While you may get out of a speeding ticket or even a simple marijuana possession charge with nothing more than a citation, more serious charges may result in your arrest. If you are arrested, you must be processed, and conditions of pretrial release must be addressed. This October, the North Carolina Legislature passed the North Carolina Pretrial Integrity Act. In short, this act greatly decreases the amount of cases for which a magistrate can set bond, and increases the amount of cases for which an accused person could find themselves in jail for up to 48 hours. Reduction of a Magistrate’s Po ..read more

Efforts to address domestic violence concerns have resulted in broad legislation aimed at preventing firearm access to those charged with or convicted of certain offenses. While in some cases these barriers to access are temporary, in other cases they have permanent implications. As a result, certain misdemeanors, even those based on minor altercations, may result in a lifetime loss of your firearm rights.  The Lautenberg Amendment While North Carolina has no laws forfeiting firearm rights based on a misdemeanor domestic violence conviction, federal law (which supersedes state law) is a d ..read more

Hiltzheimer Law Office announces that founding attorney Ben Hiltzheimer has been named to the Super Lawyers list for North Carolina. This is an exclusive list, recognizing no more than five percent of attorneys in the state. Super Lawyers, part of Thomson Reuters, is a research-driven, peer-influenced rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Attorneys are selected from more than 70 practice areas and all firm sizes, assuring a credible and relevant annual list. The annual selections are made using a patented multiph ..read more

While the law may seem old and static, it is quite dynamic. As part of our state’s “Common Law” jurisprudence (theory or philosophy of law), cases build on each other over time. As a result, the law continuously evolves to compensate for changes in society, technology, and the like. While no two cases are the same, there is often considerable overlap between the old and new. One part the lawyer’s job is analyzing how prior case law is either analogous to, or distinct from the facts of a current case. Sometimes, there is a good fit; other times, not so much. To absolutely no one’s surprise, pa ..read more

Today, North Carolina has finally re-vamped their unduly harsh and unnecessarily restrictive interlock laws. The new interlock bill does, in relevant part, the following things: Eliminates the mandatory waiting periods for driver’s license restoration or limited driving privilege if a person is operating a motor vehicle that has a functioning ignition interlock system installed on it. (effective date: Limited Driving Privileges issued on or after 12/1) Requires for the restoration of licenses after certain driving while impaired convictions; or the issuance of limited driving privileges tha ..read more

We are excited to be joined by Robert DiDomenico, who is a new associate attorney with Hiltzheimer Law Office. His work with the firm will focus on criminal defense on behalf of the firm’s clients in Wake, Durham, Orange, and surrounding counties. Robert is a graduate of UNC School of Law, where he served as class president of the Student Bar Association and received awards for oral advocacy and clinical work on behalf of clients. Prior to law school, Robert worked as a theater actor in New York City, where he experienced first-hand how “powerless” non-union performers were taken advantage o ..read more

I am available for pro bono representation of demonstrators in Raleigh and Durham. Call me at (919) 899-9404 or email at bh@hiltzheimer.com. I’ll talk for a minute about why. I understand that businesses are devastated by the damage that’s been done in an already painful time, but I also recognize the importance of the words of Dr. King who urged us to listen in times like this. In his words, a riot is the language of the unheard. I am trying to do my part to listen to those voices right now, and to be of service where I can from my position of privilege. I also think we need to be capable of ..read more

NHTSA, or the National Highway Traffic Safety Administration, is a pro-law enforcement national agency that develops the standards for DWI investigations in North Carolina and nationwide. As a result, NHTSA is known for extreme bias and sloppy pseudoscience in its reporting of the effects of alcohol. One classic example is the “standard battery of field sobriety tests,” which cops all over the country rely on to support their assumption that everyone who has a single drink of alcohol is impaired. The problem is, the tests have never been controlled in a way that would pass the laugh test in an ..read more