Cary Criminal Defense Attorney

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Cary Criminal Defense Attorney – Free Case Review

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

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

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

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

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

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

This Practice Does Not Discriminate

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

DWI (Driving While Intoxicated)

Domestic Violence

Assault on a Female

Larceny/Theft Crimes

Shoplifting

DWLR

Drug Crimes

Marijuana Possession

Speeding Tickets

Expungements

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

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

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

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Wiley Nickel

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

Raleigh Domestic Violence Attorneys

Raleigh Domestic Violence Attorneys

Wake County Domestic Violence Attorneys

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

Domestic Violence Attorney Raleigh

Domestic Violence Attorneys Raleigh

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

Domestic Violence Attorneys Raleigh

Raleigh Domestic Violence Lawyer

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

Speak to a Raleigh Domestic Violence Lawyer Today!

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

Wiley Nickel – Domestic Violence Attorney Raleigh

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

Domestic Violence Attorney Raleigh

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

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

Defense Against Domestic Violence Charges Raleigh

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

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

Elder abuse

Child abuse, cruelty to a child, or child endangerment

Restraining order violations

Criminal threats

Assault on a Female

Harassment or stalking

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

Contact Us

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

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Wiley Nickel

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

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

Raleigh DWI Lawyer

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

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

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

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

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Wiley Nickel

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

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

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

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

The Juvenile Age Will Increase

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

Maximum Age of Juvenile Court Jurisdiction

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

Relief for 16 and 17 year old children in North Carolina

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

Contact a Wake County Juvenile Criminal Defense Lawyer Today

If you are 14, 15, 16 or 17 and are charged with an adult crime or a juvenile crime contact us today. We handle juvenile cases as well as adult cases. When the law changes we will defend juveniles in the juvenile court system for any cases with 16 and 17 year olds charged with a crime. We are also hopeful that North Carolina prosecutors will take the coming change of law into effect when dealing with current cases for 16 and 17 year old juveniles between now and December 1, 2019.  If you are 16 or 17 and are charged with a crime contact The Law Offices of Wiley Nickel for a free consultation at 919-585-1486.

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Wiley Nickel

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

Assault Charge Lawyer in Raleigh, NC

Wiley Nickel Assault Charge Lawyer Raleigh

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

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

Laws and Penalties Regarding Assault in Raleigh, North Carolina

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

Misdemeanor Assault

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

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

Felony Assault with a Deadly Weapon

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

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

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

Domestic Simple Assault in North Carolina

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

Simple Assault

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

Assault on a Female

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

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

When Should You Contact an Assault Charge Lawyer?

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

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

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

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

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Wiley Nickel

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

How Many Expungements Can You Get in North Carolina?

How To Get Your Criminal Record Expunged: Can You Get Multiple Expungements in North Carolina?

You can get as many expungements as the law allows.  Some types expungements bar you from getting certain other types of expungement in the future and for other situations there could be multiple expungements allowed.  It’s all very fact specific.

Certain Convictions under 18 and Certain Drinking Tickets under 21

Many can get an NC expungement of a misdemeanor conviction for an offense committed before the age 18 plus certain drinking tickets before age 21.  That expungement statute does not list a prior expungement as a bar to getting one.

Dismissal/Not Guilty Expungements

In many cases you can’t get a dismissal expungement if you’ve had certain other types of expungements.  If you have a misdemeanor conviction on your record and want to get an expungement for a dismissed case that conviction likely does not bar you from a dismissal expungement.  For many clients the order of using their expungements is very important and if there are multiple things going on you could limit the possibilities for expungements if you do them in the wring order.

15 Year Wait Expungements

For many clients their public records can be erased through the expungement process for one misdemeanor or low level felony after 15 years have passed (assuming it’s the only criminal conviction on their record).  In that situation most other prior expungements could block them from the 15 year wait kind of expungement.  An expunction of a dismissal is the one type of expungement that is not listed as a bar to getting the 15 year type.

What Next?

A prior expungement generally makes it difficult for a person to get an expungement more than once. However there is not a rule that allows only one expungement for all scenarios. The terms of each statute control whether a person can obtain another expungement. North Carolina law creates a narrow path to additional expungements in many situations.  All cases are different.  If you have questions about getting a second expungement contact The Law Offices of Wiley Nickel, PLLC at 919-585-1486 for a free consultation.  Our NC Expungements Lawyers will answer your questions and let you know if we can expunge criminal records for you.

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Wiley Nickel

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

North Carolina Needs to 'Raise the Age'

North Carolina is the only state in the nation that still prosecutes all 16- and 17-year-olds as adults, regardless of the severity of the crime, in adult criminal court. When youth end up in adult court, there is limited access to rehabilitative programming, mentoring, counseling, and education.  We need to "Raise the Age."

Evidence shows that the juvenile system – with programs tailored to how children think and learn – is more effective at rehabilitating youth. Fewer then go on to commit another crime, which means lower costs to society and more children growing up to become educated, employed citizens.

New York was the only other state to do this and they just changed their law when Governor Cuomo signed the changes into law on April 10th.  Now North Carolina is the ONLY state in the county to treat 16 and 17 year olds like adults for criminal purposes.  There is a lot of evidence that the total costs for North Carolina would be lower if we kept 16 and 17 years old in juvenile court for misdemeanor offenses.

While many states provide adult trials for younger defendants accused of heinous crimes, only North Carolina automatically treats everyone 16 or older as an adult. There were 89 inmates in the North Carolina prison system under the age of 18 as of last July; 14 were 16 years old and 75 were 17 years old.

The Juvenile Justice Reinvestment Act, as House Bill 380 is entitled, would try 16- and 17-year-olds as juveniles unless the charge is a serious felony. There is an option for adult trials for less serious felonies.

The bill takes two other steps to address juvenile crime. It sets up “school-justice partnerships with local law enforcement agencies, local boards of education, and local school administrative units with the goal of reducing in-school arrests, out-of-school suspensions, and expulsions” and mandates juvenile-justice training for law-enforcement officers.

The bill has good bipartisan support.  Almost everyone understands that it makes no sense to automatically put 16-year-olds into adult court. That includes law-enforcement officers and prosecutors as well as advocates outside the system.

Data shows a 7.5 percent decrease in recidivism when teens are tried in the juvenile system. Further, when youthful offenders are prosecuted in the adult system the recidivism rate is 12.6 percent higher than the overall population.

HB 380 would allow the system to treat youthful offenders as individuals. Some are accused of crimes so heinous that the decision must be made in an adult court, but most have not. They deserve the chance to put their errors behind without a criminal record that will follow them around for the rest of their lives.  There are currently laws in place to make for easier expungements for crimes committed at age 16 or 17.

Now that New York has moved forward on this issue North Carolina cannot be the only state to treat 16 and 17 year olds like adults for criminal purposes.

If you are charged with a misdemeanor offense and are 16 or 17 years old contact The Law Offices of Wiley Nickel, PLLC for a free consultation.  We handle cases for 16 and 17 years olds in adult criminal court and hope that the law changes soon.  You can reach juvenile defense lawyer Wiley Nickel at 919-585-1486 for a free consultation.  We also handle juvenile cases for those charged with a crime under the age of 16.

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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.

Choosing the wrong craft beer could lead to a North Carolina DWI

Choosing the wrong craft beer could lead to a North Carolina DWI

Not every beer is created equal. As many have noticed, Craft Breweries are popping up all over the triangle, it’s a booming industry growing every day taking over 12% of the market share of the overall beer industry. Most of these unique breweries are selling craft beers which have a higher percentage of alcohol than the beers you buy in the store.  

More sophisticated beer drinkers today than yesteryear...means a higher % ABV

Historically US beer drinkers have preferred a lighter lager type beer like Budweiser or Bud Light which still remains one of the top sellers in the US. The American beer palate has been shifting to a more sophisticated beer with unique and high quality flavors. Along with this unique taste comes a higher ABV (alcohol by volume). As the passion for craft beers keeps growing so is the percentage of alcohol per beer. Most craft beers range from 5-10% ABV (alcohol by volume), but some craft beers can reach 20%, 30%, and even 40% ABV! Click here. Compare this to the 2.5% ABV in Budweiser Select 55 and Miller Genuine Draft Light.

A craft beer can equal 3-4 cans of a regular ol’ beer like Coors

So when you walk out of your favorite new brewery and think you've only had 2 beers, it might be quite deceiving. Driving home after 1 beer can seem reasonable but not when that 1 beer has an ABV of 10% or 20%.

Arm yourself with some info, BEFORE you order that black IPA

Information is knowledge, so when you order your next craft beer ask about the ABV content. In most craft brewpubs, the ABV is also listed on the boards where they have all the beer options.

Contact a Raleigh DWI Lawyer. If you have been charged with a DWI in Wake County, North Carolina Attorney Kristi Haddock and Attorney Wiley Nickel are here to help. They offer free consultations. You can reach the Law offices of Wiley Nickel at 919-585- 1486.

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Wiley Nickel

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

North Carolina Driver’s License Restrictions for those Convicted of DWI

When the North Carolina Division of Motor Vehicles (DMV) restores a person’s North Carolina driver’s license after it has been revoked for DWI the license is restored subject to certain specific conditions for BAC and ignition interlock. (See Do I have to get interlock if I have a DWI? for more info)

First Time DWI in North Carolina

If your license was revoked for impaired driving and this is the first time your license has been restored your license is restored subject to the condition that you not operate a vehicle with a blood alcohol concentration (BAC) of 0.04 at any time after driving. 

If your license was revoked for DWI under 21, your license is restored subject to the condition that you not operate a vehicle with a blood alcohol concentration of 0.00 at any time after driving. 

As part of getting your license back you must agree to submit to a chemical analysis (breath, blood or urine test) at the request of a law enforcement officer who has reasonable grounds to believe that you are operating a motor vehicle in violation of your license restrictions. You must also agree to be transported by the law enforcement officer upon his/her request to the place where a chemical analysis can be administered.  Unfortunately the law says that driving is a privilege, not a right so they can do this sort of stuff post-DWI conviction.

If you drive in violation of license restriction that is the equivalent of operating a motor vehicle without a license.  So if you blow above the 0.04 (or 0.00 depending on your respective driving conditions) you commit the offense of failure to comply with a license restriction which is a Class 3 criminal misdemeanor in North Carolina.  The police must complete an affidavit indicating the restriction was violated and then mail the affidavit to DMV. Upon receipt of a properly executed affidavit the NC DMV must notify you that your driver’s license is revoked for one year.

Ignition Interlock Violation Penalties

In addition to imposing alcohol concentration BAC restrictions the NC DMV must require ignition interlock for drivers whose licenses are restored following a conviction for impaired driving if:

  • You had an alcohol concentration of 0.15 or more.
  • You were convicted of a second offense of DWI, which happened within seven years of the offense for which your license was revoked; or
  • You were sentenced to an Aggravated Level One DWI.

An ignition interlock restriction requires the following:

  • You may operate only a vehicle that is equipped with ignition interlock.
  • You must personally activate the ignition interlock system before driving the motor vehicle.  So obviously someone else can’t blow into the ignition interlock for you.
  • You have an alcohol concentration restriction of 0.04 or 0.00 depending on the facts of your case.

If you violate an ignition interlock restriction you commit the offense of driving while license revoked for impaired driving (DWLR).  This is a Class 1 Misdemeanor in North Carolina.  If a magistrate finds probable cause for driving while license revoked based on an ignition interlock violation, the magistrate must notify you that your license is suspended pending the resolution of the case and must require you to surrender you license.  The magistrate must also inform you that you are not entitled to drive until the case is resolved.

Contact a Wake County DWI Lawyer

If you violated a BAC condition or an ignition interlock condition as part of your post-DWI driving privilege please contact The Law Offices of Wiley Nickel for a free consultation.  Raleigh DWI Lawyer Wiley Nickel handles DWI cases and DMV issues in the Wake County, North Carolina area.  Our office is located in Cary, NC and our office number is 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.

Do I Have to Comply at a DWI Checkpoint?

DWI-Checkpoint-Wake-County

DWI checkpoints in North Carolina may seem like they infringe on your Fourth Amendment rights to be free from unreasonable searches seizures. However, the United States Supreme Court held in the 1990 case of Michgan Dept. of State Police vs. Sitz that checkpoints are in fact constitutional. Essentially, the court found that the benefit of stopping drunk drivers was greater than the burden of temporarily stopping drivers who went through the checkpoint.

You may find yourself in a line of cars one night waiting for an officer to briefly speak to you. When the officer approaches your car, you should roll down the window to hand the officer your driver’s license and registration if it is requested. If the officer suspects that you have been drinking or that there is a motor vehicle violation, she may ask you to pull over for further investigation. You do not have to answer any questions she asks you, such as if you have been drinking or where you are coming from.  If the officer has reasonable suspicion that you have been drinking, she may ask you to perform roadside sobriety tests, such as the one-legged stand, the walk and turn, or the HGN test. You do not have to do these tests, but your refusal to do so can be used against you in court. But, without results from these tests, the State will have to overcome the burden that the officer had probable cause to arrest you.

Even without these tests, if the officer believes you are too impaired to drive, she may arrest you. She will then ask you to step into an onsite bus to submit to a breathalyzer test. If you refuse to take this test, you will lose your license for one year in North Carolina. However, you have the right to request that someone be present with you at the test to witness it. The officer will allow the person 30 minutes to arrive before giving the test. If the person does not arrive after 30 minutes, the officer will go on with the test.

If you have been arrested for driving while intoxicated due to a checkpoint stop, contact The Law Offices of Wiley Nickel to discuss how we can help with your case. The Law Offices of Wiley Nickel, PLLC is located in Cary, NC near Harrison Avenue and Weston Parkway. For a free consultation call attorney Wiley Nickel or attorney Kristi Haddock at 919-585-1486 or email at wiley@wileynickel.com or kristi@wileynickel.com

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Wiley Nickel

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

Can I Be Charged With a DWI If I Haven’t Been Drinking?

Wake-County-DWI

Alcohol does not necessarily need to be involved to be charged and convicted with a DWI in North Carolina. Based on NCGS 20-138.1, “a person commits the offense of impaired driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this State . . . while under the influence of an impairing substance.”

According to Shea Denning of the UNC School of Government, an impairing substance can be alcohol or a controlled substances, including illegal and legal drugs. Essentially, any drug that impairs one’s ability to drive can be considered an impairing substance.

These substances may not necessarily register on a breathalyzer, but North Carolina officers can still arrest you if they suspect that you are under the influence of an impairing substance. Instead of requiring a breath sample, the officer may request a blood sample. If you refuse to give one, the officer may apply for a warrant to take blood. In some situations, blood may even be taken without a warrant if the officer can prove exigent circumstances existed.

If you have been charged with a DWI in Wake County, contact The Law Offices of Wiley Nickel in Cary, NC, for a free consultation. Our office is conveniently located off of the Harrison Ave. exit of I-40 on Weston Parkway. We serve all areas of Wake County, including Raleigh, Cary, Apex, and Wake Forest. Call us at (919) 585-1486 for more information about how we can help you with your DWI case. 

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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.

Get your license back after multiple DWI Convictions in North Carolina

If you are convicted of a second North Carolina DWI within 3 years, you face a 4 year suspension of your driver’s license, as mandated by the Department of Motor Vehicles. However, after 2 years you qualify for a discretionary restoration hearing. The hearing process is quiet lengthy, and when your license is suspended every day counts!

First, ahead of your eligibility date (2 years since your conviction), you may request a “pre-hearing interview.” At this pre-hearing meeting you and your attorney will meet with DMV officer to review what is expected before the restoration hearing is scheduled.

After your pre-hearing interview, you will have a short 90 days to get an FBI background check, a substance abuse evaluation conducted by a certified evaluator who is on the recommended DMV list, get applicable criminal background checks and DMV records, and solidify at least 3 witnesses willing to testify at your restoration hearing.

Once the DMV officer receives all of the required paperwork, a hearing date will be set. At the hearing you must have at least 3 witnesses who will testify on your behalf.  These witnesses are very important to the process and need to be fully prepared for the questioning.

Attorney’s Kristi Haddock and Wiley Nickel are ready to guide you through this process. When your ability to drive is at stake, you cannot afford to cut corners. Call our office for a free consultation today at 919-585-1486.  Our office is located in Cary, North Carolina.

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Wiley Nickel

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

Hire an attorney before you are charged, and take control of your charges.

Were you involved in an altercation that you fear will lead to criminal charges? We can help you prevent criminal charges from being filed. At The Law Offices of Wiley Nickel, our criminal defense attorneys are here to help you regardless of the stage of your case. If a co-worker, neighbor or family member is threatening to press charges, we can help. If police officers have stopped by your home or work to question you, we can help.

When criminal charges are looming, you must act fast. We will call the local police department, or sheriff’s office to investigate the allegations against you. In some instances, we can prevent charges from ever being brought. If charges are filed against you, we can help control if and when you are arrested. There is nothing more embarrassing than being arrested at work, and nothing less convenient than being arrested in the middle of the night. Let us help you work with the police from the beginning to make your experience with the legal system as smooth as possible.

Call our attorneys, Wiley Nickel and Kristi Haddock, for a free consultation.

 

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Wiley Nickel

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

North Carolina DWI Myths & Bad Advice

You’ve likely heard the different myths and urban legends about avoiding a driving while under the influence offense: putting a penny under your tongue will disrupt the Breathalyzer; gum will hide the odor of alcohol; if a cop doesn’t wear his hat the charge is invalid. Are any of these true?

 

 

    No, they are not. You cannot beat a DWI by eating peanut butter, by asking to see the officer’s badge, or by drinking mouthwash. In fact, many of these can actually hurt you. For example, if you are pulled over for drinking under the influence and it is obvious to the officer that you recently popped a mint or piece of gum, this could be a factor considered if the officer decides to arrest you for driving while intoxicated.

 

    There are methods that can help you beat a DWI though. If you are stopped for a DWI in North Carolina, you have the right to refuse roadside standard field sobriety tests, such as the walk-and-turn and the one-legged stand. You are even allowed to refuse the portable breathalyzer test (PBT) given by your car at the road-side. However, do know that if you refuse the actual breathalyzer test given at the police station or refuse to give blood, your license will automatically be suspended for one year.

 

    If you are pulled over and charged with a DWI in Wake County, North Carolina, contact The Law Offices of Wiley Nickel, PLLC, to talk to us about your case. We can be reached in Cary, NC at (919) 585-1486 or you can contact DWI Lawyer Wiley Nickel directly at wiley@wileynickel.com.

 

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Wiley Nickel

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

Driving While License Revoked in Raleigh, North Carolina

Getting a ticket for driving while license revoked (DWLR) is a serious offense, and you need the representation of an experienced Raleigh traffic ticket attorney. In North Carolina, DWLR is a Class 3 misdemeanor that can carry an active sentence of up to 20 days in jail and hefty fines. A conviction of DWLR also carries automatic revocation of your license for one year. Any subsequent convictions of DWLR can lead to a permanent revocation of your North Carolina driving privileges.

Our goal is to get you back on the road

We realize that not having a valid driver’s license can create tremendous hardships on you and your family. Our client’s ability to drive is an essential part of their daily existence and we will do everything in our power to get your driving privileges reinstated. If your license has been taken away because of old traffic tickets or unpaid fines, our firm can help you clear up those matters so that you will be eligible to obtain a valid driver’s license.

Aggressive DWLR defense in Raleigh, NC

There are multiple ways to fight a DWLR, if you hire an experienced traffic and criminal defense attorney. Our attorneys are in traffic court on a daily basis. We carefully analyze each individual case and will work with prosecutors to get your traffic matter dismissed or plead down to a lesser offense.  It’s also important to make sure that the State of North Carolina can prove their case against you beyond a reasonable doubt and this means making sure that the police show up to court, that they had reasonable suspicion to pull you over and that when they show up to court they have a certified copy of your North Carolina driving record in order to prove the required elements of the case against you. For many clients, a Prayer for Judgment Continued (PJC) is also an option, we fight hard for PJCs in necessary cases. At The Law Offices of Wiley Nickel, our goal is to save you time and money and get you back on the road as soon as possible.

Contact us for a Free Consultation

Call The Law Offices of Wiley Nickel at (919) 585-1486 for a free consultation with an experienced DWLR attorney. We proudly serve the areas of Raleigh, Cary, Apex, Morrisville, and throughout Wake County.

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Wiley Nickel

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

What Happens When I Call The Police for a Domestic Violence Matter in Wake County?

Many of our clients are caught up in a system that generally always arrests someone when (1) police are called to a home for a report of domestic violence and (2) there was a very minor scuffle involving a minor injury.  Most people are very surprised to find out that an arrest and then possible 48 hour hold in jail are possible when there is a domestic dispute involving injuries that can be as minor as redness on an arm or a small scratch mark on an arm.

System is Un-Fair to Female Victims

Many of our clients are females who are arrested for domestic violence.  In many cases they are the one who called the police to their home over an incident of domestic violence.  Because the police generally arrest someone when they arrive at a home based on a domestic violence call (and there is some type of minor injury) many female clients are shocked to find out they are the ones who get arrested.  The police will generally arrest someone if they can see a visible injury or one party admits to pushing or pulling the other.  A visible injury could be as small as a scratch on an arm, redness from arm grabbing or simply a statement that someone pushed the other person.  The system is especially unfair to women because they often defend themselves by scratching.  On the flip side a man might be more likely to push or punch a female and a bruise from that assault would not show up for several hours.  So when the police arrive and see no visible injuries on the female and a minor defensive scratch mark on the male it often ends up being the female who is arrested.

Do Not Speak to Police Without An Attorney Present

The main advice we can give is not to speak to the police without a lawyer present.  Many of our clients end up making admissions to criminal assault during an initial encounter with an officer.  If you are under suspicion of criminal assault or domestic violence you should not answer questions without first speaking to a lawyer.

Raleigh Assault Defense Lawyer Wiley Nickel

Our legal team is focused on providing counsel for matters of criminal law. Attorney Wiley Nickel and Attorney Kristi Haddock put all of their resources, skills, and knowledge to work in defending your case. They places the highest value on providing personalized representation, as well as ensuring that our clients feel confident and comfortable throughout the process. You can trust your assault case to the effective and dedicated attorney The Law Offices of Wiley Nickel.  Our office is located in Cary, NC and we handle criminal defense matters for Wake County.  Please call us at 919-585-1486 for a free consultation or message Attorney Nickel directly at wiley@wileynickel.com.

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Wiley Nickel

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

Raleigh Assault Defense Lawyer Wiley Nickel

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Gain a Proven Raleigh Attorney in Your Corner

At The Law Offices of Wiley Nickel, the experienced team knows that you are looking for passionate and aggressive legal advocacy to fight your Wake County assault charges. Attorney Wiley Nickel has earned a reputation for his personalized and effective approach to building defense cases. He aims to develop strategies that portray his clients in the best possible light while effectively protecting their rights and fighting for their futures.

Attorney Nickel has become an established and trusted advocate for the accused in Raleigh. He has acquired comprehensive knowledge of criminal law as well as an ability to negotiate positive outcomes before a trial even begins. With his representation, you can face your assault charges with confidence.

Call (919)585-1486 for a free consultation.  If it is after hours you can leave a message that will be sent to one of our lawyers by email.

Advocating for Reliably Accessible Legal Counsel

At The Law Offices of Wiley Nickel, our attorney's goals are to be accessible, open, and honest. They understands that the best way to defend your case is to build trust and to explore all of your options. When you bring your case to this firm, we will take the time to fully understand your charges and investigate the situation so that we can take the right steps to protect your freedom.

Common assault cases Attorney Nickel represents include:

  • Assault on a Female

  • Weapons charges

  • Assault & Battery

  • Domestic violence

  • Child abuse

  • Assault on an officer

  • Carrying a concealed weapon

  • Assault with a deadly weapon, including firearms

  • Felony possession of firearm

  • Communicating threats

  • Stalking

  • Simple Assault

Concentrating on Criminal Defense

The legal team is solely focused on providing counsel for matters of criminal law. Attorney Wiley Nickel and Attorney Kristi Haddock put all of their resources, skills, and knowledge to work in defending your case. They places the highest value on providing personalized representation, as well as ensuring that our clients feel confident and comfortable throughout the process. You can trust your assault case to the effective and dedicated attorney The Law Offices of Wiley Nickel.  Our office is located in Cary, NC and we handle criminal defense matters for Wake County.  Please call us at 919-585-1486 for a free consultation or message Attorney Nickel directly at wiley@wileynickel.com.

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Wiley Nickel

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

Underage Drinking Penalties

      Do I need a lawyer?

       In most cases, getting charged with an underage drinking ticket could result in fines, probation, loss of license and possibly jail time. Additionally, the offender can be held responsible for anyone under the age of 21 they have given alcohol to.  For many the real damage is the effect a charge has on one’s reputation in terms of school applications, rental housing rejections and most importantly for background checks as part of the employment process.

      How can we help?

       You may be eligible for a deferral program that would lead to a dismissal and then an expungement as long as you have no previous criminal convictions, have never participated in a deferral program, and have been charged with one of the following charges: misdemeanor possession of alcohol under the age of 21, possession of false identification, aiding and abetting underage possession of alcohol or selling alcohol or tobacco to minors.

       A lawyer could help to get the charges reduced or dismissed. You may have to perform community service or take alcohol classes in order to secure a dismissal

       Finally, a lawyer can help to get the charges removed by way of the expungement process.  Even if the case is dismissed a record remains visible to the public forever unless it’s expunged.

- Wake County Underage Drinking Lawyer

Contact The Law Offices of Wiley Nickel for a free consultation.  We will walk you through the process and explain your options.  Our office is in Cary, North Carolina 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.