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When Can the Internet Get You Into Trouble?

Mon, 29 Oct 2018 16:00:00 GMT

Most people in America use the Internet each day, often for school and work. No matter why you use the Internet, you may find yourself in a precarious situation in which you are unsure if you have done something illegal.

You have reason to be concerned. The Internet has developed new ways to commit crimes, sometimes even by performing a web search for a topic that could be misconstrued. These are the most common kinds of crimes committed on the Internet.

Read on to learn more about Internet crimes and what you might be facing.

Crimes Involving Child Pornography

Pornography involving minors (anybody under the age of 18) is illegal in any form, and the crime is a federal offense. Many people believe they need to download images to be charged with a crime, but that is not true. Your computer often stores images you look at and pages you view in its cache.

The penalties for child pornography are strict, especially because they are meant to help children avoid victimization. If you are convicted of this kind of crime, you face years in prison and the requirement to register as a sex offender in the state of North Carolina.

Based on your search history, prosecutors can determine if you search something accidentally. Accidental searches are not considered criminal, but sometimes investigations make mistakes. For this reason, you need an attorney who understands the child pornography laws in your state.

Crimes Involving Illegal Downloads

Downloading copyrighted material is illegal in spite of the fact that many people use the web to download movies, music, and television shows. This material is owned by the copyright holder, not the person who puts the material out there to be downloaded.

One of the biggest penalties for illegally downloading these materials includes hefty fines. You could face a sentence in jail or prison if you are a repeat offender, so you should still hire an attorney to represent your rights.

You cannot be charged for simply searching for copyrighted material to download, but your searches could be the impetus for further investigation. Additionally, you may find yourself in court even if you accidentally downloaded material. You need an attorney to ensure the investigation does not harm your rights.

Crimes Involving Searching for Sensitive Terms

Many people become afraid they will be put on a list for searching for specific terms, including those related to murder and death. Doing research on whether or not you broke a law is not illegal. On the other hand, these search materials could be used as evidence if they are part of a larger investigation into a crime or if you are suspected of trying to plan a crime.

Defense Against Internet Crimes

You need an attorney when you fight against Internet crimes. These crimes are sometimes tried in federal court based on the nature of the Internet. If you commit a crime involving child porn, for instance, you have committed a federal crime rather than a state crime.

Any of these crimes could be elevated to a larger crime if you use a government computer to commit a crime. Additionally, these crimes may be elevated if they include minors. You need a lawyer who understands the best way to keep your rights secure and to prevent you from facing consequences when you are innocent.

Do you think you might be in trouble with the law for something that happened online? Call Barrett & Howell Attorneys at Law . Set up a consultation with a knowledgeable attorney to learn more about Internet crimes. You have rights, even on the web.

What Is Double Jeopardy?

Fri, 31 Aug 2018 16:00:00 GMT

Double jeopardy is a common term tossed around in legal cases in which a person is concerned about being charged twice for the same crime. In spite of the fact that so many people have heard of double jeopardy, many people do not understand how it actually works.

The history of double jeopardy dates back to Greek and Roman law. Today, the Fifth Amendment protects Americans from double jeopardy. Read on to find out how this law from the Bill of Rights applies to you.

THE LAW PROHIBITING DOUBLE JEOPARDY

Double jeopardy prevents an individual from being charged with the same crime twice. The court cannot try an individual who already served a sentence for committing the crime, whether it is murder or robbery.

Additionally, the flaw prohibits individuals from facing trial for the same charges after they are acquitted. An acquittal follows careful examination of evidence, and the court is supposed to respect the jury's decision.

In the case of a mistrial, the state typically has the right to pursue another trial in the future based on the same charges. For instance, a case in which the jury is undecided allows the prosecution to establish a new case with a new jury.

An exception is made for prosecutorial or judicial misconduct. Misconduct may include trying to sway the jury to convict the defendant of a crime outside the courtroom or participating in threatening behavior. Judicial misconduct may also include imposing harsher punishments than the law would ordinarily call for.

The reasons for these laws are plentiful. Without laws protecting citizens from double jeopardy, the courts could endlessly try individuals for the same crimes, which would be an abuse of power and finances. Additionally, this would take away decision-making power from juries and judges.

THE CONFUSION WITH DOUBLE JEOPARDY

One of the biggest sources of confusion surrounding double jeopardy was the fact that the amendment once applied to federal law. But today, each state uses the Constitution to establish precedent. No standardized version of double jeopardy exists for all the states, so each state can interpret the law differently.

Now, the major confusion comes from determining whether a person is being charged with the same offense. One case, Blockburger V. United States, determined that an offense qualifies for double jeopardy if it does not require additional evidence. One charge must be differentiated from the other.

Additionally, double jeopardy only refers to criminal court cases rather than civil cases. Administrative issues may also come with additional consequences. For instance, the DMV can issue administrative penalties in addition to penalties levied by a criminal court.

You can look at the O.J. Simpson case for a better understanding of how double jeopardy works in the United States. While Simpson was declared not guilty by the criminal courts, civil courts had the opportunity to try the case separately, finding him liable for two wrongful deaths.

Additionally, two separate sovereign states can try an individual for the same crime. Simply because an individual was acquitted in state court does not mean they cannot be tried in a federal court as well.

THE BEST WAY TO DEAL WITH DOUBLE JEOPARDY

Even though double jeopardy may be illegal in North Carolina, abusive prosecution tactics do happen. You can fight back against bullying by hiring a strong criminal defense attorney to protect your rights.

Are you facing a criminal trial? Do you have questions about whether double jeopardy applies in your case? Barrett & Howell Attorneys at Law may be able to help. Call our office to day to setup an appointment with professionals who undestand your needs.

The Immigration Impact of a Guilty Plea

Sat, 30 Jun 2018 16:00:00 GMT

Those who lawfully live in the U.S. under a work or travel visa or a green card may often tune out immigration-related discussions that focus on illegal immigration. But unfortunately, even a legal immigrant can quickly become illegal if he or she is convicted of a crime.

Federal immigration laws are very tough on crime, and the cases interpreting these statutes have expansively defined the types of crimes that can subject someone to deportation. Read on to learn more about the collateral immigration consequences of a guilty plea and what steps legal immigrants should take after being charged with a crime.

What Happens to Your Immigration Status If You're Convicted?

Pleading guilty or even entering a plea of no contest to certain crimes can be enough to subject a legal immigrant to deportation proceedings. And even entering a plea of not guilty won't protect an immigrant from deportation if they are later adjudicated guilty after a trial.

In general, two categories of criminal convictions can render a legal immigrant deportable: aggravated felonies and crimes of moral turpitude. Aggravated felonies are fairly self-explanatory and can consist of crimes like armed robbery or burglary, assault, rape, and murder.

However, crimes of moral turpitude is a much broader, and some might argue murkier, category. It can refer to both felonies and misdemeanors. These crimes are often seen as those that involve an extra level of negligence or dishonesty, like fraud, driving under the influence, domestic abuse, or falsification of legal documents.

But ultimately, whether your crime is deemed one of moral turpitude will depend on the statements of the arresting officer and the judgment of the Immigration and Customs Enforcement (ICE) agents who handle your case.

If you plead guilty to a crime that falls into one of these two categories, or are adjudicated guilty after a trial, a few things can happen.

The first is that you'll be subject to an ICE hold if you're required to serve any jail or prison time. This means that even once you've completed your state jail sentence, you may remain incarcerated until ICE agents are able to take custody of you and transfer you to a federal facility.

You'll then either be released without conditions, continue in detention, or be released pending deportation. In some cases, you may have a GPS device like an ankle bracelet placed on you so that ICE agents will be able to locate and deport you at a later time.

In other cases, you may not be subject to an ICE hold while in lockup but will instead be served with deportation documents after you've returned home. In the current political climate, you can usually assume you'll be taken into custody and deported at some point after you've been convicted of a felony or serious misdemeanor.

What Should Immigrants Do After an Arrest?

If you've been arrested and charged with a crime that could potentially subject you to deportation proceedings, talk to an attorney as soon as you can. Even if you're guilty of some or all of the criminal conduct you're alleged to have committed, you may have options short of pleading guilty or being convicted at trial.

For example, you may be permitted to plead guilty to a lesser offense that falls outside the bounds of either an aggravated felony or a crime of moral turpitude. In other situations, the evidence against you won't be admissible in court, requiring the district attorney to dismiss the criminal charges.

But only by consulting with an attorney will you have a better picture of the options available to you and how you can retain your legal immigration status. Call Barrett & Howell Attorneys at Law for a consultation.

Your Breathalyzer Test Might Not Be Accurate

Wed, 02 May 2018 16:00:00 GMT

When you have been accused of driving under the influence (also known as a DUI), the officer may ask you to perform a Breathalyzer test. The test might indicate that you were driving with a blood-alcohol level over the legal limit. Fortunately, Breathalyzer tests are not always accurate, and you can challenge the test in court to avoid a conviction.

Here are a few steps you can take.

Argue That the Breathalyzer Model Is Not Reliable

Some Breathalyzer models are not as reliable. For instance, an Ohio judge ruled that the Intoxilyzer 8000 is not scientifically reliable. This ruling has not happened in North Carolina, but it's still a possibility.

Find out the type of Breathalyzer that was used for your test and whether the particular model has a history of false positives.

Show That the Breathalyzer Was Not Properly Maintained

Even with a working Breathalyzer, the device must be properly maintained and in good working order. The operator must perform a 20-minute observation period to rule out potential false readings.

For a Breathalyzer to be accurate, the officer must calibrate it within six months to a year. Otherwise, the sensors might malfunction. If an attorney can find evidence that the Breathalyzer was not correctly calibrated, this development could strengthen your case.

Prove That the Breathalyzer Test Was Not Performed Properly

The officer must also properly time the collection of the breath sample. The sample must indicate that you were intoxicated while operating the vehicle. Try to remember exactly how the test was performed and inform your attorney. If you can obtain a video showing that the officer did not follow the correct protocol, the judge may dismiss your case.

Point Out the Inherent Flaws in Breathalyzers

Breathalyzers do not actually measure the amount of alcohol in your blood. Instead, they estimate the amount of alcohol that is in your blood based on your breath sample. Breathalyzers are more reliable than field sobriety tests because they rely on objective data rather than the subjective opinion of the arresting officer.

However, the Breathalyzer can often have a higher reading than a real blood alcohol test in which a scientist determines the exact percentage of alcohol in a blood sample. Therefore, you could argue that the Breathalyzer is not a sufficient way to prove that you committed a DUI.

Because a Breathalyzer is an indirect way to test your blood alcohol content, the test is influenced by outside factors, such as the ambient temperature at the time of the test, whether or not you were hyperventilating, and the atmospheric pressure. For this reason, you will want to work with an attorney who understands how Breathalyzers work.

Remember That Other Tests Can Also Be Inaccurate

While having your blood tested is often more accurate than a Breathalyzer, the technicians may make errors when performing the test. Some circumstances that could result in inaccurate tests are:

Vial mix-ups
Improperly refrigerated vials
Improperly sterilized equipment
Fermented blood samples

Each of these mistakes can produce a false positive. Your attorney can have your charges dropped by proving that the technician made one of these mistakes.

The liver can process one drink per hour. However, alcohol can remain in your urine for 80 hours, though it most typically remains in your urine for 6 to 24 hours. Still, testing your urine for alcohol is a much less accurate test because your urine will usually not be tested within two hours of your arrest.

Alcohol may not appear in your urine until two hours after the test. Therefore, your attorney might have an easier time arguing that your urine test should be disregarded.

A DUI is a very serious charge and you will want an attorney experienced with DUIs that can take your case. Barrett & Howell Attorneys At Law specializes in DUI, traffic tickets and license restoration. Call us today.

How to Have Your Driving Privileges Restored After a DWI

Fri, 02 Mar 2018 16:00:00 GMT

Some people lose their licenses for years because of mistakes they make behind the wheel. If you have had to go without a license for years, you may be able to fight to get your driving privileges restored. An attorney can fight in court for you to be able to drive again in the near future. The following guide walks you through a few things you may need to do to get your license back.

Prove that You Do Not Have a Drinking or Drug Problem

If you were convicted of a DWI, you might need to prove that you do not have an issue with alcohol or drug abuse. You can often do this by taking drug and alcohol classes where you are tested regularly for drug and alcohol use. This will show the judge that oversees your case that you have made a change in your life and are no longer making the same poor choices.

Prove that You Have Places You Need to Be

In order to get your driving privileges restored, you need to be able to establish that you have specific places that you need to go to on a regular basis. If you have children, you need to prove that you need to take them to and from school, to doctor's appointments, and any extracurricular activities they may participate in.

If you have medical issues that require you to go to the doctor on a regular basis, the judge will need to know. Also, you need to establish that you have a job that you have been at for an extended period of time. This will show the judge that you are trying to get your life back on track and are being responsible when it comes to your work ethic.

Prove that You Are Willing to Pay for High-Risk Insurance Coverage

For you to be able to have your driving privileges reinstated, you may need to pay for high-risk insurance coverage before the judge grants you the ability to drive again. A common form of insurance for high-risk drivers is SR-22 insurance. SR-22 insurance coverage often costs more than more traditional auto insurance policies because the insurance company views you as being a risk to insure.

You can get SR-22 insurance even if you do not have a car to insure. It is best to print off proof of your policy to show to the judge so that he or she can see evidence that you are trying to make positive changes in your life.

Prove You Have Paid All of Your Fines and Penalties

Before you try to get your driving privileges restored, pay off all of the fines and penalties that you owe. Showing that you are willing to pay off any financial obligations you accrued through the bad decisions that you have made is a sign that you are growing up and taking responsibility for your actions.

You can find out how much money you owe by contacting the courthouse that convicted you of your DWI. If you are not able to easily get the information on your own, your attorney should be able to get it for you.

When you're ready to fight to have your driving privileges restored, contact Barrett & Howell Attorneys at Law right away. Our team of attorneys can fight to show that you have made positive changes in your life and that you are ready to drive responsibly in the future. You may be able to have your diving rights fully restored or at least get a restricted license that lets you drive at specific times.

5 Things You Can Regain If You Qualify for an Expungement

Thu, 28 Dec 2017 16:00:00 GMT

Bad things can sometimes happen to good people. An arrest or criminal charge is one of these things. Unfortunately, if this has taken place, the blemish that appears on your record can hamper you for the rest of your life.

However, if you qualify for an expungement, or the sealing or cleaning of your criminal record, you may not have to live with this charge. As a result of the expungement, there is a wide variety of things you will regain. Here are a few.

1. EXPUNGEMENT WILL MAKE THE CHARGES DISAPPEAR

Did you know that anyone who wants to know what is on your criminal background can access this information through numerous sites on the internet? This information can then be used negatively against you.

One of the most important things that will happen when you have your record expunged is that the charge will go away. While your original arrest and charge may still be found by law enforcement, it is not able to be seen by the average person running a criminal background check.

2. EXPUNGEMENT WILL OPEN UP EMPLOYMENT OPPORTUNITIES

Most employment applications ask if you have been convicted of any offense outside of a minor traffic offense. If you answer yes to this question, it can eliminate you from their consideration. Unfortunately, this elimination is legal in most states. If you answer no to the question, but a criminal conviction is found at a later time, you may be subject to termination for falsification of your application.

When your record is expunged, you no longer have to disclose the arrest and/or conviction. For all legal purposes, they no longer exist.

3. EXPUNGEMENT WILL RE-ESTABLISH YOUR RIGHT TO VOTE

If you live in any state other than Maine and Vermont, you will lose your right to vote when you are convicted of a felony. Although it is restored in most states once you have completed your sentence, there are 10 states in which you are required to petition the government depending on your conviction.

Expungement will re-establish your right to vote in these states without you having to go through the process of the petitioning the government. This can help keep you from having to wait for them to make a decision.

4. EXPUNGEMENT WILL QUALIFY YOU FOR FINANCIAL AID

If you are in school or want to go back to school, you definitely want to qualify for federal funding to assist you with the costs. Unfortunately, if you have been charged with and/or convicted of certain drug charges, you do not qualify for these funds.

Having your record expunged will position you to qualify for this federal funding, as well as other forms of financial aid that may have been blocked by a criminal record. This may make returning to school a little easier on your pocketbook.

5. EXPUNGEMENT WILL QUALIFY YOU FOR LOWER LIFE INSURANCE RATES

Did you know that a criminal record can increase the amount you pay in life insurance or result in you being denied a policy? This is because your criminal record makes you appear to be an increased risk to the company that is writing your policy. The higher risk you appear to be, the higher your premiums or your chance of denial.

When you have your record expunged, these charges are no longer visible to the insurance company and cannot be used in their calculations. Lower rates could allow you to purchase additional amounts of insurance and save you substantial money over the life of your policy.

Expungement is not always a straightforward process. Even in North Carolina, they can vary from jurisdiction to jurisdiction. If you qualify, there is certain information that must be put in front of the court in order for a decision to be made.

If you live in the Raleigh, Durham, or surrounding areas, the knowledgeable attorneys of Barrett & Howell Attorneys at Law can help you get your expungement done. Once this takes place, you can begin to enjoy all of the benefits you have been missing.

Driver License Reinstatement

Thu, 02 Nov 2017 16:00:00 GMT

America is a country that appreciates its vehicles and the freedom they provide. Losing the privilege to drive is a severe punishment to many people because it takes away their freedom and their ability to be independent. Every driver experiencing a license revocation needs to understand what they must do to have it reinstated.

REASONS FOR REVOCATION

There are several reasons why a suspension occurs in North Carolina. It sometimes happens following one incident that includes crimes like reckless driving, excessive speeding or a DWI charge. In other instances, it is based on an accumulation of points over time due to a string of less serious traffic offenses.

LENGTH OF SUSPENSION

Less serious charges typically incur a suspension of 30-60 days. A revocation takes place when the charges are more serious and the length of the suspension is longer. This includes incidents like DWI or reckless driving that leads to a fatal accident. The punishment may be a revocation of 1-4 years or even the permanent loss of the license.

METHODS FOR REINSTATEMENT

Attending a driving clinic may help with reinstatement if the driver accumulated too many points. In other instances, there are fines, the requirement to show proof of an SR-22 and the driver may have to attend a court-ordered drug or alcohol treatment program. The state also charges fees to have the license reinstated.

It is important for the driver to avoid getting behind the wheel while their license is suspended no matter how tempting it may seem. The court could impose additional fines or even jail time and the length of the suspension or revocation will increase.

POSSIBLE REINSTATEMENT COMPROMISES

North Carolina allows some drivers to have a conditional license, known as a hardship license, in certain circumstances. This provisional license allows people to drive to work, to receive medical treatment and in the event of a medical emergency. There are a number of restrictions regarding who is allowed to have a hardship license.

Drivers facing additional charges, people charged with a DWI and chronic offenders may not qualify for a hardship license. There is also a requirement to comply with the revocation for a period of time. A hardship license is only valid for one year and reapplications submitted within a three-year period of time will be refused.

HELP FROM ATTORNEYS

Lawyers help their clients by arguing against the revocation when it was done unfairly. Overturning the conviction may be possible if, for instance, the driver was not speeding, was on medication rather than intoxicated or their behavior was misrepresented in some other way by the arresting officer.

There is still hope even in cases where the charges were legitimate. The attorney will help the client to navigate the legal process that many people find confusing. They provide instruction and advice for their client throughout the process and make certain the driver has the opportunity to pursue all legal avenues.

FUTURE DRIVING OFFENSES

Drivers have the responsibility of not making the same mistakes again. Many drivers do not intentionally act irresponsibly but have simply developed bad habits over the years. Eliminate distractions, pay attention to speed limits and leave home earlier to avoid the need to rush. Use a designated driver or hire a cab when going out.

There is never any guarantee that a license will be reinstated after a revocation, but it is easier when people hire a legal representative to advise them of all of their rights. At Barrett & Howell Attorneys At Law we do all we can to help our clients regain their independence. Schedule a consultation to discuss the details of your situation.

What You Should Know About Criminal Defense for Assault in North Carolina

Wed, 06 Sep 2017 16:00:00 GMT

Assault charges are serious because they can result in jail time. Generally, assault refers to a reasonable threat of bodily injury as well as a possible physical attack. Assault may encompass a variety of incidents ranging from bar fights to domestic incidents.

If you have been charged with assault and expect to appear in court, you likely have a lot of questions. This guide will help answer some of the basic questions many people have when they face assault charges in North Carolina.

WHAT IS ASSAULT ACCORDING TO NORTH CAROLINA LAW?

North Carolina recognizes several different types of assault. There are laws associated with several different types of victims, including those who are pregnant or handicapped. In most cases, the charges are based on the level of injury to the victim as well as the setting in which the assault occurred.

Simple assault is the least serious of all the types of offenses and is a misdemeanor. A charge of simple assault might occur if you were to intimidate somebody with the threat of a weapon, for example. Fighting in public is also considered a simple assault. Simple assault does not include serious injury or deadly weapons.

Aggravated assault is considered serious and comes with penalties. This increase in assault charges could occur if the victim was pregnant, working at a school, or some type of first responder. It may involve a deadly weapon or involve threats of death.

Sexual assault may also fall into this category, and it may be considered simple or aggravated. It involves assault with a degree of sexual harm or threat. Sexual assault with a weapon may also include harsher penalties than other types of sexual assault.

Assault resulting in serious injury is the result of injuries that require medical attention, and assault with intent to kill is even more serious. Oftentimes, this type of crime is also associated with battery, physical contact with another person. You may be charged with multiple crimes rather than just assault, even if this is what you were arrested for.

WHAT ARE COMMON DEFENSES FOR ASSAULT CHARGES?

There are several defenses used to combat charges of assault in North Carolina. Generally, charges either rest on the argument that the defendant did not assault the victim or on the argument that the defendant should not be held responsible for the assault. Those who claim that they did not assault the victim may present an alibi, for example.

In some cases, the defendant's lawyer may present a case based on self-defense or entrapment. In some cases, being under the influence of alcohol or drugs can be a defense, and claims of insanity are rare but still used as a defense.

WHAT ARE NORTH CAROLINA'S PENALTIES FOR ASSAULT?

Penalties for assault differ based on whether the offenses are considered misdemeanors or felonies. For assault, penalties could land anything from probation to years in prison.

Simple assault, a misdemeanor, is typically punishable by one year of jail time. In some cases, the court will suspend the sentence and allow for probation.

Felony assault, like assault with a deadly weapon, may lead to several years in prison. Sentences are longer in cases in which there was intent to kill.

IS THERE A STATUTE OF LIMITATIONS FOR ASSAULT IN NORTH CAROLINA?

In North Carolina, there is a two-year statute of limitations for most misdemeanor assaults; however, there is no statute of limitations for felony assault. Misdemeanor assault may not have a statute of limitations in cases where specific malice is involved.

DO I NEED A CRIMINAL ATTORNEY TO FIGHT ASSAULT CHARGES?

Generally, yes. Laws can be confusing, and as you can see, there are many different types of assault. Hiring an attorney is one step you can take to protect your rights in court. Your criminal defense attorney understands North Carolina law inside and out, ensuring that you never find yourself in a position where your rights are being trampled on.

Protecting Your Rights Through Trust and Engagement — Working With Your Criminal Attorney

Thu, 06 Jul 2017 16:00:00 GMT

If you've been charged with a crime, it's important that you fight any instincts you may have to panic and instead work to look ahead to the future. A criminal charge doesn't mean the end of your future, and you don't need to feel like all of your options are closed off just because you may be facing threats.

The legal system can seem complex, but you should have confidence that your attorney will be able to guide you through the process. In order for that relationship to truly thrive, however, it's important that you make a commitment to being a respectful and responsible client that's committed to productivity.

Below, you'll find a guide to some tips that should help you work with your criminal defense attorney. Keeping these suggestions in mind should go a long way toward guaranteeing that you can truly work with your lawyer as a team and should put you in a position to secure your rights and your future.

Set Up a Communication Plan

It's important to remember that the wheels of justice tend to turn very slowly. In many cases, this is a negotiating tactic on the part of the prosecution that's designed to inspire frustration in the defendant and make him or her more likely to accept a potentially unfavorable plea. If you're not careful, these delays might cause you to feel resentment toward your own lawyer.

That resentment can be avoided if you commit to staying in regular communication and trust that your attorney is doing everything he or she can to speed the process along. Set up a regular schedule of meetings and phone calls that are centered around major dates and events in your case. Make sure that you keep these appointments, and you'll never have to feel like you're being left out or left behind.

Commit To Deference

You should never forget that you have a constitutional right to remain silent, and that right exists to offer you maximum protection. Though it may be frustrating to feel like someone else is speaking on your behalf at all times, it's important to remember that your lawyer is doing so with your interests at heart. They also have the weight of their education and legal experience behind them, and that can go a long way toward finding positive outcomes.

Even if disagreements develop between you and your lawyer, you should be willing to resolve them amicably. It's important that you recognize that your attorney is likely able to take a more pragmatic and honest view of your case than you are, and as such, he or she might sometimes have to tell you something you don't want to hear. Preparing yourself for those encounters by reminding yourself of the value of honesty can go a long way.

Be Willing To Accept A Deal

In most cases, it's important that you're willing to accept the reality of your situation. An overwhelming percentage of criminal cases are brought to court because the prosecutor is certain of their evidence, and while you may resist doing so, it can become necessary to accept the inevitability of a negative outcome.

Those outcomes, however, might be able to be moderated. If you allow your lawyer to work on your behalf to find a deal, you might be able to avoided extended incarceration or oversight programs which interfere with your daily life.

The law firm of Barrett & Howell has the experience and tenacity necessary to guide you through your criminal case to a productive outcome. Relying on expertise and hard work can guarantee that you never feel ignored or left behind and will put you in a position to secure your future as strongly as possible.

Why Do I Need An Attorney For A DUI?

Mon, 15 May 2017 16:00:00 GMT

This is a question we often hear and we decided a blog post addressing this question is needed. Many people, unfortunately, find out how expensive a DUI or other traffic violation can be only after they have received one. We feel that if most people considered the overall cost of DWI or DUI before they decided to drive impaired, they would think twice. The time to be frugal with your money is before the violation, not afterward when you need to retain a lawyer!

Our role as attorneys is to facilitate all legal proceedings on your behalf, to work for you to obtain the best possible outcome, and to represent you in court. None of these areas will be best served by you trying to “go it alone” to save some money.

Your attorney is your advocate and someone who will correctly advise you as to your next steps. Call Barrett & Howell Attorney at Law about your court case today, we are ready to help you!

What You Should Do After Getting a Speeding Ticket?

Wed, 22 Mar 2017 16:00:00 GMT

Nobody ever wants to get pulled over for speeding , but it is a common occurrence. Immediately after seeing the flashing lights of the police vehicle and pulling over, take a breath. You might be stressed or upset about the situation, but presenting yourself as anything but polite to the police officer, he could give you a negative reflection in court if you choose to fight the ticket.

Potentially Reduce the Consequence Severity

If you know that you were not speeding and have evidence, the ticket can be contested. Some states will allow you a settlement conference or the ability to contest the ticket in writing. However, in other places you must appear in court. In some cases, you may want the help of a lawyer, especially if you are facing serious penalties or might lose your license over the incident. If this is your first speeding ticket or the first one in years, mitigation may be the best way to reduce your consequences for speeding.

The worst possible thing you can do after getting a speeding ticket is, ignore it. Choosing to neither fight nor pay the ticket will only lead to more fines and possible legal trouble down the road. Learn more about the steps to take if you get a traffic ticket by calling 919-833-2561 for Barrett & Howell Attorneys at Law.

3 Things to Know About DWI Charges in North Carolina

Fri, 06 Jan 2017 16:00:00 GMT

Facing a driving while impaired (DWI) charge is frightening and overwhelming, and it can have serious consequences. If you have a DWI charge , you should not try to handle it alone. North Carolina has strict laws when it comes to driving with impaired, and you will need a good DWI lawyer to help you through your case. Here are three important things to understand about DUI charges in North Carolina.

North Carolina Has Strict Laws

If you get caught drinking and driving in North Carolina, you will likely face harsh penalties, especially if you have prior DWI charges on your record.

For the police to arrest you and charge you with a DWI, your blood alcohol concentration (BAC) must register 0.08 percent or higher. It's important to realize that you can get charged with a DWI even if you are not actually driving your car.

For example, you can get a DWI charge if you are prepared to drive, such as sitting in your car with the engine running. You can also receive a DWI charge if the police catch you with open alcohol containers in your vehicle.

The Consequences You Might Face

People charged with DWI in North Carolina face steep consequences, and these depend on numerous factors, such as your age, your criminal history and the facts related to the case.

The first consequence you might face is large fees, and there are multiple types of DWI fees are often very costly. The fees can include court fees and attorney fees, but you might also have to pay other types of fees, for example, if you lose your case, then there is a fine or a fee as well.

For first offenders the fee is between $200 and $4,000. In North Carolina, the BAC rules get harsher for repeat offenders.

A second consequence is a loss of driving privileges. The court may revoke your driving privileges, and this penalty can last for years depending on the situation. You could also be sentenced to jail time.

In addition, you might have to complete a certain number of hours performing community service, and the court could require that you take a substance abuse class.

One other consequence of a DWI charge is being required to install an ignition interlock device. This is device is installed in your car, and the device requires you to blow into it before you can start the car. If it detects alcohol on your breath, it will lock your car's ignition.

The Role of an Attorney

When you hire an attorney for help, one of the primary goals they have is to help you get the charges reduced, however, there is also a chance the court might drop the charges or find you innocent if you go through a trial. Here are the main options your lawyer might suggest using to help you in your case:

Go to trial – When the court convicts you of a crime, you have the right to a trial. Your lawyer will suggest this option if you have evidence that either proves you are innocent or that would cause the jury to have enough reasonable doubt to produce an innocent verdict.
Take a plea agreement – Courts often offer plea bargains to people charged with crimes. If the court offers one, they will reduce your charges if you agree to plead guilty to the reduced charges.
Ask the court to drop your charges – If you have enough proof that you did not break the law or that the police handled the arrest illegally, your lawyer might suggest asking the court to drop the charges.

It's important to avoid offering guilt for the crime until you speak to a lawyer and get advice on how to proceed.

You should never attempt to represent yourself in any type of crime, especially if it relates to a driving while impaired offense. Contact Barrett & Howell Attorneys at Law if you need advice, help and representation for your case. We have experience with all types of driving charges and can help you through your case to try to obtain the best results for you.

Limited Driving Privileges After a DWI Charge

Sun, 06 Nov 2016 16:00:00 GMT

If you are stopped and arrested for driving while intoxicated (DWI) in the state of North Carolina, one of the last things that the arresting officer is going to do is retain your driving license and inform you that they will be automatically revoked for the next 30 days.

If you are like most people, you probably need your driving privileges to get back and forth to work and to take care of your family. Fortunately, you may be able to qualify for limited driving privileges if you meet certain criteria.

What Are Limited Driving Privileges?

In North Carolina and many other states, the court has the discretion to issue you temporary driving privileges that will allow you to go certain places. These include:

Work
School
Places you need to take your family
Court-ordered treatment or assessments
Community service
Medical appointments
Church

These privileges may be limited to certain hours of the day and/or for limited amounts of time. Standard work hours are normally defined as 6:00 a.m.–8:00 p.m . Monday through Friday, although the court may be willing to make concessions as long as you show proper documentation as to why you will need to drive outside of these hours.

The duration of the privileges, as well as how soon you will be eligible to receive privileges, will be dependent upon whether they are granted pre-trial, post-trial or as a result of you losing your license for refusal to take a breathalyzer test.

How Do You Qualify?

If you are attempting to get limited driving privileges pre-trial, you could possibly be eligible as soon as 10 days after you privileges have been revoked, but privileges are not guaranteed.

To expedite the matter, it is important that you hire an experienced DWI Attorney. Barrett & Howell Attorneys At Law are an experienced firm who will be able to work closely with you to help make sure you have everything you need in order to get privileges as quickly as possible.

To qualify, you must provide the following:

Proof that you had an unexpired driving license at the time you were stopped
Proof that you have had no other DWIs in the last seven (7) years
Proof of insurance or a DL 123 form
Proof of a substance abuse assessment
$100 for the clerk of court

Your attorneys will help you gather the information you need, as well as prepare the documentation you will need to submit to the court. Once your privileges are granted, they will be good until the 30th day following your conviction. At that time, you will need to pay the required restoration fee and your driver's license will be returned to you.

If you are attempting to qualify post-trial, you will need to submit all of the above, but if you have blown more than a 0.15 on a breathalyzer, you will not qualify for privileges for 45 days following your conviction. If there are mitigating factors and you have been convicted of a Level I or Level II offense, you will not be eligible for privileges for one year.

If your driving license is revoked for a year for failing to take a breathalyzer test, you will not be eligible to even apply for privileges for the first six months. Privileges will then have to be approved by the Department of Motor Vehicles.

Do not take the chance of driving illegally on a revoked license. If you are stopped, this will make your legal problems even worse. Call Barrett & Howell Attorneys at Law as quickly as possible so that they can help you get back on the road.

What to Do After You Have Been Accused of a DWI

Tue, 06 Sep 2016 16:00:00 GMT

Getting accused of a DWI is serious, and you could potentially lose your license over the incident. Your quality of life can go down drastically if you are accused of this crime, but there are a few things you can do to make the process easier for yourself.

Write All the Details Down

If you plan on fighting these accusations, then you need to be able to remember everything. Do not trust that you will simply remember everything. Instead, write down all the information you can. Every detail needs to be recalled, including where you were stopped, what tests were administered and what reason the officer gave you for pulling you over.

Get Witnesses

Eyewitnesses are a crucial resource in court. If you have any friends or family members who can attest that you did not drink any alcohol the night you were pulled over, then it can do a lot for your case.

Hire a Lawyer

Look into lawyers in your area to help you out with your case. You will want to go with a firm that is experienced and trained in DWI-related cases. Doing your research to find an attorney you trust is going to put you in a much better position to come out okay.

With the proper actions, you will not have to stress too much about your DWI. Contact the expert DWI attorneys at Barrett & Howell Attorneys at Law today for assistance.

Four Things To Avoid When Approaching A DUI Checkpoint

Wed, 06 Jul 2016 16:00:00 GMT

As the holiday season gets under way, you will encounter more sobriety checkpoints on the roads of North Carolina. Often referred to as roadblocks, these are used by law enforcement to identify, detain, and charge inebriated drivers that may be on the road. Although no one wants to be charged with driving under the influence, tactics that you may choose to use to avoid this taking place may put you at risk of additional charges. Here are a few things that you do not want to do prior to encountering a DUI checkpoint.

Turning Around

If you are like most people, when you see a checkpoint ahead and you know that you have had a drink or two, your first reaction is to try and avoid being stopped. To do this, you may look for places to turn off or turn around.

Unfortunately, law enforcement has already thought this through. They will often position one or more chase cars at strategic locations that will be able to see any vehicles that try this approach. This almost guarantees that you will be stopped and you will be looked at closer than you will be if you drive through the checkpoint.

Switching Seats

If you have been drinking, but your passenger has not been, or has consumed less than you, you may be tempted to switch seats prior to approaching the checkpoint. This is also not a good idea. Attempting to do so puts you at risk of committing other driving offenses that will make you more suspicious to the officers that are observing approaching traffic.

Leaving Evidence In Plain Site

If you are approaching a DUI checkpoint and you happen to have any type of drugs or alcohol in your vehicle, the last thing you want to do is to leave it in plain sight.

In North Carolina you can be charged if you are transporting any spirituous liquor (gin, vodka, rum, tequila, brandy, etc.), of which the seal on the bottle has been broken, anywhere in the passenger compartment. This includes under your seats and in your glove box.

As long as you have not been drinking, you, or your passengers, are allowed to have an open container of malt liquor, beer, champagne, or wine with an alcohol content of less than 17%, in the passenger compartment. Unfortunately if this is seen, law enforcement may still be able to charge you with having an open container even if you are not guilty of DUI.

If this happens, the experienced attorneys at Barrett & Howell Attorneys at Law will be able to help you get these charges dismissed. Do not attempt to fight the charges there on the side of the road. Doing so may result in you being arrested or charged with resisting arrest.

Be Guilty Of Other Driving Offenses

The last thing you want to do during a time that you know that there is a higher chance of you encountering a DUI checkpoint is drive when your driving license, tags, or insurance are not in order. License and registration are the two main things that the officers are going to ask for.

If they suspect that there are any problems with either of these, they will have you pull over so that they can verify your information. This only takes a few minutes and if they find that these documents are not in order, you will not only be facing a ticket, but also a possible arrest.

If you face any DUI, or other driving offenses, in the Raleigh, Durham, Cary, or other surrounding areas, you are not alone. Call Barrett & Howell Attorneys at Law and they will be there for you. They have years of experience and will be able to help you resolve any charges you may have.

Dos and Don'ts of Facing Shoplifting Charges in North Carolina

Thu, 05 May 2016 16:00:00 GMT

The efforts of retailers to stop and prevent shoplifting have increased in recent years thanks to developments in technology. Shoplifting, or retail theft, is a serious criminal matter that can become complicated without legal help.

Shoplifting refers to walking out of a store with unpurchased merchandise, but similar crimes may include changing a price. Even concealing store property without leaving the premises can be a crime in North Carolina. This crime, along with other types of fraud, costs the retail industry nearly $50 billion each year, meaning that these businesses will be looking to recoup as many costs as possible.

If you have recently been charged with shoplifting or believe that you may be in the future, this guide will help answer some of your questions.

Do Challenge Illegal Detention in Court

If you believe that you are being detained illegally, bring this up to your lawyer. In order to hold you, security guards must have probable cause against you. The meaning of probable cause differs from state to state. In North Carolina, guards can detain you if they see you conceal merchandise.

Do Learn About Local Shoplifting Laws

Shoplifting laws vary from region to region. North Carolina has specific laws related to shoplifting, which is officially referred to as larceny of goods. The severity of the consequences will depend on the value of the goods deemed stolen.

Generally, North Carolina law considers shoplifting to be a misdemeanor. An exception is made for cases in which the value of stolen goods is at least $1,000. Additionally, theft of a firearm and tampering with anti-theft devices are also felonies. Additional crimes associated with larceny of goods may include trying to sell the items later.

You are also committing a crime in North Carolina if you conceal merchandise while still on the premises. Penalties for concealment of merchandise are typically less severe than for shoplifting.

Do Not Make a Statement to Police or Security

Security guards who are not police officers may record your statements to be used as evidence later. Additionally, your comments made inside the store or an office could be saved for later via recording devices.

No matter how much you want to express your innocence or claim that something is a mistake, avoid speaking to security guards or the police beyond what is necessary. Many people end up talking themselves into a guilty-looking position.

Do Hire a Criminal Defense Lawyer

An experienced criminal defense lawyer can help you fight back against shoplifting charges. Conviction of shoplifting has serious consequences that can follow you the rest of your life, preventing you from landing new jobs or being accepted into school.

You should especially consider hiring an attorney if you are charged with shoplifting from your workplace, as this could prevent you from working in a retail capacity again in the future.

North Carolina considers shoplifting to be a criminal offense that could land you jail time, but it also has civil consequences. A business can choose to sue you to recoup the costs of the items stolen. Penalties tend to increase as convictions accumulate.

You can work on your defense for court with a criminal defense lawyer. This might include defending your actions as a mistake or discussing that there is no evidence that you were shoplifting. Additionally, some lawyers will acknowledge that you stole items if you confess but will fight against high values of stolen goods, often related to inflation.

Barrett & Howell Attorneys at Law is here to help fight back against charges of shoplifting. We respect your rights and can expertly defend them in court.