The Second Chance Act and Your Rights as a Wanted or Accused Individual

From the moment you turn 16*, the criminal justice system is publicly authorized to ticket, arrest, or indict you on serious charges, ranging from drinking and driving to causing the death of another person, to being a robber or counterfeit, or to stalking and harassing someone in the jurisdiction, whether it’s your spouse, a coworker, a classmate, or a total stranger.

You are innocent until proven guilty. The State has to prove by clear and convincing evidence your moral turpitude to either a judge or a jury and give you a fair trial. A trial is an adversarial proceeding that is free from bias, prejudice, improper evidence, or guilt by association.

Even a citation for a traffic infraction, or a fraud complaint, can result in unmerited criminal action if an officer or magistrate suspects you are a perpetrator or offender. Probable cause is the magic phrase that triggers jurisdiction.

You are not alone. At Homesley & Wingo, we have represented homeowners, businessowners, motorists, students, neighbors, and victims in connection with criminal matters, including minors and the elderly. Everyone is entitled to be treated fairly, particularly within the confines of the courthouse, the workplace, and the community. Our police and prosecutors do their best, but not every case is built on sound facts, good evidence, or fair liability.

If you were arrested and charges dismissed, contact us about an expunction today! Criminal convictions in some cases are not permanent and may be forgiven after periods of good behavior and payment of fines and costs. For those under 18, North Carolina has raised the age to non-motor vehicle and non-homicide crimes and has strict policies about detention, privacy, arrest, trial process, and delinquency findings.

You have the right to be heard and to allege your rights as a victim, a defendant, a probationer; and once you’re rehabilitated through the system, there is no double jeopardy. Help yourself by securing your employment, protecting your license, and defending your reputation with our esteemed legal professionals. We are well equipped to search your case from top to bottom, seize on any liberties or privileges that were violated, and petition the courts for appropriate relief, including giving you a clean slate after time served where qualified by law.

The Second Chance Act prescribes the expunging of arrest records where innocent and in some cases where you are found guilty. It is imperative that you talk to a criminal lawyer about your rights and secure representation.

Until an accusation is beyond a reasonable doubt, the Constitution gives you freedom and lets you go free of unreasonable searches and seizures. No matter the verdict you always have the confidentiality and trust of your attorney—so call today!

(This article is for informational purposes only and is not intended to give legal advice.)



*Sixteen- and seventeen-year-olds are entitled to special treatment by the criminal courts from charging to conviction. Adolescents are particularly susceptible to caretaker neglect, parental abuse, or malicious prosecution, so different rules have been enacted by the general assembly. You have a fundamental right to privacy and the right to counsel.