The Team at The Law Offices of Wiley Nickel, PLLC

Law Offices of Wiley Nickel

"When your future and reputation are at stake, an experienced Raleigh Criminal Defense Lawyer makes your rights a priority."

Wiley Nickel, Attorney Kristi Haddock and Attorney Melissa Botiglione focus on Raleigh Criminal Defense, Family Law, Wake County Traffic Tickets and Expungements from Offices in Cary and Apex.  Legal Assistant Emily Orr supports our attorneys and is likely your first point of contact when calling our firm. Contact The Law Offices of Wiley Nickel when you need an Experienced Criminal Defense Attorney, Marijuana Defense Lawyer, DWI Lawyer in the cities of Raleigh, Cary, Morrisville, Apex, Holly Springs and Fuquay Varina.  Defending your rights is our priority.

Wake County Criminal Defense Law Firm

We fight for our clients and work tirelessly to provide the best criminal defense possible. We are passionate about our work and strive to provide caring and effective advocacy for your case.  We take pride in helping our clients and being available for them during what is often a difficult time in their lives.  Our work also includes an expungement of all public records whenever possible.

Our office is centrally located in Cary, NC. Contact us 24-7 for a free consultation at 919-585-1486.

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Wiley Nickel

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

Major Changes for North Carolina Expungement Eligibility on the Horizon!

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North Carolina Expungement Bill passes the NC Senate. This bill would bring major changes to North Carolina Expungement law.

Senate Bill 562 passes the Senate by a vote of 44-0. The bill moves on to the House for expected passage and then a signature by Governor Roy Cooper.

  • New Eligibility Rules for those with convictions from under the age of 18. Almost all H and I Felony Convictions and almost all misdemeanor convictions are now covered minus DWI related or sexual registry related convictions under the age of 18. Multiple convictions are also covered. If you have anything on your record that happened before you turn 18 you should call for a free consultation today.

  • Automatic dismissal expungements. Starting on July 1, 2020 the process would become automatic after most dismissals or not-guilty verdicts.

  • New Eligibility Rules for those with multiple nonviolent misdemeanor or felony convictions. The current law just allows people get one conviction. The law would soon allow for those with more than one conviction on different dates to seek relief.

The new law would go into effect on December 1, 2019 for convictions and on July 1, 2020 for automatic dismissals after the case finishes in court. The bill applies to offenses committed before that date. Any dismissals prior to July 1, 2020 would still need to apply for an expungement under the current process.

This law change could help many in North Carolina. If you have questions about whether you are eligible for a North Carolina expungement if this bill becomes law please call The Law Offices of Wiley Nickel at 919-585-1486 for a free consultation.

The State: Second Chance Act … bills pass in the NC Senate

SECOND CHANCE ACT

“▪ SB 562: The Second Chance Act bill would automatically expunge the records of people who had charges dismissed or were found not guilty of nonviolent and nonsexual crimes. The bill passed the Senate with bipartisan support after an amendment to take out language that would have included traffic violations.

Sen. Danny Britt Jr., a Republican who represents Robeson and Columbus counties, described it as a jobs bill. He said that it gives people a better chance when applying for jobs or renting an apartment. The expunction process would be a click of a button, he said, and would not burden clerks.

“What this is is a jobs bill to get these people back into society, where they should be,” Britt said.

Sen. Floyd McKissick Jr., a Durham Democrat, said this would make sure that when someone is found not guilty or charges dismissed, “they aren’t burdened with a scarlet letter their whole lives.”

Read more here

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Wiley Nickel

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

Marijuana Charges in Raleigh

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It's easy enough to argue how misguided the "War on Drugs" is. When talking about marijuana in North Carolina, it's that much easier. Cannabis grows on a plant, and can be used unaltered by man. Its negative physiological effects are mild, and it certainly poses no greater threat to society than alcohol or tobacco.

Yet our federal and most state governments have chosen to make the mere possession of pot or weed illegal, with even greater penalties for its sale and cultivation. Trafficking marijuana can lead to mandatory minimum prison time and millions of dollars in fees. As a result of our government's crackdown on this harmless plant, great harm has befallen many, and may come to you if you face any kind of marijuana charge.

Raleigh Marijuana Lawyer

At The Law Offices of Wiley Nickel, PLLC, we fight for the rights of those facing any kind of charge involving marijuana. An experienced and skilled Raleigh marijuana defense lawyer can be on your side during this stressful time. We will challenge the prosecution's assertions, arguing to suppress illegally gotten or otherwise inadmissible evidence.

We will work to have your charges reduced or dropped. Often we can work on dismissal deals in exchange for drug classes for first offenders. Call us today at (919) 585-1486 to set up a free consultation.

Raleigh Drug Diversion Program

Some first-time marijuana offenders may be eligible for a diversion program offered in Raleigh. Under the diversion program, you are granted a dismissal in exchange for taking drug classes. If you complete the drug classes, stay out of trouble for six months and pay the costs, the charges are dismissed.

Prosecutors agree to programs on a case-by-case basis. Your lawyer can help negotiate for your acceptance into the program, should you decide it is your best option.

The Law Offices of Wiley Nickel, PLLC | Raleigh Marijuana Arrest Attorney

If you face any kind of marijuana charges, have an experienced criminal defense attorney on your side. We fight for the rights of those facing marijuana charges at The Law Offices of Wiley Nickel, PLLC. A Wake County marijuana lawyer from The Law Offices of Wiley Nickel, PLLC will fight to suppress evidence and seek to have the charges against you reduced or dismissed. Call us today at (919) 585-1486 for a free consultation. Our office is conveniently located in Cary, NC.

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Wiley Nickel

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

Clear more criminal records to give people a fresh start

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We agree and would like to see movement for these common-sense North Carolina expungement initiatives!

“Clear more criminal records to give people a fresh start”

By David Plouffe and Mark Holden

April 30, 2019 06:16 PM, Updated April 30, 2019 06:16 PM

“North Carolina leaders are considering legislation that would substantially expand the number of people who are eligible to clear their criminal record, and simplify the process for doing so. These fellow citizens have been held accountable, yet are systematically being shut out of jobs, housing, and the chance to build a prosperous, law-abiding life.

North Carolina courts hand out nearly 100,000 convictions each year, but fewer than 2,000 people have had a conviction expunged (cleared or sealed) since the law was changed in 2011 to allow removal of a first-time misdemeanor or felony conviction from a person’s criminal record. That is why we will join state and national leaders from the business, faith, and law enforcement communities at the Capitol on May 7 – along with hundreds of directly affected people – to support their call for change.

The two of us may not agree on everything, but we share a fundamental belief that overcriminalization hurts our economy and denies opportunity to millions of people. Nothing is as American as the comeback story, yet we’re preventing so many in our communities from making their own comebacks possible.

As many as one-third of Americans have a criminal record – roughly the same number as those with college degrees – and one in two has a family member who has been incarcerated. Researchers estimate that time in prison and felony records drain $87 billion from our annual gross domestic product. With the vast majority of employers, landlords, and colleges using background checks in their decision-making, we are shutting the door on many people who are trying to move forward and contribute.

Even misdemeanor convictions and dismissed charges can have lifelong consequences for people who may already be struggling to make ends meet and support their families. In fact, nearly half of all children in the United States have a parent with a criminal record, and even brief contact with the criminal justice system has been shown to negatively affect everything from household income to school performance. In this way, the barriers imposed by a criminal record can have harmful ripple effects for generations and threaten the safety of our communities.

Fortunately, a growing number of states, including North Carolina, have taken important steps in recent years to help people clear their records if they remain crime-free. State lawmakers should be commended for these efforts, but there is still much more that can be done.

The process for removing convictions from a criminal record is often difficult to navigate, time-consuming, and costly. Accordingly, expunction is inaccessible to individuals who cannot afford to pay for an attorney, and only a small share of the people who are eligible for relief actually receive it.

Several bills being considered by the General Assembly this year would improve this process and provide much-needed relief to deserving North Carolinians. Legislation to expand eligibility, automatically remove dismissed charges that do not result in a conviction, and allow prosecutors to initiate expunctions have been sponsored by leaders from both political parties.

These reforms could be made even stronger if North Carolina follows the lead of Pennsylvania and Utah, which are automating their record-clearing processes. In these states, Republicans and Democrats united to pass common sense legislation that uses modern technology to clear the records of people who remain crime-free. These policies can substantially reduce the large gap between the number of people who are eligible for relief and those who are able to access it.

We are all more than the worst thing we have ever done. Providing a fresh start to people who have been held accountable should be one of the cornerstones of our criminal justice system. Opening doors for people who are trying to redeem themselves in the eyes of the law is not only good economic policy but the right thing to do.”

“David Plouffe is head of policy and advocacy at the Chan Zuckerberg Initiative and former campaign manager and senior adviser to President Barack Obama. Mark Holden is senior vice president of Koch Industries Inc.”
Read more here: https://www.newsobserver.com/opinion/article229846554.html#storylink=cpy

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Wiley Nickel

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

Marijuana Possession Defense Attorney: Raleigh, NC

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Marijuana is a controlled substance in North Carolina and being charged with possession or intent to sell it can greatly impact your future educational and employment opportunities. At the Law Offices of Wiley Nickel, we focus on misdemeanor drug charges.  We have a proven track record of success when dealing with marijuana charges and our criminal defense lawyers know how to properly defend your rights in court.

Contact our Wake County criminal defense attorneys for advice on what to do about your drug and marijuana charges. You can be confident that you have an experienced and dedicated team protecting your interests and providing you with competent answers to all of your drug offense related questions.

Our Raleigh lawyers fight marijuana charges routinely. The main issue the prosecution is concerned about in most cases is the amount of marijuana in the accused's possession at the time of the charge. The more marijuana you are charged with, the greater the punishments can be.

No matter what amount of marijuana was in your possession, we will investigate the matter and analyze all of your defense options. You can rely on our team of criminal defense lawyers to provide you with a solid defense to your drug charges.

Participating in substance abuse classes pursuant to N.C. General Statute 90-96 can give you a second chance in North Carolina. Drug Classes can enable us to have your charges completely dismissed, and then allowing you to have all of your public records erased through the expungement process. We will inform of you whether or not you qualify for this program and guide you through the entire substance abuse assessment process.

We also provide dedicated criminal defense counsel to those who have multiple drug charges on their record. Having multiple charges could disqualify you for drug treatment classes and increase your criminal punishments such as probation, jail time and fines.

Whether you have been charged with marijuana possession or drug trafficking, we have the knowledge and skills required to assist you. We offer reasonable fees. Payment plans are available and credit cards are accepted. Contact a criminal defense lawyer at the Law Offices of Wiley Nickel, PLLC for a free initial consultation. Our office is located in Cary and we can be reached at 919-585-1486.

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Wiley Nickel

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

Concert Goers Charged with Underage Drinking and Possession of Marijuana

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Concert Season at Coastal Credit Union Music Park at Walnut Creek officially kicks off this Saturday, April 13, 2019. Zac Brown Band leads off the summer concert series followed by Bob Seger and Hootie and The Blowfish in May.

Each year during the summer concert series, we see a surge of underage drinking tickets as well as misdemeanor possession of marijuana and possession of paraphernalia charges.

Alcohol Law Enforcement (ALE) walk through the parking lots as patrons tailgate before the concerts. If you are simply holding a beer, even if it is someone else’s beer, you could be charged with possession of alcohol. This is different than the charge of underage consumption of alcohol which requires proof that you actually consumed some of the beverage.

In North Carolina there is a zero tolerance for underage consumption of alcohol. If you are under the age of 21, officers may request to see your ID if you are holding a beverage. They may also request that you submit to a breath test if they suspect that you have been drinking alcohol.  NCGS 18B-302 

Concert goers who are over the age of 21 should take extra precautions when tailgating with patrons who are under the age of 21. A common charge we see during concert season is providing alcohol to a minor.

There are lower standards of privacy when standing in a public area like the parking lots outside the concert venues, or in your vehicle on the way to or from the concert. Just the smell of marijuana could be enough to justify a search of your vehicle depending on the circumstances.

If you are charged with an alcohol or drug related offense, and have no prior criminal history, you may qualify to earn a dismissal by completing drug and alcohol education classes. Once your case is dismissed it will be eligible for expungement from your record.

Our office handles alcohol and drug related charges, and complete the expungement process for all of our clients who qualify and wish to have their records expunged. If you would like to learn more about the opportunity to keep your record clean, contact attorney Kristi Haddock at kristi@wileynickel.com or Melissa Botiglione  at melissa@wileynickel.com with The Law Offices of Wiley Nickel, PLLC.

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Wiley Nickel

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

North Carolina DWI Conviction: What Factors Can Impact My Sentence?

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If you are convicted of a DWI in North Carolina, you will face several different penalties including a license suspension, increased insurance rates, ignition interlock, fines, court costs and potential jail time. There are a number of factors that can increase the severity of the penalty you will face as well as factors that can mitigate the severity of that penalty. There are three categories of factors: (1) Grossly Aggravating Factors, (2) Aggravating Factors and (3) Mitigating Factors.

 

Grossly Aggravating Factors

·      A DWI conviction that occurred after the date of the current offense, but before sentencing

·      A prior conviction of DWI within the past 7 years of the date of offense

·      Driving while your licenses is suspended for a prior DWI offense

·      A previous DWI that was appealed to Superior Court but was remanded back to District

 Court or withdrawn and there has not been a sentencing hearing

·      A car wreck that resulted in serious injury

·      Having a minor child under the age of 18 years old in the vehicle

 

Aggravating Factors

·      Prior DWI(s) more than 7 years before the current charge

·      Passing a stopped school bus

·      Extremely dangerous or reckless driving

·      Negligent driving which led to an accident

·      Driving with a revoked license (non-DWI related)

·      Driving at least 30 mph over the speed limit

·      Speeding to Elude Arrest or Attempting to Elude Arrest

·      2 or more prior convictions for a traffic violation which are 3 driver’s license points or more

·      Having a B.A.C of .15 or higher or gross impairment of the drivers faculties

 

Mitigating Factors

·      Completing a substance abuse assessment and complying with the recommended treatment

·      Voluntarily submitting into a mental health facility for assessment

·      Driving under the influence of a lawfully prescribed medication under the correct dosage

·      Having a Safe Driving Record (i.e. – no convictions for an offense worth at least four points in the last five years)

·      Slight impairment of a B.A.C of .09 or less

·      Slight impairment without a chemical analysis

·      Otherwise safe and lawful driving

The number of aggravating and mitigating factors in a DWI case can impact the sentencing level if you are convicted or found guilty. There are 6 different DWI sentencing levels: (1) Aggravated Level One, (2) Level One, (3) Level Two, (4) Level Three, (5) Level Four and (5) Level Five.

 

Aggravated Level One

·         If a person has three or more grossly aggravating factors, they will likely be sentenced as an Aggravated Level One DWI.

·         The maximum punishment is a 36 month jail sentence and the minimum punishment of 12 months.

 

Level One

·         If a person has a minor child in the vehicle or there are two grossly aggravating factors present, then that person will likely be sentenced as a Level One DWI.

·         The maximum punishment is a 24 month jail sentence with a minimum punishment of 30 days.

Level Two

·         If a person has committed one grossly aggravating factor, it is automatically a Level Two DWI.

·         The maximum punishment is a 24 month jail sentence with a minimum punishment of 7 days.

Level Three

·         If a person’s aggravating factors outweigh any mitigating factors, then that person will likely be sentenced as a Level Three DWI.

·         The maximum punishment is a 6 month jail sentence and the minimum punishment is 72 hours.

 

Level Four

·         When a person’s aggravating factors equal any mitigating factors or there are no aggravating or mitigating factors then that person will likely be sentenced at a Level Four DWI.

·         The maximum punishment is a 120 day jail sentence and the minimum punishment is 48 hours.

 

Level Five

·         When a person’s mitigating factors exceed any aggravating factors, then that person will likely be sentenced at a Level Five DWI.

·         The maximum punishment is a 120 day jail sentence and the minimum punishment is 24 hours.

If you have been arrested for a DWI in North Carolina, the attorneys at The Law Offices of Wiley Nickel, PLLC may be able to help prevent you from having an active jail sentence. You can call The Law Offices of Wiley Nickel at 919-585-1486 for a free consultation. You may also email the attorney’s directly, by contacting Wiley Nickel at wiley@wileynickel.com, Kristi Haddock at kristi@wileynickel.com or Melissa Botiglione at melissa@wileynickel.com .

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.

Top Raleigh DWI Attorney, Call Kristi Haddock 919-585-1486

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Attorney Kristi Haddock can help if you have been arrested in Raleigh for DUI, DWI public intoxication, domestic violence, shoplifting, or any other criminal offense. Kristi is a local Wake County lawyer so she can sometimes appear for you in Court if you do not live in the area and are just visiting Raleigh or on vacation.

Out of state residents who visit the area sometimes are cited or arrested for DUI, drunk driving, DWI,  driving under the influence or speeding/traffic violations in the Raleigh area and do not understand their rights and options regarding the case. North Carolina law does allow a local attorney to appear in Court on behalf of a client for certain cases cases. The benefit of retaining a local lawyer to defend an alcohol related charge is tremendous. First of all, a court hearing is mandatory in all DUI cases if you want to try and get a limited driving privilege during the normal 30 day suspension that comes with a North Carolina DUI. As a local Raleigh DUI Lawyer, Kristi Haddock can file the necessary applications for a limited driving privilege court hearing.  The normal suspension for DUI or DWI charges is 30 days.  A Limited driving privilege can often be had after 10 days have passed. Furthermore, as is often the case, she can make all necessary appearances in the Wake County district court for the initial limited driving privilege after 10 days have passed.  Then she can go to court after 30 days have passed to handle getting you your license back once the initial suspension has ended.

Underage defendants face particularly difficult challenges. A simple ticket for drinking alcohol in public may seem not to be a serious matter, however a conviction could mean a license suspension by the North Carolina Department of motor Vehicles. Raleigh Police unfortunately target tourists and out of town visitors, many of whom are under 21 and in college or the military. One typical scenario is when law enforcement observes large groups of young people walking downtown on Fayetteville street and they stop to check whether alcohol is present, this encounter invariably results in tickets being issued or an arrest being made. In this situation, a Raleigh Criminal Defense Attorney can help with the criminal case and for many people that also includes a legal expungement.

CONTACT KRISTI HADDOCK DIRECTLY AT 919-585-1486

Our office gets many phone calls from family members seeking information about how to help a loved one in jail in Raleigh. If you have received a call from a friend or loved one in custody, give Raleigh criminal attorney Kristi Haddock a call for a free straight talk consultation on what action needs to be taken now.

DUI is also a very common charge that is brought against visitors to Raleigh with its popular bars and restaurants.  Kristi Haddock has encountered many recurring questions concerning criminal cases over the years. Can I go to jail for a DUI, Petty Theft, Drug Possession, Domestic Violence or Drinking in Public? Will I lose my drivers license following a drunk driving charge? Does the Wake County District Attorney seek prison for people driving on a suspended license?

Call Raleigh Criminal Defense Lawyer Kristi Haddock today at 919-585-1486, the Law Offices of Wiley Nickel, PLLC is located in Cary just minutes from the RDU airport and off the 40 freeway. DUI Attorney Kristi Haddock can meet with you personally during a free consultation or you can arrange to have her represent you over the telephone.

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Wiley Nickel

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

Cary Legal Assistant Emily Orr, The Law Offices of Wiley Nickel

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Bio for Emily Orr, Legal Assistant, The Law Offices of Wiley Nickel, PLLC

Emily is a North Carolina native, who was born and raised in the beautiful mountains of North Carolina. She is proud to be a Western Carolina University Alum, where she graduated with Magna Cum Laude honors in Criminal Justice in 2013. Before joining our team, Emily was a Deputy Clerk with the Wake County Clerk of Superior Court for the past two years where she gained valuable knowledge of criminal courtroom procedures. The areas she was most heavily involved included: Domestic Violence, DWI, and District Criminal Court.

As the office manager and legal assistant, Emily Orr will likely be the first person you will speak with at The Law Offices of Wiley Nickel. Her duties at the firm include answering and making calls to clients, sending out contact emails, following up with clients after their court date, and prepping paperwork and files for the attorneys.

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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.

Morrisville NC Defense Attorney Melissa Botiglione

Bio for Melissa Botiglione, Associate Attorney, The Law Offices of Wiley Nickel, PLLC

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

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

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

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

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Wiley Nickel

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

Apex NC Defense Lawyer Kristi Haddock

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Bio for Attorney Kristi R. Haddock, Senior Associate Attorney

Kristi Rogers Haddock was born and raised in Cary, North Carolina, where her family has lived for more than 100 years. Kristi earned her undergraduate degree in child life, with a minor in business administration from East Carolina University. While at ECU, Kristi spent a semester interning with the Pitt County Public Defender’s Office, where she was first introduced to the criminal justice system. Also during her undergraduate years, Kristi was an intern at TEDI BEAR Child Advocacy Center, where she gained invaluable experience working with families and child victims of physical and sexual abuse. After graduating summa cum laude from ECU, Kristi accepted a partial scholarship to Campbell University School of Law.

Throughout law school at Campbell, Kristi focused her coursework, activities and internships on criminal law and trial advocacy. Before her last year of law school, she travelled to St. Andrews, Scotland where she completed the rigorous Baylor Academy of the Advocate, Advanced School of Trial. She was also an executive committee member of the Old Kivett Advocacy Council. Kristi interned with the Chatham County District Attorney’s Office, Wake County Public Defender’s Office, Wake County District Attorney’s Office and Johnston County District Attorney’s Office during law school. Through each of those internships Kristi fine-tuned her courtroom and trial experience. In 2015, Kristi received the North Carolina Advocates for Justice, Most Outstanding Advocate award.

After graduating from Campbell Law, Kristi began serving as a Volunteer Assistant District Attorney in Wake County. Kristi successfully prosecuted a variety of misdemeanors, traffic infractions and Driving While Impaired charges. While serving as a prosecutor, Kristi’s desire to switch to criminal defense developed. Late in 2015, Kristi took a temporary position at the Law Offices of Daniel T. Barker, PLLC, where she gained experience in private practice.

Kristi focuses her efforts on representing individuals charged with traffic offenses, DWI offenses, drug charges, misdemeanor offenses and felony offenses in Wake County. Kristi’s past experience in both District Attorney’s Offices and Public Defender’s Offices provides her with a keen ability to predict the outcome of criminal cases and develop a strategy to best advocate for her clients.

Kristi married Drew Haddock in October of 2015. They are members of The Summit Church in Cary and like spending time with family and friends. Kristi enjoys beach trips to Emerald Isle, cycling classes, and watching football. Go Pirates and Panthers!

If you are charged with a crime in Apex contact Defense Lawyer Kristi Haddock for a free consultation. The Law Offices of Wiley Nickel, PLLC has offices in Apex and Cary, NC.

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Wiley Nickel

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

Bio for Cary Defense Lawyer Wiley Nickel

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Bio for Wiley Nickel, Cary Criminal Defense Attorney

"When your future and reputation are at stake, an experienced Raleigh Criminal Defense Lawyer makes your rights a priority."

As a former Deputy District Attorney Wiley Nickel has the experience that matters most.  With a practice based on trust, respect, discretion and professionalism, Cary Criminal Lawyer Wiley Nickel and his team helps their clients avoid the dire consequences of criminal charges. 

"An arrest is not a conviction. As a former prosecutor I know how the other side thinks and I will fight to ensure you're not a victim of the law. You have a right to the best representation in Raleigh. The sooner you call, the sooner I can start fighting for you!"

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.

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, expungements, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started in Cary, NC with the goal of providing the best representation possible for all of his clients.

Experienced, Compassionate, Aggressive. Cary Defense Attorney Wiley Nickel is involved in all of his cases - he does have associate attorneys, 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 the charges at the end of the process.

Wiley was elected to the North Carolina State Senate in 2018. He represents Cary, Morrisville & NW Raleigh in the State Senate (16th District). He serves on the Agriculture/Environment/Natural Resources Committee, the Pensions and Retirement and Aging Committee and the Appropriations on Education/Higher Education Committee. When he is not working in the General Assembly or for the law firm - he is an avid family man and distance runner. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers.

Cary Criminal Defense Lawyer Wiley Nickel is licensed to practice law in North Carolina and California.

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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.

15% of North Carolina Drivers are driving on a Suspended Drivers License.

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About one in seven North Carolina drivers currently has a license suspended for failure to appear in court or failing to pay court costs or court fines, according to a report issued by Duke University School of Law.

“[I]n 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.”

In Wake County court costs and fines for speeding tickets generally range from $188 to $263.  For those who do not show up or pay their costs they can find their license is suspended.  Often the DMV will mail notice of the suspension but the individual will not receive the letter and could be driving with a suspended license for months or even years without knowledge of the suspension.

If you are charged with driving while license revoked (DWLR) or driving on a suspended license in Wake County, North Carolina we can help.  Contact The Law Offices of Wiley Nickel, PLLC for a free consultation to learn more about how we can help get you back on the road with a valid license.  Our office is located in Cary, NC and we can be reached at 919-585-1486.

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Wiley Nickel

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

NC Senate Bill would make it legal to possess up to 3 ounces of marijuana

NC Senator Paul Lowe filed a bill that would make it legal to possess up to 3 ounces of marijuana for personal use in North Carolina. Currently, possession of less than half an ounce of marijuana is a Class 3 misdemeanor. The bill would exempt up to 3 ounces of marijuana from being considered a controlled substance -effectively making it legal to possess up to three ounces of marijuana for personal use.

The bill has a long way to go but it’s an important step in decriminalizing small amounts of marijuana for personal use.

Senate Bill 58 would also raise the weight of marijuana an individual can possess from 1.5 ounces to a pound before it qualifies as a Class 1 felony, which is punishable by an active sentence of up to five months.

The bill also provides for expungements of convictions for those convicted of possessing less than four ounces of marijuana. There would be a $100 cost to file the expungement petition. If an expunction is granted, all law enforcement agencies would be required to expunge their records of the low level drug conviction as well.

Information on the bill.


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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 Traffic & Speeding Ticket Lawyers

Raleigh Traffic & Speeding Ticket Lawyers

It’s not “just” a speeding ticket, and it’s far more than a reckless driving ticket – traffic tickets can mean thousands of dollars in increased insurance costs. While a single traffic ticket can raise your insurance rates and make you a target for police, several traffic violations will change your life dramatically.

In North Carolina, traffic offenses can encompass many kinds of violations. Convictions for speeding, reckless driving, illegal turns, driving without a valid license, leaving the scene of an accident, running a red light and other offenses can mean higher insurance rates, points against your driver’s license, fines, loss of driving privileges and other penalties. If you’ve been charged with a traffic violation, don’t discount it as a minor inconvenience. You need the advice of an experienced Raleigh traffic & speeding ticket attorney at The Law Offices of Wiley Nickel, PLLC.

Consequences of North Carolina Traffic Tickets

What can happen if you’re arrested for a traffic violation? Although many people imagine that they might just pay a ticket and be done with an offense, it often isn’t that simple. Of course, North Carolina traffic penalties vary with violations, but some of the consequences you could face include:

-          Driver’s license points/DMV Points

-          Increased insurance rates/increased insurance premiums

-          Mandatory driver safety courses (4 and 8 hours)

-          Community service

-          Jail sentences

-          Driver’s license suspension or revocation

-          Payment of fines/Payment of court costs

-          Payment of restitution

The Law Offices of Wiley Nickel – Reputable Raleigh Traffic Ticket Attorneys

Getting a traffic ticket in North Carolina can be a serious ordeal. Not only will it affect your driving record, but it will also impact your wallet. In addition to fines and court costs, insurance companies have their own points systems, separate from the DMV point system. So your insurance rates could skyrocket for common violations like speeding.

If you want to lessen the impact of a traffic violation, contact the Raleigh traffic ticket attorneys at The Law Offices of Wiley Nickel. We have successfully handled cases involving everything from speeding tickets to DWI/DUI to DWLR.

Call 919-585-1486 or use the convenient online form at the right of the page to submit your information, and we will contact you right away for a free consultation.  Our office is located in Cary, NC and we handle traffic ticket cases in Wake County and Chatham County, North Carolina.

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Wiley Nickel

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

Raleigh Marijuana Possession Attorney

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Protecting Those Charged With Pot Related Crimes – North Carolina Cannabis Possession Lawyers

The trend in many states is toward decriminalizing marijuana possession and other pot related crimes through laws that have legalized medical marijuana. Two states recently have even legalized cannabis for personal use. Despite this liberalization of marijuana laws throughout the U.S., North Carolina has not joined in this movement to fully decriminalize marijuana. If you are arrested for marijuana possession in Raleigh or throughout North Carolina, you can face very serious penalties. Under North Carolina law, possession of any quantity of marijuana is still a criminal offense within the state.

Severe Consequences of a Weed Possession Conviction in North Carolina

The severity of penalties for pot possession is based on the quantity of the drug in your possession when you are arrested. While it is natural to be anxious if you face punishment for possession of pot, this criminal statutes only tells part of the story because there are many other consequences and penalties that may flow from a criminal conviction if you are arrested with marijuana including:

    Community service

    Drug classes

    Public record of a misdemeanor or felony conviction

    Probation

    Loss of certain constitutional rights for felony convictions (i.e. voting and gun ownership)

Even these other formal consequences that flow from a marijuana possession conviction do not provide a complete picture of how one’s life may be affected by a conviction for a pot possession crime. The criminal record you receive can haunt you for years and impact many aspects of your life including employment opportunities, security clearance access, qualification for professional and certain occupational licensing, immigration consequences like removal, denial of student loans and other adverse effects.

If you are facing criminal charges because you were arrested with weed, our experienced North Carolina marijuana possession lawyers may also employ a range of other defense strategies depending on the specific facts of your case, which include the following:

Attacking Evidence of “Possession”: Even if you were arrested with the drugs in your jacket pocket, office, vehicle or close proximity to your person, this does not mean that the drugs did not belong to someone else. We may be able to provide evidence that others had access to where the cannabis was discovered and argue that you did not know that the drugs were present.

Fourth Amendment Challenges to Searches: There are many reasons that a search may be improper based on violations of Fourth Amendment protections. The police may conduct a search without a warrant based on a claimed exception to the warrant requirement that is not justified by the facts. The officers may claim that they did not have time to obtain a warrant because it might have resulted in the destruction of evidence. If the officers have already secured the scene when conducting the search, the claim of “exigent circumstances” may be attacked because there is no longer a basis to claim that the risk of the loss of evidence exists.

Anyone arrested for cannabis offenses in Raleigh or the surrounding areas should immediately speak with a Raleigh cannabis possession attorney. We offer a confidential consultation that is free of charge so that we can evaluate your case and suggest potential defense strategies. Please contact the Law offices of Wiley Nickel, PLLC at 919-585-1486 or email us so that we can start defending your freedom and reputation.  We can also discuss the North Carolina expungement process when you call.

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Wiley Nickel

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

How do I get my case dismissed?

Raleigh Law Firm

How do I get my case dismissed in Wake County?

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

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

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

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

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

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

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.

Cary Criminal Defense Attorney

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Cary Criminal Defense Attorney – Free Case Review

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

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

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

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

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

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

This Practice Does Not Discriminate

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

DWI (Driving While Intoxicated)

Domestic Violence

Assault on a Female

Larceny/Theft Crimes

Shoplifting

DWLR

Drug Crimes

Marijuana Possession

Speeding Tickets

Expungements

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

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

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

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.

What is a North Carolina Expungement?

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What is an Expungement in North Carolina?

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

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

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

Who is eligible for an expunction?

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

Who Qualifies for an Expungement in North Carolina?

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

 

Common Terms:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Drug Possession Lawyer in Raleigh NC

Raleigh Drug Crimes Lawyer

Drug Possession Lawyer in Raleigh North Carolina

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

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

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

North Carolina Drug Laws

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

Simple Possession of Marijuana - less than ½ ounce

Misdemeanor Possession of Marijuana - more than ½ ounce

Misdemeanor Possession of Drug Paraphernalia - Marijuana

Felony Possession of Marijuana - 1.5 ounce to 10 pounds

Felony Possession of Marijuana with Intent to Sell or Distribute

Felony Sale or Delivery of Marijuana

Felony Cultivation of Marijuana

Trafficking Marijuana

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

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

The alcohol laws in North Carolina also prohibit things like:

Giving alcoholic beverages to minors

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

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

Aiding and abetting underage persons

Fraudulent use of identification or fake ID

Allowing use of false identification

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

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.