Criminal law
The Fourth Amendment protects citizens from unreasonable searches and seizures by the government. It establishes how reasonable searches are defined, and under what circumstances a law enforcement officer can conduct a search with a warrant and without. Since things like traffic stops are considered forms of seizure, in order for them to be “reasonable” a police officer must demonstrate that there was reasonable suspicion for pulling a car over. Further,…
White Collar criminal defense attorney W. Scott Harkey was quoted in an article in the September 2022 issue of Business North Carolina magazine.
Winston Salem federal criminal defense lawyer W. Scott Harkey recently participated in the Andrea Taylor Federal Sentencing Advocacy Workshop sponsored by the Administrative Office of the U.S. Courts Defenders Services Office Training Division.
Winston-Salem attorney W. Scott Harkey was elected Vice-Chair of the North Carolina Bar Association's Criminal Justice Section for 2022-2023. This will be Harkey's third consecutive year on the Executive Committee for the section, where he served as Council Member from 2017 to 2020.
Embezzlement is when someone takes property entrusted to them and uses it for a purpose other than it was given. Usually embezzlement deals with money, but not always. When it comes to embezzlement of state property, it would usually deal with someone who is a state employee who was entrusted with state property. For it to become embezzlement, that person would have misused the state property entrusted to them. An…
Expunction is the legal term for what many people refer to as “expungement.” The terms are interchangeable and refer to a legal resolution where non-violent charges can be removed from a person’s record. Whether an individual is eligible for expunction depends on the severity of the charges. Typically expunction cases deal with theft of property, such as misdemeanor larceny, which is the most common. Misdemeanor or felony drug charges are…
If you are accused of committing a misdemeanor offense on federal land, you likely received a United States District Court Violation Notice. The charging document looks like a speeding ticket. It lists the date of offense, offense charged, place of offense, description of the offense, and your personal information.
Martindale-Hubbell has recognized attorney W. Scott Harkey with an AV Preeminent® Martindale-Hubbell Peer Review Rating™. The highest rating awarded by Martindale-Hubbell. Attorney W. Scott Harkey was given an AV Preeminent® rating from his peers, which means he ranks at the highest level of professional excellence for his legal expertise, communication skills, and ethical standards. Established in 1887, the Martindale-Hubbell Peer Review Rating evaluates lawyers based on the anonymous opinions of…
Harkey Litigation attorney W. Scott Harkey has been appointed to Chair the White-Collar Task Force for the North Carolina Bar Association’s Criminal Justice Section. The White-Collar Task Force is one of thirteen subcommittees of the Criminal Justice Section. The subcommittee will work closely on continuing legal education initiatives for attorneys in the white-collar space. Harkey currently serves as an officer on the NCBA Criminal Justice Section's executive committee. He was…
Obtaining property by false pretenses is the most commonly charged non-violent felony in North Carolina. Obtaining property by false pretense occurs when 1) someone makes a false representation; 2) the representation is calculated and intended to deceive; 3) the other party is in fact deceived; and 4) the person obtains something of value. It is not a "catch-all" offense.
Criminal law