Nick Benjamin

Nick Benjamin is a former police officer, prosecutor and North Carolina Assistant Attorney General. He has practiced for nearly a decade in Asheville North Carolina. The majority of his time practicing law came as a prosecutor in Buncombe County, where he has prosecuted everything from speeding tickets to first degree murder. Nick left the Buncombe County District Attorney's Office in July 2022 (when he was focusing on violent crimes and firearms offenses) to start his own practice. In addition to an extensive criminal law background which includes over 300 bench trials and over 40 jury trials, Nick was an assistant attorney general for the North Carolina Department of Justice and practiced criminal appellate work and condemnation and eminent domain. Prior to becoming an attorney, Nick was a police officer with the Asheville Police Department, where he was BLET certified and SFST certified - experience which has helped him in his criminal defense practice. Nick is a native of Asheville, and graduated from Mars Hill University and University of Arkansas school of law. Learn more about Nick at www.nickbenjaminlaw.com

University of Arkansas - Fayetteville

J.D.

2010 - 2012

Mars Hill College

B.A.

2003 - 2007

Assistant District Attorney

Buncombe County District Attorney's Office

2013 - 2022

Assistant District Attorney / Prosecutor. Last held position as the violent crimes and firearms prosecutor. Over 40 jury trials and 300 bench trials.

North Carolina State Bar  # 45366

Member

Current

North Carolina

North Carolina State Bar

ID Number: 45366

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Q. Can misdemeanor parole officer violate 1st time offender failing a drug test resulting being incarcerated

February 14, 2023

A: Your question is confusing, but if you are asking if your probation officer can violate you for a failed drug test, and possibly put you in jail, the answer is yes. Same for parole officer. Probation and parole officers can be the same person, but Probation is in lieu of prison and parole is released from prison.

Does not mean they will, but they can.

Q. Have a fta and no lawyer lost job couldn't hire got moved to suppior without court date checked online never showed up

February 8, 2023

A: Hire a lawyer, they can speak with a district attorney about getting your case reset and having the warrant withdrawn

Q. In North Carolina does the state have the right to appeal a DWI case to Superior Court.

January 30, 2023

A: yes, they can appeal if it’s motion to suppress.