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Class 1 Misdemeanor in North Carolina
Class 1 Misdemeanor in North Carolina

Charged with a Class 1 Misdemeanor in Apex? Now what?

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

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

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

·         Communicating Threats (NCGS 14-277.1)

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

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

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

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

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

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

What are the consequences for a Class 1 Misdemeanor in North Carolina?

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

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

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

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

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

Wake County DMV Hearing Attorney
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In the state of North Carolina, the DMV has the authority to suspend your license. However, you may be fortunate enough to be able to fight the DMV at a hearing to stay on the road or have your license reinstated. It is strongly advised that an experienced DMV Attorney handles your case.  

At the Law Offices of Wiley Nickel no matter what type of hearing you have, our experienced DMV attorneys know how help prepare you and fight to keep your license or to reinstate your driving privileges. We will work tirelessly to fight for the best possible outcome.

Types of DMV Hearings 

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

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

-          Driving While License Revoked Hearing: After three or more moving violations, the DMV will revoke your license permanently.

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

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

Consequences to Multiple DWI’s

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

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

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

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

Law Firm Located in Raleigh, NC

Our main office is located at 2401 Weston Parkway in Cary, NC off exit 287. However, we also have another location in Apex, NC.

The Law Offices of Wiley Nickel, PLLC

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

Drug Possession Lawyer in Apex NC
Apex Drug Crimes Lawyer

Drug Possession Lawyer in Apex North Carolina

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

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

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

North Carolina Drug Laws

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

Simple Possession of Marijuana - less than ½ ounce

Misdemeanor Possession of Marijuana - more than ½ ounce

Misdemeanor Possession of Drug Paraphernalia - Marijuana

Felony Possession of Marijuana - 1.5 ounce to 10 pounds

Felony Possession of Marijuana with Intent to Sell or Distribute

Felony Sale or Delivery of Marijuana

Felony Cultivation of Marijuana

Trafficking Marijuana

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

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

The alcohol laws in North Carolina also prohibit things like:

Giving alcoholic beverages to minors

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

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

Aiding and abetting underage persons

Fraudulent use of identification or fake ID

Allowing use of false identification

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

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