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Wiley Nickel
North Carolina Criminal Defense Attorney
North Carolina Criminal Defense Attorney

Wiley's posts

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Dear Fellow Tesla Owners:

I was the 6th person in North Carolina to purchase a Tesla going back to 2013 when I got my 40k Model S. I now drive a Model X and couldn't imagine ever driving another car.

The results of the presidential election in November have fostered a lot of emotions for many of us – disappointment, outrage, sadness and concern for our country’s future. Those same sentiments have encouraged me to stand up and join the fight for a better future. I wanted this list to know that I'm running for the North Carolina legislature.

Click this link to learn more about my campaign.

For too long, the Republicans in the General Assembly have put political partisanship above North Carolina families. I'm running for the General Assembly because it's time for our legislators to solve problems instead of passing an extreme partisan agenda. They’ve enacted discriminatory laws like HB2 which cost our state thousands of jobs and millions of dollars in revenue, cut funding for public education and undervalued our teachers, and gave tax breaks to corporations and the wealthiest individuals while raising taxes on middle class families. That’s wrong and I’ll bring a new set of priorities to the General Assembly.

I’m running for the legislature because it is time to focus on strengthening our schools, creating high paying jobs, expanding access to affordable healthcare and protecting our state’s natural resources. Governor Roy Cooper has laid out a positive agenda for our state’s future but is faced with a Republican super majority in the General Assembly who are fighting him at every turn. He needs our help and I’m ready to join the fight to clean up Raleigh.

I also strongly support a future for North Carolina where alternative sources of energy are a true priority. I believe we need to do much more to foster and encourage electric vehicles in North Carolina. Many of you may remember that Tesla was specifically targeted by the Legislature to try and make it much more difficult if not impossible to buy a Tesla in North Carolina.

I have a real passion for public service. I started out my career as a prosecutor helping to pursue justice for those in need and currently manage a law firm where I work every day to see that my clients are treated fairly and compassionately by the North Carolina justice system. I also had the distinct pleasure of working for the White House, travelling with President Barack Obama in the United States and abroad.

I’ve seen firsthand the positive effect public service can have on our nation, our state and our community. I will bring the best of my years of service in the Obama White House, public involvement and small business experience to the fight for a better North Carolina. I hope you’ll join me in this fight.

Wiley Nickel

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What do I do if I find out that an employee has been embezzling funds from my business in North Carolina?

Many people contact our law firm to ask what they should do if an employee has embezzled funds from their business in North Carolina. They discover that someone has committed embezzlement and taken money in some form or fashion from their business. If more than $1,000 has been stolen then it’s a felony charge in North Carolina.

If someone has committed embezzlement from your business you should call the police and they will investigate and arrest where appropriate. As part of the criminal process there will be an effort by the police, district attorney’s office and courts to get you all of your money back.

What happens if you try to work out a deal with the employee and don’t call the police? After firing the employee some employers will try to work it out with that former employee and may not end up contacting the authorities. If you sign some type of contract or enter into some sort of formal agreement with that former employee for repayment of the funds that were taken - the police may not get involved in the case if that former employee doesn’t make good on his/her promise to repay the funds that were taken. Once you get into the point where there’s a contract then it likely becomes a civil matter and not a criminal matter and the police may decide not to get involved. At that point your only recourse will be to sue the former employee for the lost funds if they don’t pay the funds back as part of the agreement. All cases are unique so this may or may not apply to your specific case.

If criminal charges are brought against the former employee and they enter a plea deal or are found guilty then there will likely be some sort of restitution ordered by the courts as part of any deal or criminal sentence. Most courts in North Carolina are very interested in getting your business paid back for the funds that were taken.

The main issue here is that if you (1) decide not to call the police and then (2) sign a written agreement for repayment with the former employee who embezzled funds and (3) the employee doesn’t make repayment then you would likely have to sue the employee in civil court and the police could decide not to get involved.

If criminal charges are brought then there are strong mechanisms in North Carolina where the District Attorney and the Judge will be very concerned with making sure that your business gets paid back those embezzled funds.

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Why did they raise my car insurance when I had my ticket reduced to nine over the limit?

April 18, 2017

We handle a lot of speeding tickets for our clients in Wake County and Chatham county. The main goal for most clients is a reduction of their speeding ticket so their car insurance won't go up.

The general rule is that everyone is allowed one speeding ticket every three years under 10 miles an hour over the limit without getting any N.C. Department of Insurance SDIP points (otherwise known as insurance points). But what we see more and more with the insurance companies is that they are getting around the law in North Carolina with a "safe driver discount." So one is penalized with higher vehicle insurance for any sort of speeding ticket (even as low as five miles per hour over the limit) because it violates the "safe driver discount."

So our advice for most clients (assuming eligibility) is to try to get their speeding tickets reduced to the non-moving violation of improper equipment. A reduction to improper equipment is the best way to go because it avoids the issue of the safe driver discount that a reduction to nine miles an hour over the limit will include.

I've attached a letter below from my own family insurance policy. Someone on my insurance policy (not me) had a speeding ticket of nine miles an hour over the limit just about three years ago. At that time Wake County wasn't allowing reductions to improper equipment. Because of that ticket my insurance quote went up $110 for the six month insurance premium. The only ticket on our policy was that one speeding ticket (hint, hint it was my wife) for speeding nine miles over the limit. We should not have received any SDIP points but the insurance company still raised the rate because they said it violated their "safe driver discount." So in our case that one speeding ticket cost us about $660 in extra car insurance over three years.

So in this example a reduction of a speeding ticket from 15 mph over the limit down to 9 miles an hour over the limit cost an extra $660 over three years. Had we been able to get that ticket reduced to improper equipment we would have save a lot of money in higher insurance premiums because of the safe driver discount. A reduction to improper equipment in Wake County would have saved us a lot of money if we had been able to get that close to three years ago. Unfortunately the Wake District Attorney's Office had a new policy that went into effect in 2015 and it was not available in 2014. Most of the other counties in North Carolina generally allow for reductions to improper equipment if the ticket and driving record meets certain county by county rules for eligibility. The change in policy by then newly elected Wake County DA Lorrin Freeman has undoubtedly had the effect of saving Wake County residents from much higher car insurance premiums. Our clients have certainly been able to benefit from lower insurance because of the new Wake County improper equipment policy. The result is more money in the pockets of minor speeders and less money in the pockets of the big insurance companies. The improper equipment reductions come with higher court costs/fines so the State of North Carolina also benefits with more revenue in the General Fund.

The main take away is that if you are eligible for a reduction to improper equipment it's always the safer move versus a reduction to nine miles over the limit because your insurance company may have a safe driver discount that will penalize you even though you don't get any NC Department of Insurance SDIP points with a reduction in speed.

If you have received a speeding ticket in Wake County or Chatham County contact The Law Offices of Wiley Nickel, PLLC for a free consultation at 919-585-1486.

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North Carolina is the only state in the nation that still prosecutes all 16- and 17-year-olds as adults, regardless of the severity of the crime, in adult criminal court. When youth end up in adult court, there is limited access to rehabilitative programming, mentoring, counseling, and education. We need to "Raise the Age."

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March 17, 2017

The Law Offices of Wiley Nickel, PLLC Earns BBB Accreditation

The Law Offices of Wiley Nickel is Committed to BBB’s Standards for Trust

This week, The Law Offices of Wiley Nickel announced its recent accreditation by Better Business Bureau serving Eastern North Carolina. As a BBB Accredited Business, The Law Offices of Wiley Nickel is dedicated to promoting trust in the marketplace.

“We are proud to have met BBB’s high standards and we are excited to be part of an organization that exists so consumers and businesses alike have an unbiased source to guide them on matters of trust,” said Raleigh Attorney Wiley Nickel. “BBB Accreditation gives our customers confidence in our commitment to maintaining high ethical standards of conduct.”

BBB Accredited Businesses must adhere to BBB’s “Standards for Trust,” a comprehensive set of policies, procedures and best practices representing trustworthiness in the marketplace. The standards call for building trust, embodying integrity, advertising honestly, telling the truth, being transparent, honoring promises, being responsive and safeguarding privacy.

When dealing with a BBB Accredited Business the consumer has peace of mind knowing that they are dealing with an honest organization that is accountable to its clients.

For additional information regarding BBB Accreditation, visit

About The Law Offices of Wiley Nickel, PLLC:

"When your future and reputation are at stake, an experienced Raleigh Criminal Defense Lawyer makes your rights a priority."

As a former Deputy District Attorney Wiley Nickel has the experience that matters most. With a practice based on trust, respect, discretion and professionalism, Raleigh Criminal Lawyer Wiley Nickel helps his clients avoid the dire consequences of criminal charges.

As a Raleigh Criminal Defense Attorney, Wiley focuses on Wake County Misdemeanor charges and Raleigh DWI/DUI offenses. A DWI or other criminal charge can have a profound effect on your life and financial situation, and the right Raleigh Criminal Defense Attorney makes all the difference. Fighting traffic tickets, which may negatively impact your record and lead to huge increases for your car insurance, is another way Wiley defends every aspect of your rights.
Wiley Nickel and Associate Attorney Kristi Haddock focus on Raleigh Criminal Defense, Family Law, Wake County Traffic Tickets and Epxungements from their Offices in Cary and Apex. Contact The law Offices of Wiley Nickel when you need an Experienced Criminal Defense Attorney, Marijuana Defense Lawyer, DWI Lawyer in the cities of Raleigh, Cary, Morrisville, Apex, Holly Springs and Fuquay Varina. Defending your rights is our main priority.
About BBB serving Eastern North Carolina:
Better Business Bureau serving Eastern North Carolina is a 501(c)(6) not-for-profit corporation serving 33 counties in eastern North Carolina. The organization is funded primarily by BBB Accredited Business fees from more than 3,000 local businesses and professional firms. BBB promotes integrity, consumer confidence and business ethics through business self-regulation in the local marketplace. Services provided by BBB include reports on companies and charitable organizations, general monitoring of advertising in the marketplace, consumer/business education programs and dispute resolution services. All services are provided at no cost to the public, with the occasional exception of mediation and arbitration. Visit


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North Carolina Expungement Court Costs

Expungement court costs can be confusing. The North Carolina Legislature recently made expungements more expensive for some people and added an extra $175 in expungement court costs in order to file for certain expungement petitions when a case has been dismissed.

If your case was dismissed as the result of compliance with a deferred prosecution agreement or a conditional discharge and dismissal then the law says you need to pay an extra $175 in expungement court costs for an expungement. If your case was NOT dismissed deferred prosecution agreement or a conditional discharge program then you do not need to pay court costs of $175 for a dismissal expungement. The main rule of thumb is generally whether or not a judge signed the deferred prosecution agreement.
You do not need to pay the $175 in expungement court costs if you do not wish to file an expungement.

If your case was dismissed for any number of other reasons then you would not likely have expungement court costs. If you were found Not Guilty then there would be no expungement court costs for an eligible expungement petition. Other reasons for a dismissal could be the failure of the state to prosecute (no witnesses). They could also be weak legal grounds for the case where the DA dismisses the case or an informal dismissal where the case was dismissed for community service where there was no formal signed agreement.

You can also seek to avoid expungement court costs if you are indigent. In order to automatically qualify for an indigent fee waiver of the $175 expungement court costs you must be a current recipient of one of the following:
1. Food stamps
2. Aid to Families with Dependent Children (AFDC)
3. Supplemental Security Income (SSI)
4. Representation by legal services organization (or private attorney working on behalf of legal services organization).

An individual not currently receiving one of these benefits, must submit an affidavit of Indigency to try to avoid the $175 North Carolina Expungement Court costs. This affidavit would just need to show that you have little or no money coming in and could not afford the $175 court costs to clear your record.
If you would like more information about North Carolina Expungements and NC Expungement Court Costs you can call The Law Offices of Wiley Nickel, PLLC at 919-585-1486 for a free consultation to discuss hiring our law firm for your North Carolina Expungement petition. We are based in Cary, NC and handle petitions for the entire state of North Carolina.

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New Satellite Office Open in Apex!

The Law Offices of Wiley Nickel, PLLC is proud to announce the opening of our first Satellite office. The new office is located in Apex, North Carolina at 510 West Williams Street, Suite 101. We will be able to take meetings by appointment at this new office location in Apex. The expansion is part of an effort to better serve clients in Western Wake County and Chatham County, North Carolina.

At The Law Offices of Wiley Nickel, PLLC, we believe that successfully addressing client needs requires more than just knowledge of the law and a mastery of the multitude of rules and regulations that impact our clients’ needs. Providing quality legal services means being in our client’s community and being able to meet our clients where they live. Our commitment to excellence, combined with our mission to deliver outstanding client service, has earned our firm the excellent reputation it enjoys today.

The Law Offices of Wiley Nickel, PLLC is proud to have a great reputation and a tradition of aggressive representation of our client’s needs. We provide quality legal representation and are dedicated to maintaining and expanding our capabilities and expertise across a wide range of practice areas in order to better address the diverse needs of our clients. Our principal areas of practice include: Criminal Defense, DWI Defense, Speeding Tickets, Expungements, Juvenile Delinquency, DMV Issues, Child Custody and Divorce. We are also experienced in a number of specialty areas that are incorporated into these core criminal defense based practice groups.

If you are charged with a criminal offense and live in the Apex, NC area you can contact us at our new Apex location or our Cary location for a free consultation.

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