I Missed my Wake County Court Date!

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shutterstock_scales of justice in court

What happens if I miss my court date?

Missing a court date, whether intentional or not, can carry serious consequences, including additional fines, revocation of your driver’s license, issuance of an order for your arrest, and/or forfeiture of your bond.

When you fail to appear for a scheduled court date in Raleigh, North Carolina, the clerk will mark the file “Called and Failed.”  What happens after that depends on the nature of the charge you’re facing.  For any motor vehicle offenses or infractions, you will have 20 days to get your case placed back on the court calendar or otherwise resolve the charge.  If no action has been taken after this 20 day grace period, the clerk will then record a “Failure to Appear” (FTA) on the file and a $200 late fee will be assessed.  DMV will also be notified of the failure to appear and will revoke your license if no action is taken to correct the FTA within 60 days.  Your license will remain suspended until the underlying charge has been resolved.

For minor traffic infractions, such as speeding, the consequences of missing court end here.  However, for more serious motor vehicle offenses, such as Driving While Impaired or Driving While License Revoked, and all other misdemeanor or felony charges, failing to appear for court will likely result in an order for your arrest being issued.  Depending on the nature of the charge, the order for arrest may be issued the same day you missed court.  The Wake County Sheriff’s Office may come to your home or place of work to arrest you.  Once you are arrested, you will likely be required to post a bond in order to ensure your appearance at a later court date.  If you are already under a bond and fail to appear for court, your bond may be forfeited, and you could be charged with a criminal offense.

What should I do?

If you’ve missed court in Wake County, North Carolina contact The Law Offices of Wiley Nickelimmediately at (919) 948-7159 for a free consultation.  Our experienced criminal defense attorneys can advise you how to best minimize the consequences of failing to appear for court.  Oftentimes, we are able to eliminate the consequences entirely by having a judge strike the FTA and order for arrest.  Usually, the cost of retaining our services is less than the cost of posting a bond and could save you the unnecessary embarrassment of being arrested.


Wake County Assault Dismissal & Marijuana Possession Dismissal

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ExpungeMyRecord.comMore dismissals from The Law Offices of Wiley Nickel!   We were able to get a dismissal of a Raleigh misdemeanor assault charge on our client’s first appearance yesterday.  Another client charged with marijuana possession and possession of drug paraphernalia had a constructive possession case dismissed on the second court appearance yesterday.  Both clients will be able to have all records of their bogus charges expunged within a matter of weeks and move forward without the stain of a dismissed criminal charge on their records.

When a case is dismissed in this way there are no court costs and no fines.  We then file an expungement petition on the same day to ensure that all public records are erased as quickly as possible.  The State of North Carolina needs to prove guilt beyond a reasonable doubt.  At The Law Offices of Wiley Nickel, PLLC we are aggressive in fighting to secure a dismissal of our client’s Raleigh, NC charges and then an expungement whenever possible.

If you are charged with assault or drug possession in the Raleigh area contact The Law Offices of Wiley Nickel to speak with criminal defense attorney Wiley Nickel or attorney Mary Elizabeth Robertson.  You can reach our Cary office at 919-585-1486 for a free consultation.

Prayer for Judgment Continued in North Carolina

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shutterstock_164106293A Prayer for Judgment continued, otherwise known as PJC, in North Carolina allows defendants to plead to a crime without the court entering conviction. Only a judge may grant a PJC.  PJC’s are mostly used in connection with traffic violations and petty misdemeanors.

When a person is granted a PJC they will not be responsible for fines and fees, only court costs.  A PJC will not be granted if charge is in excess of 15 mph, a Driving While Impaired Charge, Passing a School Bus, or if you currently hold a Commercial Driver’s License.

DMV and Insurance companies have their own policies regarding PJC.  North Carolina will recognize two PJC’s per driver every five years. If a judge grants a third PJC within that five year period the DMV will not recognize and that person will be convicted. Insurance companies will recognize one PJC every three years per insurance policy.  A PJC is useful in that it may help avoid points on both a driving record and insurance policy.

If you have been charged with a traffic violation or believe you qualify for a Prayer for Judgment in Wake County please call The Law Offices of Wiley Nickel today at (919) 948-7159.

Welcome to the Office Lauren Franklin!

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roomWe’re happy to announce a new member of our staff; Lauren Franklin has joined The Law offices of Wiley Nickel as a legal assistant.

Lauren is a native of Salt Lake City, Utah who graduated from the University of Utah with a bachelor’s degree in Art History and a minor in Anthropology.   After college, she began working at Wells Fargo Bank before joining our law firm.

Lauren recently moved to Raleigh, NC at the beginning of 2014 with her husband and loves North Carolina life, but misses the Utah mountains and sometimes even the snow!  In her spare time, she enjoys dance and teaching colorguard at West Johnston High School.

New N.C. Laws Effective 2015 That Can Affect You

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shutterstock_164106293The Summaries of Substantive Ratified Legislation, published by the Research Division N.C. General Assembly in November 2014, outlines upcoming changes to North Carolina law that will become current on January 1st, 2015.  Here are a few which might affect you in the New Year:

Background Checks:

The state of North Carolina will require background checks for Firefighters and Emergency Service Personnel – including those within these categories that serve in volunteer positions.  This means that possible charges on your criminal record may keep you from holding such rescue service positions.

S.L. 2014-27, Secs. 1 and 2 authorize criminal history checks for those individuals that wish to serve in a paid or a volunteer position with either a fire department or an emergency medical service.             (NCLEG Ch. 13: Labor and Employment: pg. 105)

For a free consultation on expunging your N.C. criminal record, or for more information on changes to North Carolina Law and how they can affect you, please call The Law Offices of Wiley Nickel, PLLC today at (919) 948-7159

Driving While Impaired:

Those convicted of misdemeanors, including DWIs, and are sentenced to imprisonment or probation will complete their sentence in an approved local confinement facility – a jail, rather than a prison, regardless of the length of sentence.

S.L. 2014-100, Sec. 16C.1 eliminates the serving of misdemeanant sentences in the State prison system, and requires them to be served in a local confinement facility.                                                                 (NCLEG Ch. 6: Courts, Justice, and Corrections: pg. 17)

If you have been charged with a DWI in Wake County, or would like more information on changes to North Carolina Law and how they can affect you, please call The Law Offices of Wiley Nickel, PLLC today at (919)-948-7159.

How Can an Expungement Help Me in 2015?

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With the arrival of the New Year, many of us will begin 2015 by making resolutions.

Maybe this year you would like to lose weight, or get organized, or perhaps you would like to quit smoking, or save more money?

According to online studies, 45% of Americans will make New Year’s resolutions, and according to the same studies, only 8% will be successful in keeping them throughout the year.

So why not make a resolution this year that will stick?

Be a new you in 2015 with a clean criminal record through an expungement!

When it comes to employment and finally landing your dream job, a clean criminal background check is a deciding factor.  A North Carolina expungement of your criminal record allows you to start with a much better first impression than having to explain why you have an old conviction or recent dismissed case on your public record.

You do not have to let a past mistake affect you for the rest of your life.  Many people are eligible for an expungement and may not know that they can remove a criminal conviction from their record.

For a free consultation to see if you are eligible for an expungement, please contact North Carolina expungement lawyer Wiley Nickel today at (919)-585-1486. We handle expungements for the entire state of North Carolina.

The New Year is the perfect time to let us help you get a fresh start.



North Carolina Expungement Information

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North Carolina Expungement Lawyer
Don’t let a North Carolina criminal conviction or dismissed case prevent you from living your life. North Carolina has many special rules to expunge prior convictions that many people do not know about. You may be eligible to erase an old criminal conviction through the expungement process.

Work with a professional North Carolina expungement law firm who can help you determine whether or not you are eligible for an expungement to erase your North Carolina criminal record.

North Carolina Expungement InformationNC Erase the past expungement lawyer

Whether you have a conviction on your record or a dismissed case, a North Carolina expungement lawyer at The Law Offices of Wiley Nickel, PLLC is ready to offer you a free initial consultation. You can reach us at 919-585-1486 or you can contact attorney Wiley Nickel directly at wiley@wileynickel.com. Some of the larger cities in North Carolina are: Charlotte, Raleigh, Greensboro, Winston-Salem, Winston Salem, Durham, Fayetteville, Wilmington, Asheville, Jacksonville, High Point, New Bern, Goldsboro, Chapel Hill, Cary, Gastonia, Greenville, Shallotte, Lexington, Kinston.

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