Shoplifting Charges in Raleigh NC

Shoplifting/Concealment in Wake County

We routinely represent both kids and adults charged with shoplifting.  For many this is the first time they have had to attend Court. In North Carolina those 16 years of age and older are charged as an adult for criminal purposes. Because it’s an adult crime the charges do not get cleared when those who are 16 and 17 turn 18. Any charges after age 16 will be on your record for life unless it is erased through the expungement process. Don’t let a mistake at a young age ruin your chances to get your dream job, our Wake County shoplifting lawyers can help walk you through the process to fight these charges.

If you are an adult charged we understand you may be ashamed or embarrassed to talk to anyone. Any call to our office is confidential and protected by attorney-client privilege. We will listen to you and perhaps even help you avoid the usual preliminary Court appearance. Whether you were falsely accused or suffered a lapse in judgment let us help you escape a potentially life changing event.  The goal for most clients is a dismissal and then a North Carolina expungement.

First time offenders of any age are often eligible for community service in exchange for a dismissal. This is an opportunity wasted by too many who attend Court unrepresented and leave with a criminal record. Don't let this happen to you. Call Raleigh Larceny Lawyer Wiley Nickel to find out how we can help fight for a dismissal of your charge or enter into a community service deal for a dismissal.

You may receive a Civil Demand letter from an out of state lawyer on behalf of retailers like Walmart, Target, Belk or Kohl's demanding $150.00 as a Civil penalty pursuant to NCGS 1-538.2.  This is a totally separate civil case and not part of the criminal case.  We can explain how it is different and explain the process to deal with the civil demand letter.

If you were charged with Larceny, Shoplifting or Concealment in Wake County or Durham County, NC contact Attorney Wiley Nickel or Attorney Kristi Haddock at 919-585-1486 for a free consultation.

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Wiley Nickel

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

Have You Been Charged With Misdemeanor Larceny for the First Time?

Wake-County-Larceny

If you have been charged with misdemeanor larceny or shoplifting, and it’s your first criminal charge, you may be eligible for the First Offender Program in Wake County. Upon successful completion of the program your case would be dismissed, and then may be able to be expunged from your record completely. If your case is expunged, it will not show on any background check that you had ever been charged in the first place.

The Wake County First Offender Program for misdemeanor charges generally will require you to complete 75 hours of community service at a non-profit organization and not be arrested again for one year. Attorneys Wiley Nickel and Kristi Haddock can help you navigate Wake County District Court to make the process less stressful. The Law Offices of Wiley Nickel will assist you to make sure you find a non-profit that is eligible for the program so you can successfully complete it. We will also advise you on any other requirements the Wake County District Attorney would like you to complete in order to have your charge dismissed. Additionally, we may be able to help you get the charge expunged after dismissal.

Contact The Law Offices of Wiley Nickel at (919) 585-1486 to see how we can help with your misdemeanor larceny charge in Wake County. We serve all areas of Wake County, including Raleigh, Apex, Morrisville, and Cary. 

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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, North Carolina, Felony Larceny Defense Attorney

Information for those charged with felony larceny in the raleigh nc area for removing an anti-theft device at wal-mart, kohl's, target or belk.  Raleigh Larceny Lawyer Wiley Nickel explains the process for those charged with this crime.

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New changes to NC Gen. Stat. 90-96 help first time offenders in North Carolina

The Justice Reinvestment Act (JRA) (S.L. 2011-192) has made several changes to areas of criminal law. Most notably for criminal law, the changes allow me to help first time offenders under North Carolina General Statute 90-96, which allows for a conditional discharge for certain drug offenders. As of January 1, 2012, the new statute allows a convicted defendant to consent to being placed on probation without the court actually entering judgment.  If the person fulfills the terms and conditions of the probation, the statute reads that the court shall dismiss the charges against the defendant. If however, the person violates a term or condition of the probation, the court may enter an adjudication of guilt and sentence the defendant. Successful defendants may apply for an expunction of the dismissed charge which is one of the services we offer for clients who enter the first offender’s program.

The defendants that are eligible for the conditional discharge are those who have a clean criminal record and are charged with any misdemeanor or felony simple possession of controlled substances crime under G.S. 90-95(a)(3), regardless of the substance schedule or amount, and/ or possession of drug paraphernalia under G.S. 90-113.22. This is expansive, as the old statute would only allow a 90-96 to be used for defendants charged with possession of cocaine.  We have placed clients charged with larceny into this program among other crimes charged.  The program fee is $250 in addition to court costs around $188.  You are also required to complete 75 hours of community service in Wake County.  You are able to choose where you do the community service as well.

If you have any questions, or would like to see if a conditional discharge would be appropriate in your pending charges, please give us a call today at 919-585-1486 to speak with a Raleigh first offenders lawyer at the Law Offices of Wiley Nickel, PLLC.  Our office is centrally located in Cary and you can reach us by e-mail for a free consultation 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 Misdemeanors Attorney

At The Law offices of Wiley Nickel, PLLC our Cary Misdemeanors Attorney provides aggressive criminal defense of a wide range of charges. First time offenders are often eligible for the first offenders program in Wake County whereby community service is performed to earn a voluntary dismissal of the charge.

Criminal Defense Lawyer Wiley Nickel is a former prosecutor with years of experience in the criminal justice system. A strong fighter in defense of his clients, Wiley Nickel understands the lifelong impact that a misdemeanor conviction can have on your job prospects and reputation in the community. Please call us today at (919) 585-1486 to schedule your free consultation or contact us online.

Our Misdemeanors Attorney Defends Against:

Shoplifting and Misdemeanor Larceny - shoplifting, or concealment of merchandise, is a class 3 misdemeanor punishable by up to 20 days in jail and is often charged when items are concealed while still on store property. First time offenders are eligible for a diversion program to earn a dismissal of the charge.

Misdemeanor larceny, a class 1 misdemeanor punishable by up to 120 days in jail, is charged where the item taken is valued at less than $1000, is not the result of a breaking and entering, and the individual has exhibited the intent to deprive the owner permanently of its use. For first time offenders, Wake County offers a diversion program upon completion of community service in order to earn a voluntary dismissal.

Resist, Delay or Obstruct a law enforcement officer – A class 2 misdemeanor punishable by up to 60 days in jail where the offender interferes with an official duty being carried out by law enforcement. This can include running or resisting the police during an arrest, lying to an officer about your name or the whereabouts of an individual when an arrest warrant is being served, or interfering with an officer who is carrying out an official duty.

Damage or Injury to Personal Property and Real Property – Includes damage or destruction to buildings, land, or personal property such as vehicles, and punishable as a class 1 or class 2 misdemeanor.

Trespassing – Defined as remaining on property after being notified not to enter or remain on the premises, and punishable as either a class 2 or 3 misdemeanor.

Disorderly Conduct and Public Disturbance – Charged as a class 2 misdemeanor, these offenses involve public fighting, the public use of abusive language or gestures, blocking entry to a public building, disrupting the education of students in a public or private school or disruption of a religious service.

Simple Assault and Simple Affray – Both class 2 misdemeanors, simple assault is any offensive contact or the apprehension of harmful physical contact by another person. Simple Affray is defined as engaging in fighting in a public place.

Communicating Threats, Stalking, Cyberstalking, and Harassing Phone Calls – Can include threats of harm to another where it is reasonable to believe the threat could be carried out, as well as repeated contact with another in person, by phone, text or email where the purpose is to harass, threaten, or annoy the alleged victim.

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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.

New Changes to Misdemeanor Crime Sentences in North Carolina - Penalties will be lowered

The new budget contains provisions that will impact misdemeanor sentencing and the appointment of counsel.  This change will effect thousands of cases each year.

Republican leaders in both chambers have endorsed the bill. The General Assembly is expected to approve it in the next two days, and Governor McCrory is expected to sign it.

Change to Structured Sentencing grid.

 

Section 18B.13.(a) of the budget changes the misdemeanor Structured Sentencing grid as follows, effective for offenses committed on or after December 1, 2013:

 

Many Class 3 misdemeanors will only be punishable by a fine.  The same section states that “[u]nless otherwise provided for a specific offense, the judgment for a person convicted of a Class 3 misdemeanor who has no more than three prior convictions shall consist only of a fine.” Fines for Class 3 misdemeanors generally may not exceed $200. G.S. 15A-1340.23(b).

In addition to changing the punishments for Class 3 misdemeanors, the budget also creates more of them. Section 18B.14 reclassifies a number of misdemeanors – most currently Class 2 – as Class 3 offenses. The new Class 3 misdemeanors include:

» Obtaining property by worthless check, G.S. 14-106

» Simple worthless check, G.S. 14-107

» Failure to return hired property, G.S. 14-167

» Conversion by bailee, G.S. 14-168.1

» Failure to return rental property with purchase option, G.S. 14-168.4

» DWLR, G.S. 20-28 (unless revoked for DWI, then still Class 1)

» Certain motor vehicle misdemeanors that were Class 2 under G.S. 20-35, including: » Most NOLs, G.S. 20-7

» Failure to tell DMV of address change by driver, G.S. 20-7.1

» Allowing vehicle to be driven by unlicensed person, G.S. 20-34

» Certain motor vehicle misdemeanors that were Class 2 under 20-176, including: » Failure to carry registration card in vehicle, G.S. 20-57(c)

» Failure to sign registration card, G.S. 20-57(c)

» Failure to tell DMV of address change by vehicle, G.S. 20-67

» Certain license plate/registration violations, G.S. 20-111

» Window tinting violations, G.S. 20-127(d)

» Misdemeanor speeding, G.S. 20-141(j1)

» No insurance, G.S. 20-313(a)

» Repeat fishing without a license, G.S. 113-135(a) (referring to 113-174.1 and -270.1B)

Also, section 18B.15 of the budget reclassifies a number of boating safety offenses from Class 3 misdemeanors to infractions.

 

A main goal of these provisions was to save money on court appointed counsel for indigent defendants.  The report states that IDS’s budget (the agency that provides money for court appointed lawyers) will be reduced by $2,000,000 annually because the budget “[r]eclassifies low-level misdemeanors that rarely result in incarceration as Class 3 misdemeanors or infractions and modifies the sentencing structure for Class 3 misdemeanors so that the first three charges are fineable offenses. With no possibility of incarceration, these offenses do not require legal counsel.”

The changes made by the budget will provide that a defendant charged only with a Class 3 misdemeanor, and who has no more than three prior convictions, will be facing a potential sentence of a fine of $200 or less. 

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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 Larceny Charges Lawyer

Larceny charges carry serious penalties. A conviction could lead to fines, restitution and even jail time in some cases. In addition, there is the impact that a conviction can have on your employment opportunities. These consequences can be avoided with the help of a Raleigh larceny charges lawyer.

At the Law Offices of Wiley Nickel, PLLC we have experience helping minimize or eliminate the consequences of larceny charges. Our experience with larceny and shoplifting charges means we know the ins and outs of the criminal justice system. We will guide you through it carefully, protecting your constitutional rights and civil liberties. Contact our North Carolina criminal defense law firm to arrange a free initial consultation.

Compassionate Defense from a shoplifting and Larceny Attorney in Wake County

Larceny is a theft crime that involves taking property from another individual or business without consent. One of the most common forms of larceny is unlawful concealment, which is also referred to as shoplifting.  Often you can be charged simply because you were with someone who stole property even though you knew nothing about his/her plan to steal the goods.

Larceny charges and the penalties associated with them are tied to the value of the property that was allegedly stolen. Most commonly, larceny is considered a misdemeanor. In cases in which the value of the stolen property is $1,000 or greater, it may be considered a felony, which opens you up to much larger penalties.

Our Raleigh larceny charges attorney will fight these penalties aggressively. As a North Carolina criminal defense law firm focused on defending people in Wake County, we understand the court procedure needed to defend your rights.  We understand the criminal justice system.  When you choose us to defend you, you can be confident in our ability to pursue every option we can in order to find the best possible outcome for you.

Contact a North Carolina Shoplifting Lawyer

Our larceny defense representation is available to residents of the Raleigh area, as well as people who were charged while visiting the area.  We offer reasonable fees.  Payment plans are available and credit cards are accepted. Contact us for a free initial consultation with a Raleigh larceny charges attorney.

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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.