commonly “PV”) when an individual fails to live up to their terms and conditions of probation, such as failure to pay a fine, complete a school, or complete community service.

Reduction - a procedure where a felony charge is reduced to a misdemeanor charge in North Carolina.  One may have been charged with a felony but only pled to a misdemeanor in court.  For many people it is important to get rid of the felony charge in the expungement process.

Sealing Arrest Records - if you are arrested and not charged, or the case was dismissed, you may be able to seal records of that arrest through the expungement process.

Sex Registration - persons convicted of certain offenses related to sexual conduct are required to register with the local police agency.

Class 3 Misdemeanors in North Carolina - You could be sentenced to 1 to 30 days of active, intermediate, or community punishment. The maximum penalty would be 30 days in jail and a $200 fine.

Class 2 Misdemeanors in North Carolina - The sentence for a Class 2 misdemeanor is 1 to 60 days of active, intermediate, or community punishment, with the maximum penalty being 60 days in jail and a fine of $1,000.

Class 1 Misdemeanors in North Carolina- The sentencing range is 1 to 120 days of active, intermediate, or community punishment. The maximum jail time you could face would be 120 days. There is no maximum fine that could be assessed. This is completely in the judge’s discretion.

Class A1 Misdemeanors in North Carolina - You could be sentenced to 1 to 150 days of active, intermediate, or community punishment, with a maximum jail sentence of 150 days. Like with a Class 1 misdemeanor, the judge would have complete discretion on the amount of the fine you could have to pay.

Active Punishment - Active punishment involves a jail sentence that you would serve in a local jail or other confinement facility.

Intermediate Punishment - You could face an intermediate punishment if the judge sentences you to supervised probation. Terms of your probation could include house arrest with electronic monitoring, drug treatment court, satellite based monitoring, and some small periods of time in a jail or other confinement facility.

Community Punishment - Community punishment does not include jail time. You would most likely face a fine, possible probation, or community service.

If you were charged or convicted of a crime in North Carolina contact North Carolina Expungement Lawyers Wiley Nickel & Melissa Botiglione at 919-585-1486 for a free consultation. Our office is located in Cary and we cover most of the entire state of North Carolina for expungements.

Drug Possession Lawyer in Raleigh NC

Raleigh Drug Crimes Lawyer

Drug Possession Lawyer in Raleigh North Carolina

Not every criminal defense attorney is an experienced drug defense lawyer. If you or a loved one needs a criminal defense lawyer, we are here to help with legal representation. It doesn't matter if it’s a felony or misdemeanor. Drug possession charges in North Carolina are serious charges and require careful consideration. The goal for most clients is a dismissal and then an expungement to clear your reputation.

Possession of drugs like cocaine, marijuana, and even prescription medications such as OxyContin, oxycodone, or opioids could result in active prison terms. For many first offenders it’s possible to avoid jail time or in some cases to avoid a conviction by completing a first offenders program.

That's why it makes sense to call a law office and defense lawyers in Raleigh NC who have courtroom experience. There is just too much at stake not to carefully consider your legal options when asking, "How can a criminal defense lawyer help?"

North Carolina Drug Laws

To see the list of potential North Carolina drug laws, in the order of least severe to most severe (for potential jail time and North Carolina drug penalties), these are the names of those drug crimes:

Simple Possession of Marijuana - less than ½ ounce

Misdemeanor Possession of Marijuana - more than ½ ounce

Misdemeanor Possession of Drug Paraphernalia - Marijuana

Felony Possession of Marijuana - 1.5 ounce to 10 pounds

Felony Possession of Marijuana with Intent to Sell or Distribute

Felony Sale or Delivery of Marijuana

Felony Cultivation of Marijuana

Trafficking Marijuana

Simple possession of marijuana is one of the more common minor drug charges in North Carolina. It is a misdemeanor drug offense and for many it’s a fine only offense.  The real danger for minor drug charges is a conviction that can follow you around and close doors for possible jobs in the future.

It is important to note that alcohol is also a drug, and there are a lot of possession of alcohol offenses in North Carolina. There are other criminal offenses in North Carolina for underage possession of alcohol, sale of alcohol to underage persons, and purchase of alcohol by underage persons (18B-302).

The alcohol laws in North Carolina also prohibit things like:

Giving alcoholic beverages to minors

The purchase, attempt to purchase, or possession of malt beverages or unfortified wine

Purchasing, attempting to purchase, or possession of fortified wine, spirituous liquor, or mixed beverages

Aiding and abetting underage persons

Fraudulent use of identification or fake ID

Allowing use of false identification

If you are charged with possession of drugs or alcohol contact The Law Offices of Wiley Nickel, PLLC for a free consultation.  We can be reached 24/7 at 919-585-1486 and offer free consultations for drug charges.  We will also talk with you about possible options for an expungement.  Our office is located in Cary, NC and we handle Wake County criminal defense matters.

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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.

Criminal Diversion Programs in North Carolina – Know Your Options - Raleigh Defense Lawyer

nc criminal diversion program lawyer

Criminal Diversion Programs in North Carolina

A criminal record is life-changing, and can compromise housing applications, gainful employment prospects, college admissions, and student loans, among other things. These difficulties impair convicted offenders’ abilities to become productive members of society and certainly make it harder to find a job.

Are you eligible for a criminal deferral program?

Enter criminal diversion programs. These valuable programs, usually geared towards first-time offenders, rehabilitate defendants, allowing them avoid a conviction upon successful completion of the program.

Adult Diversion Programs

There are a number of adult diversion programs available in North Carolina for minor or first-time offenses. Most programs are geared towards drug and alcohol offenses, but informal programs are available for other types of minor offenses as well.

Conditional Discharge 90/96 Program

North Carolina G.S. 90-96 allows for a dismissal of drug cases for defendants charged of certain first-time drug offenses, including possession of controlled substances or paraphernalia. To quality for this program, defendants must not have any prior drug convictions or other felony convictions.

Under this program, defendants are sometimes required to perform community service, pay court costs and fines, and complete a drug abuse assessment program and the required drug classes. If defendants complete these requirements within the approved time period and stay out of trouble the case will be dismissed.

Felony Drug Diversion Program

Defendants facing first-time felony drug charges may be eligible to participate in the felony drug diversion program. This program is much more extensive, and lasts a full year.

Defendants are required to sign an admission of guilt, submit to random drug tests, complete 225 hours of community service, meet monthly with a case manager, remain in school or employed, and avoid criminal convictions of any kind. Upon successful completion, the case will be dismissed.

Informal First Offender Programs

An informal first-time offender program may be an option for other first-time low-level offenses such as shoplifting. In this case, your defense attorney would make a deal with the Assistant District Attorney managing your case. These programs vary on a case-by-case basis, but often include restitution, community service, court fees, and potentially counseling. In Wake County these diversion programs usually involve 75 hours of community service.

Teen Court

In Wake County there is an option for some to do teen court to complete community service and participate in mock court sessions with other youthful offenders.

Expungement

For many the goal is an expungement to clear all of your criminal records once the case is dismissed.  We can talk to you about your eligibility for a North Carolina expungement when/if the case is dismissed.

Contact a North Carolina Diversion Lawyer

If you are charged with a crime in Wake County, North Carolina you can contact The Law Offices of Wiley Nickel for a free consultation.  You may be able to enter into a deal that would lead to a dismissal of your case.  You can reach a Raleigh Defense Lawyer at 919-585-1486 to talk about your possible options for a dismissal deal and then an expungement.

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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.

Raleigh Domestic Violence Attorneys

Raleigh Domestic Violence Attorneys

Wake County Domestic Violence Attorneys

Raleigh domestic violence lawyer Wiley Nickel advises and represents people facing criminal charges for domestic violence often described as spousal abuse, spousal battery or domestic dispute, such charges do not always reflect a case between married people but include those living in the same location (cohabitation), or sometimes just engaged in a dating relationship.  Such cases can also lead to violation of a domestic violence protective order or DVPO.

Domestic Violence Attorney Raleigh

Domestic Violence Attorneys Raleigh

As a former prosecutor, Raleigh domestic violence attorney Wiley Nickel offers a comprehensive understanding of the criminal justice system. He understands the right steps to take in developing an aggressive defense strategy focused on securing a dismissal or minimizing any potential penalties associated with a conviction.

Domestic Violence Attorneys Raleigh

Raleigh Domestic Violence Lawyer

Domestic Violence cases have become extremely political and are regularly treated as “guilty until proven innocent.”   Even with minor cases, that do not involve a documented injury, proactive and rapid action by a caring defense attorney may be the key to not only avoiding a damaging no contact order, but may play a significant role in custody issues and an eventual resolution in the case that does not result in the loss of firearms, tragic orders separating you from your family and other consequences that can interfere with work, school and life.

Speak to a Raleigh Domestic Violence Lawyer Today!

For a free initial consultation about your legal options for resolving a misdemeanor or felony domestic violence assault charge, contact Attorney Wiley Nickel in Cary today. Contact us online or call 919-585-1486 for your free case evaluation with our Raleigh domestic violence attorneys.

Wiley Nickel – Domestic Violence Attorney Raleigh

At the Law Offices of Wiley Nickel, we are committed to helping you achieve a resolution to your immediate problems, while seeking opportunities to improve the troubled family dynamics that might underlie it.

Domestic Violence Attorney Raleigh

In domestic violence cases, the district attorney and the judge will be especially interested in what you’re willing to do to improve relationships, conflict resolution skills, and anger management. Your demonstration toward positive change will often make the difference in a good or bad outcome for your case.

We work closely with people charged with domestic assault, assault and battery or assault on a female to obtain a dismissal, diversion to counseling/anger management or some other type of deal that ultimately leads to a dismissal. – Domestic Violence Attorneys Raleigh

Defense Against Domestic Violence Charges Raleigh

Our creative approach to difficult criminal defense problems can help you avoid the consequences of a conviction in situations such as the following:

Family violence or assault between spouses, unmarried parents, or cohabiting couples

Elder abuse

Child abuse, cruelty to a child, or child endangerment

Restraining order violations

Criminal threats

Assault on a Female

Harassment or stalking

Our ability to connect you with the programs and services that are right for your circumstances can give you an extra layer of legal protection. At the same time, we work hard to help you get the most out of the presumption of innocence that stands between you and a conviction. If you are looking for Domestic Violence Attorneys in Raleigh please Click Here.

Contact Us

We also keep in mind the additional risks that licensed professionals, immigrants and university students might face when they’re charged with domestic violence offenses in North Carolina. We handle Domestic Violence and Assault cases in Wake County North Carolina. To learn more about our ability to protect your interests, contact the Law Offices of Wiley Nickel, PLLC in Cary; Contact us online or call 919-585-1486 for a free consultation 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.

A DWI Charge Does Not Mean You’re Guilty. When Your Future Is At Stake An Experience DWI Attorney Makes Your Rights A Priority

Raleigh DWI Lawyer

Driving while impaired (DWI) is the official criminal charge for people accused of driving under the influence (DUI) in Wake County North Carolina. Regardless of its name, a DWI is a serious offense that could ruin your career and your personal life.  North Carolina laws do not allow for expungement of DWI convictions so a conviction cannot be removed from your record. With penalties including steep fines, the loss of your driver’s license, massive insurance hikes, long periods of probation, and even the possibility of time behind bars, the mistake people usually make when facing a DWI in North Carolina is taking the situation too lightly or casually accepting a guilty plea without consulting an experienced DWI attorney about the North Carolina DWI/criminal justice process.

You may believe that it’s in your best interest to cooperate with the Wake County District Attorney’s Office because you may think you’re guilty just by being charged, but the truth is that you need to look out for yourself. By working with a highly-skilled Raleigh DWI lawyer, you can ensure your case is appropriately handled and you get the best possible outcome for your Raleigh DWI. This could mean a complete dismissal of the charge, an acquittal, or reducing the offense to something more consistent with the facts.

At The Law Offices of Wiley Nickel, PLLC, our criminal defense lawyers realize that dealing with a DWI is frightening and extremely stressful, but you don’t need to go through it alone. Our DWI attorneys have assisted countless individuals when DWI charges put their futures at risk. We know what it takes to fight back and to win.

To learn more about how our Raleigh DWI lawyers can help with your DWI case, call us right away at (919) 585-1486 or contact us through our online form to schedule a free and confidential consultation.  Our office is located in Cary, NC and we’re available to talk during the weekend and after hours.  The answering service can always reach one of our three DWI lawyers at the law firm.

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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.

North Carolina will "Raise the Age" on December 1, 2019

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“Raise the Age” finally goes into effect next December!

North Carolina law will finally treat 16 and 17 year olds as juveniles for criminal purposes on December 1, 2019.  We are currently the ONLY state in the country to treat 16 and 17 year olds as adults for criminal purposes.  As a result, most 16 and 17-year-olds will be prosecuted in juvenile court beginning December 1, 2019. There are, however, some exceptions. Here’s what you should know about these big new Raise the Age changes to our law.

The Juvenile Age Will Increase

A “delinquent juvenile,” as defined by G.S. 7B-1501(7), will include 16 and 17-year-olds who commit crimes or infractions but that excludes violations of the motor vehicle laws. Some 16 and 17-year-olds will continue to be prosecuted in adult court for traffic offenses. Also, once a juvenile has been convicted of any offense in either district or superior court, including a violation of the motor vehicle laws, the juvenile will be prosecuted as an adult for all of his/her later offenses. So any 16 and 17 year olds who already have an adult conviction when “Raise the Age” becomes law in December 2019 will not be included.  Minor traffic tickets should not qualify but the law is currently unclear on this.  I expect the law to be amended to make that clear by December 2019.

Maximum Age of Juvenile Court Jurisdiction

The juvenile court’s jurisdiction will continue until age 19 for offenses committed by 16-year-olds, and to age 20 for offenses committed by 17-year-olds.

Relief for 16 and 17 year old children in North Carolina

This is a very important change to our law. Now 16 and 17 year olds will join those in all other 49 states and have any minor charges dealt with outside of the view of the public in juvenile court. This will help teenagers avoid a public record for committing a small misdemeanor charge.  In terms of college applications it will help juveniles become more competitive with other states where there are no public records for juvenile offenses.

Contact a Wake County Juvenile Criminal Defense Lawyer Today

If you are 14, 15, 16 or 17 and are charged with an adult crime or a juvenile crime contact us today. We handle juvenile cases as well as adult cases. When the law changes we will defend juveniles in the juvenile court system for any cases with 16 and 17 year olds charged with a crime. We are also hopeful that North Carolina prosecutors will take the coming change of law into effect when dealing with current cases for 16 and 17 year old juveniles between now and December 1, 2019.  If you are 16 or 17 and are charged with a crime contact The Law Offices of Wiley Nickel 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.

North Carolina Expungement Lawyer Explains the Process to Clear a Criminal Record

Are you eligible for a North Carolina Expungement?

Your case is over but your record remains visible for all to see! If your case was dismissed (or you have certain convictions), you can protect your reputation and rebuild your life through the process of Expunging your North Carolina criminal record (also called Expunction).  Even if your case was dismissed a record still remains that is visible to future employers, current employers, customers, landlords, colleges, insurers and anyone else who might do a check on your record.

If you worked with your attorney to negotiate a dismissal of your criminal charge or are found not guilty at trial your criminal arrest record will still remain.  Even if you get a voluntary dismissal the original criminal charge will always be on your record.  If your record is expunged then all searches of your record will show a clean criminal record and a clean public arrest record.

A new law change allows for certain misdemeanor convictions to be expunged after 5 years and certain felony convictions to be erased through the expungement process after 10 years have passed.

Call The Law Offices of Wiley Nickel, PLLC for a free consultation at 919-585-1486 to see if you are eligible for a North Carolina Expungement. Contact Expungement Lawyer Melissa Botiglione at our office in Cary 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.

Assault Charge Lawyer in Raleigh, NC

Wiley Nickel Assault Charge Lawyer Raleigh

In North Carolina assaults are viewed as serious violent crimes. You do not have to physically touch someone to be charged with assault in Raleigh, North Carolina, and even found guilty. If you are facing the possibility of a criminal record for assault or time in prison, you need the best possible Wake County assault charge lawyer on your side who can help to get the best outcome for you.

Even if you were just defending yourself in a brawl, you might have let your anger take over. Whatever the case may be and whatever the situation was, your side of the story must be heard, and everyone deserves fair treatment under the law in North Carolina. An assault charge lawyer in Raleigh, NC will work to defend your rights.

Laws and Penalties Regarding Assault in Raleigh, North Carolina

There are many different classifications and levels of assault in North Carolina. A great deal of the distinction involves who was hurt, how severely they were hurt, and what happened.

Misdemeanor Assault

If an assault occurs that is not considered as one of the more serious types of assault under North Carolina law, it is typically classed as a Class 1 misdemeanor. Such assaults usually include verbal assaults, fights, and minor physical contact.

A Class 1 misdemeanor is punishable by up to 120 days of jail time. If you have a criminal history, and depending on what it is, your assault charge lawyers might be able to have your sentence suspended so that you rather serve time on probation instead of in prison.  There are often deferral deals available where one could do community service or anger management classes as part of a deal for a dismissal.

Felony Assault with a Deadly Weapon

A deadly weapon is usually considered a tool or weapon that has the potential to cause death. This could include a strangulation device, a vehicle, a firearm, and other objects that could cause such harm. Under this offense, there are a number of situations that qualify and each has their own potential sentence and classification.

For an assault in Raleigh, North Carolina that occurred with intent to kill and resulting in seriously bodily injury, you will be charged with a Class C felony. These felonies are punishable by up to 44 – 92 months imprisonment if you are a first-time offender. The sentence may be longer if you have prior convictions.

It must be noted that there are circumstances within your case that could automatically elevate the seriousness of your charge. Aggravating circumstances include assaults done on people such as the elderly, handicapped, and firemen. Furthermore, an assault in Raleigh, N.C. committed at a school, on public transportation, or at a public event might be viewed as more serious.

Domestic Simple Assault in North Carolina

If you have been a victim of domestic violence, it is not unusual for an assault and battery or simple assault to have taken place. There are a variety of layers of assault and battery and they may sometimes occur between people who have, or had, a dating relationship of some type.

Simple Assault

A simple assault is a Class 2 misdemeanor that is punishable by up to 60 days in prison. This kind of assault occurs when someone commits assault on someone else. Interestingly, physical contact does not have to be made for an assault to have taken place.

Assault on a Female

When a female is assaulted, it is considered a Class A1 misdemeanor that is punishable by a sentence of no more than 150 days imprisonment. When it comes to domestic households, this can be a common charge, since often, verbal arguments between people involved in a relationship can result in physical confrontations. For men, in particular, this can be problematic, since the laws afford females additional protection as it relates to being the victim of an assault.

In order to meet the elements of assault on a female, an adult male who is eighteen years or older must have committed battery or assault on a female.

When Should You Contact an Assault Charge Lawyer?

A knowledgeable assault charge lawyer will have ample experience with cases of assault in Raleigh, N.C. An assault charge lawyer understands how to present a case in the best possible way to the prosecutor and judge, and can defend you against your charges, often getting those charges dismissed or reduced before going to trial. If you are facing charges of assault, you need to speak to an assault charge lawyer with the right experience who can protect your rights.

If you have been charged with an assault, it is important not to discuss the situation with anyone other than your assault charge lawyer.

Contact an Assault Charge Lawyer in Raleigh at The Law Offices of Wiley Nickel, PLLC Today

An assault charge lawyer can assist you with your assault charges and ensure that you have the right criminal defense team on your side to fight aggressively for you at trial. It is also important to have an attorney on your side to effectively represent you and who will work tirelessly to defend you against your charges or seek any possible advantages. Our defense lawyers are committed to fighting for the best possible case outcome and protecting your rights throughout the Wake County criminal defense process.  You can reach us at 919-585-1486 for a free consultation.  Our office is located in Cary, NC and we handle assault cases in Wake County, 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.

Do I need a lawyer for a speeding ticket in North Carolina?

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What should I do after I receive a speeding ticket in North Carolina?

Do not pay your speeding ticket without calling an attorney. Contact a Raleigh Speeding Ticket Lawyer for more information. Most local attorneys offer free consultations. Paying your ticket may lead to a suspension of your driving privileges and could cause your insurance to go through the roof.

Can I represent myself in traffic court?

Yes but it’s generally a really bad idea. An experienced attorney will review your DMV record to handle your case in the best way possible. The goal for most clients is a reduction to the non-moving violation on improper equipment and also to receive zero insurance points. If you mishandle your ticket you may find that your license is suspended or you will receive a steep hike in your insurance premiums. Our rates start at $98 and we are generally able to go to court on your behalf.

Does the officer have to prove his/her radar was working properly?

No. The radar simply corroborates the officer’s visual estimate of your rate of speed. No radar reading is required to convict you of speeding. The officer simply needs to state that based on his/her training that your estimated speed was 75 in a 55 to get a conviction. That’s not easy to beat at trial.

Can the District Attorney in Traffic Court Reduce my ticket?

They can dismiss, reduce or amend your ticket to another charge (like Improper Equipment). Then only a judge can give you a PJC. An experience speeding ticket attorney will know what type of reduction or amended charge is best for you.

How much are the court costs and fines for most speeding tickets?

The costs generally range and no two cases are alike. For a reduction to improper equipment you’re probably looking at $263 for Wake County. The in Wake County a speeding ticket would probably have court costs and fines of only $188 or $198. While Improper Equipment is higher in terms of costs it’s much better because it’s a non-moving violation and you don’t have to worry about the possibility of losing your safe driver discount for some carries.

Wake County Speeding Ticket Lawyer/Chatham County Traffic Ticket Attorney

If you received a speeding ticket in Wake County or Chatham County, North Carolina please contact The Law Offices of Wiley Nickel, PLLC for a free consultation. You can reach us at 919-585-1486. 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.

What is the Expungement Process in North Carolina?

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Step #1: Determining Eligibility

Are you eligible for an expungement? There are different rules for dismissed cases and convictions.  For dismissed cases there is now no limit on the amount of dismissed cases and not guilty cases you can get erased through the expungement process (as long as you don’t have a felony conviction or an active criminal case).  For convictions there are certain crimes that are not eligible for expungement and there are different rules for those under 18 at the time of offense, under 22 for certain crimes and then a 5/10 year wait for felony charges (10) and misdemeanors (5).  We generally need to pull court records to confirm whether you are eligible.

Step #2: Filing the Petition

Once we determine whether you are eligible for an expungement, we will file a petition for expunction in the clerk’s office in the county where you were charged.  You may need to sign affidavits and get character witnesses to do the same.  There may or may not be court costs of $175 depending on the type of expungement.

Step #3: Review by the SBI (North Carolina State Bureau of Investigation)

Following an initial signature by a judge or district attorney (if required) the petition is then mailed to the North Carolina State Bureau of Investigation (SBI).  The SBI will conduct a search of the criminal records of North Carolina. Any records discovered will be attached to the petition and mailed to the North Carolina Administrative Office of the Courts (AOC).  After reviewing the petition for any prior expungements by petitioner, the AOC attaches another report of its findings and sends it back to the clerk of court of the county where the petition was originally filed. This part of the process can take several months.

Step #4: Final Judgment by the Court

Once the petition is returned to the courthouse a judge makes a final determination based on the petition and information provided by the SBI and AOC. A this point the judge may sign the order granting the expungement without a formal hearing. However, if there is a question as to the applicant’s eligibility or if the district attorney has an objection, then a formal hearing could be required.  Following that hearing, the court will either grant or deny the expungement petition.

Step #5: Removal of Expunged Records

Upon the granting of the expungement petition, the clerk of court is statutorily required to send notice of the expunction to all of the relevant agencies that have information about your case.  They are then required to eliminate those records from the system after they’ve received notice.

If you have a criminal record (conviction or dismissed case) contact The Law Offices of Wiley Nickel, PLLC to speak with an expungement lawyer during a free consultation.  We can be reached 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.

Improper Equipment Speeding Ticket Lawyer in Raleigh

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Improper Equipment in NC is a lesser-included offense to a traffic ticket in Wake County and Chatham County, North Carolina.

Improper Equipment is a non-moving violation in North Carolina which means no insurance or insurance points will be assessed if you have your speeding ticket reduced down to improper equipment. It is often in the discretion of the district attorney to allow a ticket to be reduced to Improper Equipment in Wake County, North Carolina.

A prosecutor may allow a reduction to Improper Equipment for speeding tickets as certain conditions are met. Often the Assistant District Attorney will examine the driving history and facts of the case before offering a reduction to a traffic ticket. Improper equipment reductions vary county by county and are subject to the approval of the District Attorney.

An experienced traffic ticket attorney may be helpful in dealing with getting you the best deal possible.  They can also likely appear in court on your behalf for most traffic offenses.

The prosecutor has no duty to give everyone the same plea offer because each case varies. An experienced speeding ticket can review your DMV record to make sure your case is handled the right way.

Why are the court costs for improper equipment in NC more than just paying off the speeding ticket traffic violation?

North Carolina assesses a surcharge or fine for improper equipment reductions. The additional surcharge for improper equipment in NC is $50.00. Regardless improper equipment will save you money in the long run even with the additional fine to the State.  In Wake County the court costs and fines for improper equipment are usually $263.

Will my insurance increase if I am found responsible of Improper Equipment in NC?

Improper equipment in NC is a non-moving violation and the conviction carries NO insurance traffic points. However, an improper equipment reduction will show up on a North Carolina driving record.

Will an improper equipment in NC show up on my driving record?

Yes it will show up on your North Carolina driving record. In Wake County you will need to provide your official driving record to be considered.  Providing these documents is a service we provide for our clients.

If you are charged with speeding in Wake County or Chatham County call the Law Offices of Wiley Nickel, PLLC for a free consultation.  Our office is located in Cary, NC and you can reach us 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.

How Do I Remove a Dismissed Case From My Record in North Carolina?

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A big question we often get from clients after getting their case is dismissed is “how will it affect my record?” Will a background check reveal that I was arrested? Will the charges show up when I go to rent property? The short answer is usually yes, the arrest and charges would still appear unless you get an expungement. 

Expungement of Dismissed Cases in NC

Expungement is a way to remove convictions or dismissed cases from your record so that future background checks won’t display any arrests or charges. For North Carolina residents, the possibility of pursuing expungement has recently changed in a good way. North Carolina has recently made it much easier to get dismissed cases removed from your record through the expunction process.

Governor Roy Cooper signed a new expungement law, which took effect on December 1, 2017. This new law cuts down the wait time for non-violent misdemeanor and felony convictions. Misdemeanor conviction wait times have been reduced from 15 years to 5. Felony convictions from 15 years to 10. The new law has also lifted the limit of one expungement when the defendant’s charges were dismissed or they were acquitted. Now if the defendants whose charges are dismissed or who were found “not guilty” can apply for as many expungements as they want (assuming no felony convictions or active criminal cases).

Petitioning for an expungement can seem easy but it has a number of steps and involves a good amount of specific clerical work. The petition must be filed in the county where the charges took place. Also, the expungement process is a lengthy one so properly filling out and filing the paperwork is very important as a small mistake could mean your petition gets denied and you have to start again from scratch (having lost tons of time).

If you have a dismissed case or a not guilty verdict on your record contact The Law Offices of Wiley Nickel, PLLC for a free North Carolina expungement consultation.  Our office is located in Cary, NC and we handle expungements throughout North Carolina. Our phone number is 919-585-1486.  Contact a North Carolina Expungement Lawyer today 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.

NC Expungement Information: Breaking & Entering is not a crime that is eligible for an expungement in North Carolina

Expungement Lawyer Wiley Nickel

Can you have a conviction for Breaking and Entering expunged from your criminal record in North Carolina?

If you were convicted of “Breaking & Entering” in North Carolina and you were 18 or older on the date of offense then North Carolina does not allow for an expungement of your conviction.

The expungement statute is § 15A-145.5.  Expunction of certain misdemeanors and felonies; no age limitation. It lists the specific crimes that are not eligible for an expungement and it rules out convictions for B&E under section (7a)  An offense under G.S. 14-54(a), 14-54(a1), or 14-56.

Not allowed for Expungement under 15A-145.5

  1. § 14-56.  Breaking or entering into or breaking out of railroad cars, motor vehicles, trailers, aircraft, boats, or other watercraft.

  2. § 14-54.  Breaking or entering buildings generally. (a) Any person who breaks or enters any building with intent to commit any felony or larceny therein shall be punished as a Class H felon.

  3. § 14-54.  Breaking or entering buildings generally. (a1) Any person who breaks or enters any building with intent to terrorize or injure an occupant of the building is guilty of a Class H felony.

If you have a conviction for Breaking & Entering and you were under the age of 18 at the time of offense we may be able to help but would need to do a full evaluation to determine eligibility.

If you have questions about your eligibility for a North Carolina expungement you can call The Law Offices of Wiley Nickel, PLLC at 919-585-1486 for a free consultation. We handle most of the counties in North Carolina for legal expunction work. Many people are eligible for expungements of dismissed charges and findings of “not guilty.” Even if your case is dismissed or you were found not guilty a record remains unless you petition the courts for an expungement.

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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.

North Carolina Expungements Lawyer

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Record Expungement: It’s Time for a New Future!

We all make mistakes. We all do things we are ashamed or embarrassed by. But when that mistake results in a criminal record, it can destroy your hopes for the future. In today’s economy, just one criminal conviction can make it hard to find employment or advance in your career. It weighs you down, destroys your hope, or just eats away at you with fear and embarrassment.

Personal, Professional, Expungement Expertise

The Law Offices of Wiley Nickel, PLLC is devoted to helping people move on after a criminal conviction in North Carolina. We think expungements are good for you and good for society.

We are a small client-centered expungement law firm, not a mass-market expungement mill. When we accept your North Carolina expungement case, you can put your mind at ease. We handle every aspect of your expungement, from the very start through the end.

A Reputation for Expungement Success

A successful expungement will improve the rest of your adult life. It’s not something to take lightly or to trust to the lowest bidder. A botched expungement wastes your time and money. If you’re serious about expunging the mistakes of your past, you owe it to yourself to invest in the very best North Carolina expungement law firm you can hire.

We keep our promises, and our expungement fees are honest and straight forward. We stake our reputation on every expungement case we handle.

How long does it take? In most cases, our law firm can file your expungement petition in three to six months. Rest assured, we do everything possible to speed your expungement along, but we never cut corners.

Start Your North Carolina Expungement – Today

With North Carolina expungement experience that matters, we’ve streamlined the process and know how to reduce costs. Our number one concern is getting your expungement finished and making your future the best that it can possibly be.

We start every case by obtaining your official North Carolina criminal record. Mr. Nickel & Ms. Botiglione then personally review your record and create a custom expungement plan to achieve your goals.  A dismissed criminal case still shows up on your record even after the case has been dismissed.  You need to file an expungemenet petition to clear your record of any dismissed cases or not guilty cases.

Call The Law Offices of Wiley Nickel for a free expungement consultation to see if you are eligible for a North Carolina expungement.  We handle expungements throughout North Carolina.  You can reach us at 919-585-1486.  Our office is located in Cary, NC.

When you’re looking for a:

Wake County Expungement Lawyer

Durham County Expungement Lawyer

Orange County Expungement Lawyer

Chatham County Expungement Lawyer

Mecklenburg County Expungement Lawyer

Cumberland County Expungement Lawyer

Guilford County Expungement Lawyer

Forsyth County Expungement Lawyer

Raleigh Expungement Lawyer

Charlotte Expungement Lawyer

Durham Expungement Lawyer

Fayetteville Expungement Lawyer

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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.

Arrested for DWI in Raleigh? Protect Your Rights and Let A DWI Defense Attorney Fight Your Charges

Raleigh DWI Lawyer Wiley Nickel

People get behind the wheel after drinking for many reasons. In some cases, the driver didn’t even realize he or she was impaired, or thought enough time had passed and he or she was safe to drive. Sometimes, a person just makes a bad choice. Regardless of what led to the arrest, facing driving while impaired (DWI) charges in North Carolina is a serious matter, even if it’s your first run in with the law. If you have been charged with drunk driving, however, there may be legal options available to help you minimize the negative consequences and move forward with your life.  We can talk right away for many clients about getting a limited driving privilege.

The lawyers at the Law Offices of Wiley Nickel, PLLC are here to help you. Wiley Nickel, Kristi Haddock and Melissa Botiglione represent individuals charged with a DWI and have helped achieve outcomes that meet their personal and legal goals. Their years of experience makes them uniquely prepared to offer effective guidance and form a plan that will help mitigate your situation. If you are facing a drunk driving charge, call our Wake County office today at (919) 585-1486 to learn more about how we can help you protect your rights and your future.

If You Have Been Arrested for DWI in the Raleigh Area, We Can Help You. 

There are many factors to consider when facing a DWI charge in North Carolina. The legal team at The Law Offices of Wiley Nickel, PLLC understands just how important each of the personal, social, financial, employment and criminal repercussions can be for each of our clients. Whether it’s a misdemeanor or felony case, we will put our experience and knowledge to work for you, seeking the best possible outcome to help you move forward from this frustrating and scary charge. If you or someone you love has been charged with DWI, call our Cary office today at (919) 585-1486 to speak with a Raleigh DWI Defense Attorney about your unique case. If you prefer, take a moment to fill out our online contact form on the right for a prompt response from a member of our legal team.

Whether it's your 1st offense or a repeat offense, let us help you protect your rights and minimize any negative consequences. When you reach out to us, you can expect to get answers to all of your questions and honest legal advice about your specific situation during a free consultation.  Our office is located in Cary, NC and we handle DUI and DWI charges in Wake County, North Carolina.

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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.

General Election on Tuesday November 6th

Election season is upon us. At The Law Offices of Wiley Nickel, PLLC we encourage you to please go out and vote on Tuesday November 6th.

Wake County polling places are open from 6:30AM to 7:30PM on Election Day (Tuesday November 6th).

Hit this link to find your polling place in Wake County, North Carolina.

Vote on Tuesday November 6th
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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.

Welcome the newest member of the North Carolina State Bar!

The Law Offices of Wiley Nickel, PLLC is proud to welcome Melissa Botiglione to the team!

Melissa was just sworn in yesterday and will be a zealous advocate for her clients.

https://wileynickel.com/raleigh-defense-lawyer-blog/2018/9/25/melissa-botiglione-joins-the-the-law-offices-of-wiley-nickel-pllc

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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.

Melissa Botiglione joins the The Law Offices of Wiley Nickel, PLLC

The The Law Offices of Wiley Nickel, PLLC is proud to welcome Associate Attorney Melissa Botiglione to the team!

Melissa is originally from Long Island, New York and spent her childhood in Matthews, North Carolina. She graduated from North Carolina State University with Magna Cum Laude in 2015 with a degree in Political Science and minor in Italian Studies. After graduating from NCSU, Melissa went on to attend law school at Campbell University School of Law where she graduated Magna Cum Laude in 2018.

While at Campbell, Melissa focused her studies in criminal law and actively participated in pro bono service. She served on the Pro Bono Council as the Project Coordinator for the Re-entry project working with legal aid to provide expungement advice and assistance with Legal Aid clients. She also served as President of the Campbell Law Innocence Project, a member of the Death Row Visitation Project, and a member of the Campbell Public Interest Law Student Association. She also participated in the Restorative Justice Clinic, facilitating meetings with juveniles to address the needs of each party to prevent the potentially harmful effects of the criminal justice system. In 2018, Melissa was awarded the Campbell Law School Pro Bono Publico Award for her commitment to pro bono activities by providing nearly 800 hours of pro bono services during her three years at Campbell.

During law school, she interned at numerous different state agencies including the Wake County Public Defender’s Office, The Federal Public Defender for the Eastern District of North Carolina, The North Carolina State Bureau of Investigation and the Wake County District Attorney’s Office. During her internships, Melissa gained valuable District Court experience and knowledge of courtroom procedures.

During her spare time, Melissa enjoys cooking, NC State football and DIY projects. As a new attorney, she hopes to be a zealous advocate for her clients.

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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.