I was charged with a Class 2 Misdemeanor; Will I go to Jail?

Class 2 Misdemeanor NC

Class 2 Misdemeanor NC

Most offenders who are charged with a Class 2 Misdemeanor do not receive any jail time as part of their sentence. In North Carolina, misdemeanors are broken down into four different classes with the lowest class being a Class 3 Misdemeanor and the highest class being a Class A1 Misdemeanor.

Examples of Class 2 Misdemeanors that our office handles include:

  • Carrying Concealed Weapons (first offense)

  • Cyber- Bullying, Defendant under 18

  • Cyberstalking

  • Defrauding Innkeeper

  • Disorderly Conduct

  • Driving after Consuming

  • Failure to Appear on a Misdemeanor

  • Failure to Report an Accident

  • Failure to Yield to Emergency Vehicle

  • False Report to Police

  • Financial Card Fraud

  • First-Degree Trespass

  • Furnishing False Information to Officer

  • Harassing Phone Calls

  • Indecent Exposure

  • Injury to Personal Property, $200 or Less

  • Marine/Wildlife Violations, Second/Subsequent Offense

  • Possession of Schedule V Controlled Substance

  • Racing/Speed Competition

  • Reckless Driving to Endanger

  • Resisting Officers

  • Shoplifting Concealment of Merchandise, Second Offense in 3 years

  • Simple Assault/Assault and Battery/Affray

  • Standing/Sitting/Lying on Highway 

What are the consequences for a Class 2 Misdemeanor?

The consequences for a Class 2 Misdemeanor depend on your record level. If you have one prior criminal conviction, you are considered a record level I. If you have between one and four prior criminal convictions, you are considered a record level II. If you have five or more prior criminal convictions, you are considered a record level III.

Offenders who are a record level I may not be sentenced to any jail time. In fact, generally, first time offenders who are considered record level I for sentencing purposes will also qualify for a dismissal as part of a deferred prosecution. Depending on the type of charge, you may qualify for the First Offender’s program which involves completing 75 hours of community service for a dismissal. Or, you may qualify for the 90/96 program which involves completing substance abuse treatment.

Offenders who are record level II may not be sentenced to jail, but may be sentenced to probation, community service or simply asked to pay a fine.

Offenders who are a record level III may be sentenced to up to 60 days in jail at the judge’s discretion, or may be sentenced to probation, community service or simply asked to pay a fine.

Contact The Law Offices of Wiley Nickel, PLLC

An experienced attorney can best help you avoid a harsh sentence and work with the prosecutor to get a deal on your behalf. At The Law Offices of Wiley Nickel, our first goal is always to seek a dismissal of the charges. If the charges are dismissed, we can then help you get the charge removed from your record through the expungement process. Give attorneys Kristi Haddock, Melissa Botiglione, or Wiley Nickel a call at 919-650-2851 to discuss your options. We offer FREE consultations.

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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 Many Expungements Can I have in North Carolina?

NC Expungement Lawyer Advice

In December of 2017, Governor Roy Cooper signed a new expungement law that allows offenders to have an unlimited dismissed and not guilty charges expunged from their record. However, the bill did not change how many conviction expungements you can have. Most dismissed and not guilty charges will be eligible for an expungement unless you have a felony conviction on your record. Although you can have multiple dismissed and not guilty charges expunged from your record, you cannot have multiple convictions expunged.

Felony Conviction Expungement

Generally, you are allowed to have one non-violent felony conviction expunged from your record. There is usually a 10 year wait period from the date of your conviction or the end of your probation, whichever is later.  You cannot have any other convictions on your record in order to be eligible to have a felony conviction expunged.

Misdemeanor Conviction Expungement

Generally, you are allowed to have one non-violent misdemeanor conviction expunged from your record. There is usually a 5 year wait period from the date of your conviction or the end of your probation, whichever is later. You cannot have any other convictions on your record in order to be eligible to have a misdemeanor conviction expunged.

 List of Misdemeanor Convictions NOT eligible for most people.

The following list are examples of misdemeanor charges that if you are convicted, will NOT be eligible for an expungement from your record:

  • Simple Assault

  • Assault on a Female

  • Child Abuse

  • Violation of a Protective Order

  • Assault with a Deadly Weapon

  • Sexual Battery

  • Stalking

  • Secret Peeping

  • Assault on a Government Official

  • Assault by Pointing a Gun

 List of Felony Convictions NOT eligible for most people.

The following list are examples of felony charges that if you are convicted, will NOT be eligible for an expungement from your record:

  • Identity Theft

  • Felony Child Abuse

  • Breaking or Entering (if over the age of 18)

  • Common Law Robbery

  • Assault with a Deadly Weapon Inflicting Serious Injury

  • Indecent Liberties with a Child

  • Robbery with a Dangerous Weapon

  • Possession of Firearm by Felon

  • Second Degree Arson

  • Manslaughter

Each case is different and there are different rules if you received a conviction as a minor or under the age of 22. If you have questions about getting a charge expunged contact The Law Offices of Wiley Nickel, PLLC at 919-585-1486 for a free consultation. Our North Carolina Expungement Lawyers will answer your questions and let you know if we can expunge your criminal record for you.

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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.

Three Best Rated Ranks The Law Offices of Wiley Nickel among "Top 3 Criminal Defense Lawyers in Cary, NC"

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Best Criminal defense lawyers in Cary

Top 3 Criminal Defense Lawyers in Cary, NC

The Law Offices of Wiley Nickel, PLLC is ranked as one of the Top 3 Criminal Defense Lawyers in Cary, NC.

“We would like to Thank You for providing consistent high quality service in your area of business. Our review team either approved or updated your business listing using our rigorous 50-Point Inspection which includes everything from checking reputation, history, complaints, ratings, satisfaction, nearness, trust, cost and general excellence.”

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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.

Class 1 Misdemeanor NC

Class 1 Misdemeanor NC

Charged with a Class 1 Misdemeanor? Now what?

In North Carolina, misdemeanors are broken down into four different classes with the lowest class being a Class 3 Misdemeanor and the highest class being a Class A1 Misdemeanor.

Examples of Class 1 Misdemeanors that our office handles include but are not limited to:

·         Breaking or Entering Buildings (NCGS 14-54(b))

·         Communicating Threats (NCGS 14-277.1)

·         Contributing to the Delinquency of a Juvenile (NCGS 14-316.1)

·         Driving While License Revoked (Impaired Revocation) (NCGS 20-28(a1))

·         Failure to Stop for Stopped School Bus (NCGS 20-217)

·         Hit and Run Property Damage (NCGS 20-166)

·         Injury to Personal Property, >$200 (NCGS 14-127)

·         Larceny of Property, Worth $1000 or Less (NCGS 14-72)

·         Misuse of 911 (NCGS 14-111.4)

·         Possession of Certain Controlled Substances (NCGS 90-95(d)(2))

·         Possession of over ½ once of Marijuana (NCGS 90-95(d)(4))

·         Possession of Stolen Goods (NCGS 14-72)

·         Possession / Manufacture of Fraudulent ID (NCGS 14-100.1)

·         Purchase/Possess/Consume Alcohol by Person under 19 (NCGS 18B-302)

·         Speeding to Elude (NCGS 20-141.5)

·         Unauthorized Use of Motor Vehicle (NCGS 14-72.2)

What are the consequences for a Class 1 Misdemeanor NC?

The consequences for a Class 1 Misdemeanor depend on your record level. If you have one prior criminal conviction, you are considered a record level I. If you have between one and four prior criminal convictions, you are considered a record level II. If you have five or more prior criminal convictions, you are considered a record level III.

Offenders who are a record level I may not be sentenced to any jail time. In fact, generally, first time offenders who are considered record level I for sentencing purposes will also qualify for a dismissal as part of a deferred prosecution. Depending on the type of charge, you may qualify for the First Offender’s program which involves completing 75 hours of community service for a dismissal. Or, you may qualify for the 90/96 program which involves completing substance abuse treatment.

Offenders who are record level II may be sentenced to up to 45 days in jail at the judge’s discretion or may be sentenced to probation, community service or simply asked to pay a fine.

Offenders who are a record level III may be sentenced to up to 120 days in jail at the judge’s discretion, or may be sentenced to probation, community service or simply asked to pay a fine.

The Law Offices of Wiley Nickel in Cary, NC

An experienced attorney can best help you avoid a harsh sentence and work with the prosecutor to get a deal on your behalf. At The Law Offices of Wiley Nickel, our first goal is always to seek a dismissal of the charges. If the charges are dismissed, we can then help you get the charge removed from your record through the expungement process. Give attorneys Kristi Haddock, Melissa Botiglione, or Wiley Nickel a call at 919-650-2851 to discuss your options. We offer FREE consultations.

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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.

Class 3 Misdemeanor NC

What is the penalty for a Class 3 Misdemeanor NC?

A Class 3 misdemeanor in North Carolina is the least serious type of misdemeanor and carries a maximum penalty of twenty days in jail and a $200 fine. Class 3 misdemeanors include simple possession of marijuana, concealing goods in a store, DWLR (not impaired driving related) and 2nd degree trespassing.

If you have less than four prior convictions on your record you can only be charged with a fine for a class 3 misdemeanor – so jail time is very unlikely for first offenders in North Carolina.

If you are charged with a Class 3 Misdemeanor in North Carolina contact The Law Offices of Wiley Nickel, PLLC for a free consultation. We handle Wake County criminal cases and can be reached at 919-585-1486 (by phone or text) for a free consultation. Generally the goal for class 3 misdemeanors is a dismissal and then an expungement. There are also first offender options available for many charged with a class 3 misdemeanor in Wake County, NC.

Class 3 Misdemeanor 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.

Raleigh DUI Lawyer

Raleigh DUI Lawyer Wiley Nickel

Experienced & Trustworthy Wake County Defense Lawyer

Attorney Wiley Nickel is a dedicated Raleigh DUI Lawyer with a reputation for successfully representing clients who have been charged with DUI and DWI related offenses.

When facing DUI charges, your long-term future is at stake. It’s important that you have representation from an attorney with proven results and experience in Wake County. You need an attorney who will give your case the full attention and focus it needs to avoid a conviction.

Contact The Law Offices of Wiley Nickel for a FREE consultation today!

Fighting DWI / DUI Charges in North Carolina?

Attorneys Wiley Nickel, Kristi Haddock and Melissa Botiglione help clients facing North Carolina DWI charges. They are accessible and active for their clients throughout the entire DUI process. From examining the results of your breath & blood tests and field sobriety tests, you can rely on the Law Offices of Wiley Nickel to provide you with professional and aggressive legal representation. It does not matter how serious the case is, our team will defend a felony DUI or first time DUI.

Searching for a DUI lawyer in Raleigh?

Getting arrested for a DUI can be a frightening situation, especially when you face the possibility of license suspension and jail time. A conviction can lead to serious consequences that can follow you for years to come. It is always best to retain the services of a Raleigh DUI attorney with extensive experience in order to ensure you have increased the possibility of getting a favorable outcome.

With fines, possible jail time, license suspension, you need to move fast and retain a trusted Raleigh DWI attorney with a proven record in Wake County.

The firm offers reasonable rates and payment plans, and a DUI lawyer who will listen to your needs. Our Team can help you determine whether you should go to trial or simply work out a plea deal. The DWI Team at The Law Offices of Wiley Nickel is exceptionally well-versed in DWI laws in North Carolina and stays on top of any legislative changes or case laws that could affect your case. Contact us at 919-585-1486 for a free consultation today.  You can call the number or send us a text message to get an immediate response.

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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 Criminal Defense Law Firm - Free Consultations

Raleigh Law Firm

An Aggressive, Proactive Approach to all Criminal Cases

The Law Offices of Wiley Nickel provides top-notch legal representation throughout Wake County in the areas of criminal defense, DWI, expungements, and traffic citations.  We provide a no-cost initial consultation if you’re charged with a crime in Wake County, North Carolina. We will explain your rights and review your options.

Our North Carolina criminal defense attorneys help to get felony and misdemeanor charges reduced or dismissed. If you’ve been arrested or investigated for a crime in the Raleigh-Area, and you want help answering your pressing questions, contact The Law Offices of Wiley Nickel for a no-cost consultation. Attorneys Wiley Nickel, Kristi Haddock & Melissa Botiglione will meet with you in an attorney-client privileged setting, where they will review the evidence, including any citations, police reports, and documents in your possession, determine the best defense options and recommend a preferred legal strategy.

In criminal investigations, time is of the essence. The earlier the Law Offices of Wiley Nickel can preserve the evidence and interview any witnesses, the better for you as it lessens the chances of important information being forgotten, lost, or destroyed. The firm’s criminal law experience and knowledge of the Wake County court system provides its clients with the best results-oriented defense against the accusations of the police.

An Experienced Criminal Law Firm Will Fight for Your Rights

Unfortunately, the criminal justice system does not always live up to its ideal of justice for all.  The police and prosecutors have important roles and responsibilities in the criminal justice system, however they can still fall short, make mistakes, or get swayed by false assumptions -- the consequences of which can be enormous for a defendant in a criminal case. In the worst of cases, innocent people can get convicted for crimes they didn’t commit.

The Law Offices of Wiley Nickel, PLLC

The Law Offices of Wiley Nickel cares about its clients and works hard to achieve a successful outcome. If you need legal help in any of these areas, please contact The Law Offices of Wiley Nickel for a free consultation.  You can reach us at 919-585-1486.  Our office is centrally located in Cary, 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.

Report: 1 in 7 North Carolina Drivers has a Suspended License.

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About one in seven drivers in North Carolina currently has a license suspended for not appearing in court or paying court fines and fees according to a report by Duke University law professor Brandon Garrett and post-doctoral fellow William Crozier.

In this Article, we analyze data concerning driver's license suspension for traffic offenses. The interest of a person in a driver’s license is “substantial,” and the suspension of a license by the state can result in “inconvenience and economic hardship suffered,” as the U.S. Supreme Court has observed, including because a license may “essential in the pursuit of a livelihood.” However, in this analysis of North Carolina data, we found that there are 1,225,000 active driver’s licenses suspensions in North Carolina for non-driving related reasons, relating to failure to pay traffic fines and court courts, and failure to appear in court for traffic offenses. These suspensions constitute about 15% of all adult drivers in the state. Of those, 827,000 are for failure to appear in court, 263,000 for failure to comply with orders to pay traffic costs, fines, and fees, and 135,000 for both. These suspensions are disproportionately imposed on minority residents. Of those with driver’s license suspensions, 33% of those with failure to appear suspensions are black and 24% Latinx, while 35% were white. The demographics for all North Carolina residents who are of driving age include: 65% white, 21% black, and 8% Latinx. Still more severe consequences, DWLR charges, also disproportionately fall on minority residents. We also conducted a series of mixed-model linear regressions on North Carolina driver’s license suspensions from 2010-2017, analyzing the effects of race, poverty, population size, traffic court cases and traffic stops on suspensions per county. Overall, population accounts for most of the variation in suspensions: the more people in the county, the more people have suspended licenses. When we control for population, we see little evidence that traffic stops or traffic cases are driving suspensions. We find that the relationship between the number of people in poverty and the number of suspensions in a county is dependent on race. Put another way, increasing a county’s population by one white individual below poverty increases the number of suspensions by a greater amount than increasing the county’s population by one white above poverty. However, increasing the population by one black individual below poverty increases the number of suspensions by less than increasing the county population by one black individual above poverty. This suggests that poverty functions differently for whites than it does for blacks. We conclude by setting out questions for future research, and describing both law and policy responses to driver’s license suspensions in other jurisdictions, including: constitutional challenges, restoration efforts, dismissals of charges, and legislative efforts to restore licenses and end the suspension of driver’s licenses for non-driving related traffic offenses.”

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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.

Failure to Appear License Revocation in NC

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Has your North Carolina driver’s license been revoked for Failure to appear in court or failure to pay court fines? If the court notifies the DMV office stating that you have failed to appear in court, or to pay your ticket, you may lose your driving privileges. They will remain revoked until the DMV is notified that you have taken action regarding your ticket. Paying the ticket or appearing in court are not guarantees to walk away without penalty either.

How do I get my License Back?

If your license has been suspended or revoked, you should contact a local attorney to review your case. Often there are ways to avoid a suspension but an experience FTA lawyer can advise you about your options.

News & Observer Article: 1 in 7 NC drivers has a suspended license.

Law Firm Located in Cary, NC

Our main office is located at 2401 Weston Parkway in Cary, NC off exit 287.

The Law Offices of Wiley Nickel, PLLC

At The Law Offices of Wiley Nickel we handle Wake County Speeding Tickets as well as other traffic violations. We strongly advise talking an attorney to discuss your possible options and to ensure your charges are handled in an appropriate manner.  If you are looking for a Wake County Speeding Ticket Lawyer contact attorney, Wiley Nickel, Kristi Haddock, or Melissa Botiglione at 919-585-1486 for a free consultation.

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Wiley Nickel

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

High Speed Ticket Causing Revocation in NC

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A speeding ticket is often looked at as a minor offense, but it can have very serious repercussions on one's driving record. An individual's driving privilege can be revoked for at least 30 days if convicted of:

●       Driving 15 mph or over in a 55 on a road where the speed limit is 55 or above

●       Driving at a speed limit greater than 80 mph

A license can be revoked for 60 days if convicted of the following:

●       Two speeding tickets in one year

●       Speeding plus reckless driving in one instance

Here is a chart from the official NCDMV website.

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What is the Difference Between a License Suspension vs. Revocation?

A license suspension is only for a temporary amount of time, your license will still be in effect. Where as a license revocation is more serious and means your driving privileges have been terminated. If the offender meets the eligibility requirements (generally set by a revocation hearing) they can reapply for a license at the NCDMV office.

Some common ways to get your license suspended include

●       Excessive Speeding

●       Too many tickets over a certain threshold of time

Law Firm Located in Cary, NC

Our main office is located at 2401 Weston Parkway in Cary, NC off exit 287.

The Law Offices of Wiley Nickel, PLLC

At The Law Offices of Wiley Nickel we handle Wake County Speeding Tickets as well as other traffic violations. We strongly advise talking an attorney to discuss your possible options and to ensure your charges are handled in an appropriate manner.  If you are looking for a Wake County Speeding Ticket Lawyer contact attorney, Wiley Nickel, Kristi Haddock, or Melissa Botiglione at 919-585-1486 for a free consultation.

Comment

Wiley Nickel

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

North Carolina Expungement Process

Nc Expungement lawyer

What is an Expungement in North Carolina?

Expungement is the process in which a person convicted of a crime is eligible to have that charge removed from their record. Even after a case is dismissed, the charge will remain visible to future employers, customers, landlords, universities, and insurance agents. If not properly handled, this can have serious negative implications on your future. It is strongly advised you speak with an experienced attorney to manage your case.

At The Law Offices of Wiley Nickel we have experienced Raleigh Expungement Lawyers to handle your case. We will work tirelessly to make sure we defend your rights, and that you walk away with a clean record.

Expungement Eligibility

Expungements vary from case to case, but you may be eligible for any of the following:

●       Expungement of Juvenile Records

●       Expungement of Juvenile Records for Dismissed Cases

●       Expungement of Drug Offenses for Persons 21 and under

●       Expungement for Cases of Identity Theft

●       Expungement for Misdemeanor Possession of Alcohol (under 21)

●       Expungement of Misdemeanors Committed before 18th birthday

●       Expungement when charges are dismissed and there are findings of Not Guilty

●       Expungement when a pardon of innocence is Granted by the governor

●       Expungement for first offenders (21 and under) of certain drug paraphernalia charges

●       Expungement of certain gang offenses (17 and under)

●       Expungement of Non-Violent felonies committed under the age of 18

●       Expungement of Older Non-Violent Misdemeanor and Felony Charges (5 year wait for certain misdemeanors and 10 year wait for certain felonies)

   The Process

Step #1: Determining Eligibility - Varies case to case, we will determine eligibility based off your court records.

Step #2: Filing the Petition - Once determined eligible, we will file a petition for expungement in the clerk's office in the county where you were charged.

Step #3: Review by the State Bureau of Investigation (SBI) - Following the initial signature from a judge or district attorney (if required) the petition will be sent to the SBI. They will conduct a search on your criminal history in NC and attach any additional records. Those additional records will be sent to the NC Administrative Office of the Courts (AOC). After reviewing the petition for prior expungements, the AOC attaches its findings and sends it back to the clerk's office in the county where the crime took place. This process is quite lengthy and can take multiple months.

Step #4: Final Judgement by the Court - Once the petition is returned to the courthouse, a judge makes a final jurisdiction based on the information from the SBI and AOC. It’s up to the judges discretion if they want to grant expungement without a formal hearing. If there is any question about the subjects eligibility, or an objection from the District Attorney, then a formal hearing might be required. That final hearing will either grant or deny expungement.

Step #5: Removal of Expunged Records - The clerk of court is statutorily required to send notice of expunction to all relevant agencies that have information about your case.

Law Firm Located in Cary, NC

Our main office is located at 2401 Weston Parkway in Cary, NC off exit 287.

The Law Offices of Wiley Nickel, PLLC

At The Law Offices of Wiley Nickel we handle misdemeanor criminal charges and low level felony charges in Wake County.  Our firm practice areas include: DWI/DUI’s, marijuana charges, assault, battery, larceny, theft, traffic tickets, and more. We strongly advise talking an attorney to discuss your possible options and to ensure your charges are handled in an appropriate manner.  If you are looking for a Wake County Criminal Defense Lawyer Wiley Nickel, Kristi Haddock, or Melissa Botiglione at 919-585-1486 for a free consultation.

Comment

Wiley Nickel

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

Tips for picking the best Criminal Defense Attorney in Wake County

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If you have been charged with a crime in the state of North Carolina, whether it be a misdemeanor or felony, you should be in contact with an experienced Criminal Defense Attorney as soon as possible. Here are some tips that will help you choose a Criminal Defense Lawyer in Wake County.

●       Courtroom Experience

●       Reputation in the Legal Community

●       Confidence, not Arrogance

●       Someone you can Trust

●       Do they take the time to Explain your Options?

●       Leader in the Law and Educating Lawyers

●       How big is the support team at the office?

Comfort with your criminal defense lawyer is key.  When you’re lookiing for the best criminal lawyer in Raleigh it’s important to find a law firm that cares about you and understand how hard it can be to face criminal charges – for many of our clients this is the first time they’ve been charged with a crime.  We will take the time to explain your options and make sure you understand the process.  We care about our clients and are always available to talk about issues involving your case.

Law Firm Located in Raleigh, NC

Our main office is located at 2401 Weston Parkway in Cary, NC off exit 287. However, we also have another location at 6220 Angus Drive, Suite 105, Raleigh, NC.

The Law Offices of Wiley Nickel, PLLC

At The Law Offices of Wiley Nickel we handle misdemeanor criminal charges and low level felony charges in Wake County. Our firm practice areas include: DWI/DUI’s, marijuana charges, assault, battery, larceny, theft, traffic tickets, and more. When looking for the best law firm in Raleigh we strongly advise taking the time to speak with multiple lawyers to find a law firm that understands your goals and who you feel comfortable with.  If you are looking for a Wake County Criminal Defense Lawyer contact Wiley Nickel, Kristi Haddock, or Melissa Botiglione at 919-585-1486 for a free consultation.

Comment

Wiley Nickel

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

How to Dress for Court in Wake County?

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When visiting the Wake County courthouse for a North Carolina Felony or North Carolina Misdemeanor, it can be quite the intimidating experience. One of the first things that you should be considering when attending a court date should be “What is appropriate to wear?” Being well dressed is only going to be beneficial when appearing in front of a judge. Some smaller counties the way you dress is going to be crucial for your case. However, in Wake County the dress code is a bit less strict. If you are hesitant about what your wearing or unsure on if it is appropriate or modest enough, the answer is likely no.

Recommended Wardrobe

Men

●       Business casual attire

●       Polo shirt

●       Khakis

●       Button up dress shirt

●       Dress shoes

●       Tucked in shirt

Showing up in nice attire showcases to the judge that you made an effort to look presentable. As well as the fact that you are taking the charge seriously.

Women

●       Dress suit/business casual attire

●       Conservative Dress Shoes

 

Modesty is key, as it shows respect to the Judge and District Attorney who will make decisions about your case.

Not Recommended

Men

●       No flip flops

●       No jeans with holes

●       No T-Shirts

●       No hats

Women

●       No Low cut skirts

●       No open toed shoes

●       Don’t over accessorize (no excessive jewelry)

●       No bare midriff

 

Law Firm Located in Raleigh, NC

Our main office is located at 2401 Weston Parkway in Cary, NC off exit 287. However, we also have another location at 6220 Angus Drive, Suite 105, Raleigh, NC.

The Law Offices of Wiley Nickel, PLLC

At The Law Offices of Wiley Nickel we handle misdemeanor criminal charges and low level felony charges in Wake County. We strongly advise talking with an attorney to discuss your possible options and to ensure your charges are handled in an appropriate manner.  If you are looking for a Wake County Criminal Defense Lawyer contact Wiley Nickel, Kristi Haddock, or Melissa Botiglione at 919-585-1486 for a free consultation.

Comment

Wiley Nickel

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

Raleigh Drinking Ticket Attorney

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Raleigh Drinking Ticket Attorney

An underage drinking charge is not something that you should take lightly. If the ticket is not properly handled, it will be tough to get off of your criminal record. The effects can be quite damaging to one's future. This can negatively impact job hunting, educational opportunities, getting a loan, and more. On top of all of the long term effects, it can result in substantial fines and punishments.

At The Law Offices of Wiley Nickel we have experienced Raleigh Drinking Ticket Attorneys to handle your case. We will work tirelessly to make sure we defend your rights, and that you walk away with the best outcome possible

Do I need a Lawyer for an Underage Drinking Ticket?

Mishandling your drinking ticket charge can have a permanent effect on your record. Some cases will result in community service, which can be a significant burden on your work or school schedule. An experienced attorney will help properly defend your rights. On top of that they can advise you on preemptive measures you can take to try and help your case or possible arrange a deal for dismissal.

What are the Consequences for an underage drinking ticket?

The consequences of a drinking ticket vary from case to case. North Carolina classifies underage drinking offenses as class 1 or class 2 misdemeanors. If you have a prior criminal history, that will certainly impact the potential consequences you could face. If a DUI/DWI is involved than the penalties are much more severe.

Typical penalties with underage drinking in North Carolina may include:

●       Up to 120 days in jail

●       Losing your license

●       Fines/Financial penalties

●       Court cases

●       Community Service

●       Alcohol/substance abuse courses

●       Additional penalties by the university (if committed on a campus)

Law Firm Located in Raleigh, NC

Our main office is located at 2401 Weston Parkway in Cary, NC off exit 287. However, we also have another location at 6220 Angus Drive, Suite 105, Raleigh, NC.

The Law Offices of Wiley Nickel, PLLC

At The Law Offices of Wiley Nickel we handle misdemeanor criminal charges and low level felony charges in Wake County. We strongly advise talking with an attorney to discuss your possible options and to ensure your charges are handled in an appropriate manner.  If you are looking for a Wake County Drinking Ticket Lawyer contact Wiley Nickel, Kristi Haddock, or Melissa Botiglione at 919-585-1486 for a free consultation.

Comment

Wiley Nickel

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

When do I need a Criminal Defense Attorney in Raleigh? 

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If you have been arrested or charged with a crime in Wake County, you should speak with an experienced Criminal Defense Attorney. Whether you’ve been charged with a small misdemeanor or a more severe felony, it’s still important to speak with someone. A conviction on any offense could land you in jail, have serious financial repercussions, negatively impact your chances at education, or employment, as well as leave you with a permanent record.  

At The Law Offices of Wiley Nickel we have experienced attorneys to handle your case. We will work tirelessly to make sure we defend your rights, and that you walk away with the best outcome possible. 

How Can a Criminal Defense Attorney Help You?

  • Help you gain a good understanding of your situation, and what needs to be done to mitigate it.

  • Exploit weakness while recognizing strengths in the evidence 

  • Investigate whether procedural mistakes were made

  • Negotiate properly/aggressively to reduce charges or have the charges dropped.

  • Advise you on how to proceed in court.

  • Understand the angles in which the prosecutors are taking against you

  • Skillfully and professionally advocate in front of a judge on your behalf

Simply put, without obtaining an experienced Criminal Defense Attorney, you are not giving yourself the best chance to fight the charges or mitigate the negative consequences. 

Law Firm Located in Raleigh, NC

Our main office is located at 2401 Weston Parkway in Cary, NC off exit 287. However, we also have another location at 6220 Angus Drive, Suite 105, Raleigh, NC. 

The Law Offices of Wiley Nickel, PLLC 

At The Law Offices of Wiley Nickel we handle misdemeanor criminal charges and low level felony charges in Wake County. We strongly advise talking with an attorney to discuss your possible options and to ensure your charges are handled in an appropriate manner.  If you are looking for a criminal defense lawyer or a Wake County Criminal Defense Lawyer contact Wiley Nickel, Kristi Haddock, or Melissa Botiglione at 919-585-1486 for a free consultation.

Comment

Wiley Nickel

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

Mitigating Circumstances for Criminal Charges in NC

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Mitigating Factors also referred to as extenuating circumstances are any piece of information regarding the defendant in a criminal court case that might result in a reduced or lesser sentence. 

Whatever your situation may be, make sure you speak with an experienced criminal defense attorney. You want to give yourself the best opportunity to walk away from your charge with the minimum punishment possible. At the Law Offices of Wiley Nickel our experienced defense attorneys will work tirelessly in order to properly defend your rights.

Mitigating Factors in NC

North Carolina recognizes many circumstances that can mitigate one's charges, with a judge’s discretion. Here are some of the most common factors. 

  • Reasonably believed that his or her conduct was legal

  • Acted under strong provocation

  • Has testified for the prosecution in the prosecution of someone else’s felony, or aided in their capture

  • Has been honorably discharged from the United States Armed Forces

  • Supports his or her family

  • Has a support system within the community

  • Is gainfully employed or has a positive employment history

  • Has accepted responsibility for the offense

  • Had significantly reduced culpability for the offense because of his or her age, immaturity or limited mental capacity

  • Committed the offense under threat, coercion or duress that was insufficient to be able to claim it as a defense

  • Was a passive participant or minor player in the commission of the offense

  • Made substantial or total restitution to the victim

Law Firm Located in Raleigh, NC

Our main office is located at 2401 Weston Parkway in Cary, NC off exit 287. However, we also have another location at 6220 Angus Drive, Suite 105, Raleigh, NC. 

The Law Offices of Wiley Nickel, PLLC 

At The Law Offices of Wiley Nickel we handle misdemeanor criminal charges and low level felony charges in Wake County. We strongly advise talking with an attorney to discuss your possible options and to ensure your charges are handled in an appropriate manner. If you are looking for a criminal defense lawyer or a Wake County Criminal Defense Lawyer contact Attorney Wiley Nickel, Kristi Haddock or Melissa Botiglione at 919-585-1486 for a free consultation.

Comment

Wiley Nickel

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

How do I clean my North Carolina Criminal Record?

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Everyone makes mistakes, but everyone also deserves a chance at redemption. In the state of North Carolina, cleaning your record is referred to as the expungement process. The expungement process can be quite convoluted, and is subjected to several conditions depending on your case. 

Even if your case was dismissed, a charge on your record can still negatively impact your professional aspirations, getting into schools, your insurance, and more. It’s important that you speak with an experienced expungement attorney to make sure your case will be properly handled. At the Law Offices of Wiley Nickel we have attorneys with years of experience handling expungements. We promise to work tirelessly to ensure that you walk away from your case with a clean record. 

Am I eligible for my case to be Expunged? 

There are numerous factors that may allow you to have your charge expunged. Here are some of the more common circumstances.  

  • Age during offense 

  • Were you arrested?

  • Were you convicted?

  • What is the class of offense? 

  • Do you have any prior criminal history?

  • Have you had something expunged in the past?

  • Do traffic violations count? 

Law Firm Located in Raleigh, NC

Our main office is located at 2401 Weston Parkway in Cary, NC off exit 287. However, we also have another location at 6220 Angus Drive, Suite 105, Raleigh, NC. 

The Law Offices of Wiley Nickel, PLLC 

At The Law Offices of Wiley Nickel we handle misdemeanor criminal charges and low level felony charges in Wake County. We strongly advise talking with an attorney to discuss your possible options and to ensure your charges are handled in an appropriate manner.  If you are looking for a criminal defense lawyer or a Wake County Expungement Lawyer contact Attorney Wiley Nickel or Attorney Kristi Haddock at 919-585-1486 for a free consultation.

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Wiley Nickel

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

DWI Restoration Hearing Attorney

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If you’ve been arrested for a DWI, you may or may not be aware of the fact that you have two separate legal proceedings that are possible for some cases. One is the traditional criminal case where the defendant faces the usual fines or penalties. The second is a restoration hearing administered by the DMV if the police say you refused to blow.

At the Law Offices of Wiley Nickel, we have experienced Wake County DWI attorneys who are going to help guide you through the specifics of your case, as well as thoroughly and professionally defend you. 

Consequences to Multiple DWI’s

First DWI: After your first conviction of DWI your driver’s license is automatically revoked for one year.  Typically your attorney will be able to get you a limited driving privilege in court after your plead guilty or are found guilty for your first offense. 

Second DWI: Being convicted of a second DWI in the state of NC will result in a four year loss of your license. However, with the help of an attorney, there is hope to have a restoration hearing after two years. You must have completed a substance abuse program and shown significant steps of improvement. 

Third DWI: If all the charges are within 10 years, then your license is permanently revoked. There is an opportunity for a restoration hearing in some cases after time has passed.  Call us if you are in this scenario.

Habitual Offender: After your fourth accident, you are considered a habitual offender. This will generally result in maximum fines, punishment, and incarceration time for any offense. 

You need Legal Assistance for a DMV Hearing

A DMV hearing should not be something taken lightly. If you are on your second or third DWI, then an attorney should be consulted. A DMV hearing is not far off from a standard court hearing. It is going to include witnesses (sworn under oath) who will testify in regards to your drinking. The witnesses will be interviewed individually, with the hearing officer and your attorney present. It is strongly advised that you have a reputable, experienced attorney by your side to help guide you through this process. Losing your license can have serious, life altering repercussions. Make sure to take the proper steps in order to mitigate your consequences. 

Law Firm Located in Raleigh, NC

Our main office is located at 2401 Weston Parkway in Cary, NC off exit 289. However, we also have another location at 6220 Angus Drive, Suite 105, Raleigh, NC. 

The Law Offices of Wiley Nickel, PLLC 

At The Law Offices of Wiley Nickel we handle Raleigh DWI cases as well as misdemeanor criminal charges and low level felony charges in Wake County. We strongly advise talking with an attorney to discuss your possible options and to ensure your charges are handled in an appropriate manner.  If you are looking for a criminal defense lawyer or a Raleigh DWI Restoration Hearing Lawyer contact Attorney Wiley Nickel or Attorney Kristi Haddock at 919-585-1486 for a free consultation.

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Wiley Nickel

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

NC DMV Hearing Attorney 

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In the state of North Carolina, the DMV has the authority to suspend your license without a preliminary hearing. However, you may be fortunate enough to be able to attend a hearing to have your driving privileges reinstated. It is strongly advised that an experienced DMV Attorney handles your case, as that will significantly improve your chances at getting your license back. 

At the Law Offices of Wiley Nickel no matter what type of hearing you have, our experienced DMV attorneys know how help prepare you and fight to  reinstate you driving privileges. We will work tirelessly in order to defend your driving record and make sure you walk away with a driving privilege or your license back. 

Types of DMV Hearings

There are a few different types of DMV hearings one could obtain. 

  • DMV Medical Hearing: Your license can be revoked as a result of a medical condition, such as diabetes or epilepsy. If you can obtain a DMV medical hearing and prove that you will be a safe and responsible driver, then your license may be reinstated. 

  • Driving While License Revoked Hearing: After three or more moving violations, the DMV will revoke your license permanently. In actuality, it will result in revocation for three to four years and the opportunity to have limited driving privileges after two years.

  • DWI Restoration Hearing: In the state of North Carolina, your DMV charge could be over a number of things. Anything from a speeding ticket to a serious DWI, in most situations you should be able to obtain a restoration hearing after a certain amount of time has passed. When you do, make sure an experienced attorney is by your side.

  • DWI Refusal Hearing: When you receive your license, you agree to take a chemical test if faced with a DWI charge. There are serious penalties for refusing to take the test. DMV refusal hearings are tricky, but can be won if there can be sufficient evidence showing that you did not refuse the test. 

Consequences to Multiple DWI’s

First DWI: After your first conviction of DWI your driver’s license is automatically revoked for one year.  Typically your attorney will be able to get you a limited driving privilege in court after your plead guilty or are found guilty for your first offense. 

Second DWI: Being convicted of a second DWI in the state of NC will result in a four year loss of your license. However, with the help of an attorney, there is hope to have a restoration hearing after two years. You must have completed a substance abuse program and shown significant steps of improvement. 

Third DWI: If all the charges are within 10 years, then your license is permanently revoked. There is an opportunity for a restoration hearing after some time has passed.

Habitual Offender: After your fourth accident, you are considered a habitual offender. This will generally result in maximum fines, punishment, and incarceration time for any offense. 

Law Firm Located in Raleigh, NC

Our main office is located at 2401 Weston Parkway in Cary, NC off exit 289. However, we also have another location at 6220 Angus Drive, Suite 105, Raleigh, NC. 

The Law Offices of Wiley Nickel, PLLC 

At The Law Offices of Wiley Nickel we handle Raleigh DMV cases as well as misdemeanor criminal charges and low level felony charges in Wake County. We strongly advise talking an attorney to discuss your possible options and to ensure your charges are handled in an appropriate manner. If you are looking for a criminal defense lawyer or a Raleigh DMV Lawyer contact Attorney Wiley Nickel, Kristi Haddock, or Melissa Botiglione at 919-585-1486 for a free consultation.

Comment

Wiley Nickel

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

Ignition Interlock: Limited Driving Privileges and DMV Conditional Restoration

After a DWI conviction, NC DMV places certain alcohol concentration restrictions on drivers. In addition, NC DMV also requires an ignition interlock for drivers whose licenses are restored following a conviction for DWI if: 

  • You had an alcohol concentration of 0.15 or higher; or

  • You were convicted of a second offense of DWI, which happened within seven years of the offense for which your license was revoked; or

  • You were sentenced to an Aggravated Level One DWI

There are several ignition interlock providers in North Carolina. Our clients choose between (1) Smart Start, (2) Monitech and (3) Alcolock. The cost of ignition interlock varies per provider but generally costs about $70-$150 for installation and $75 per month. There are also calibration and removal fees.

Limited Driving Privileges:

Limited Driving Privileges with the Ignition Interlock restriction are issued 45 days post-conviction in cases where the Blood Alcohol Concentration (BAC) was 0.15 or greater. Those privileges allow driving Monday - Friday from 6am to 8pm for work purposes. Additional work hours may be permitted outside the “standards” hours with a letter from the driver’s employer. No driving is permitted for “house hold purposes” when the BAC was 0.15 or greater.

DMV Hearings:

Two DWI convictions within 3 years causes a revocation for 4 years. However, DMV allows drivers to request a conditional restoration hearing after 2 years. If conditionally restored, ignition interlock will be required for 3 years. A third or subsequent DWI causes a permanent revocation. DMV allows drivers to request a conditional restoration hearing after 3 years in these circumstances. If conditionally restored, ignition interlock is required for 7 years. Generally, other than the ignition interlock restriction a conditionally restored license allows drivers to drive 24/7.

Tips for Ignition Interlock Success:

  1. Always rinse your mouth with water before starting your car/before each subsequent blow.

  2. Avoid high sugar foods or foods with traces of alcohol. Rinsing well after eating is VERY important. Especially after consuming foods with high sugar.

  3. Avoid using hand sanitizer or other fragrances that contain alcohol in your car

  4. If your job involves using chemicals/materials/tools that may include alcohol, such as a mechanic, consider changing your clothes or washing off well before starting your car.

  5. If you have taken any medications such as cough syrup, or used mouth wash containing alcohol, wait to start your vehicle.

  6. If you blow and fail, rinse your mouth and blow AGAIN. It is VERY important to have a second or third blow to prove it was just a mouth alcohol contamination.

  7. If you blow and fail, log what you ate that day and how you conducted the breath tests. This will be helpful at a potential DMV hearing.

If you have any questions regarding Driving While Impaired, Ignition Interlock, or DMV Hearings, feel free to call our office for a free consultation. We handle DMV hearings in both Central and Eastern North Carolina. Attorneys Kristi Haddock and Melissa Botiglione may be reached at 919-585-1486.

Comment

Wiley Nickel

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