Free Consultation: (828) 712-5747Tap to Call This Lawyer
Nick Benjamin

Nick Benjamin

Asheville criminal defense attorney - former prosecutor and police officer
  • Criminal Law, DUI & DWI, Real Estate Law ...
  • North Carolina
Claimed Lawyer ProfileQ&A

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

University of Arkansas - Fayetteville
University of Arkansas - Fayetteville Logo
Mars Hill College
Placeholder image for education.
Professional Experience
Assistant District Attorney
Buncombe County District Attorney's Office
Assistant District Attorney / Prosecutor. Last held position as the violent crimes and firearms prosecutor. Over 40 jury trials and 300 bench trials.
Professional Associations
North Carolina State Bar  # 45366
Placeholder image for professional associations.
Jurisdictions Admitted to Practice
North Carolina
North Carolina State Bar
ID Number: 45366
Placeholder image for jurisdictions.
  • Free Consultation
  • Credit Cards Accepted
Practice Areas
    Criminal Law
    Criminal Appeals, Drug Crimes, Expungement, Fraud, Gun Crimes, Internet Crimes, Sex Crimes, Theft, Violent Crimes
    DUI & DWI
    Real Estate Law
    Eminent Domain, Land Use & Zoning
    Traffic Tickets
    Suspended License
  • English
Legal Answers
Q. In North Carolina does the state have the right to appeal a DWI case to Superior Court.
A: yes, they can appeal if it’s motion to suppress.
Q. If I took papers out on someone and decided to drop charges can I do that
A: If the district attorney allows it, then yes. 95% of the time they will allow it. You may still need to go to court to tell the DA you want it dismissed
Q. I have a pending case ..I'm currently in drug treatment and my center sent in documentation. Now I dont see my case
A: It could mean you missed a court date and have a warrant, or it could mean you were indicted and haven’t been served with the indictment, among other things. Call your lawyer if you have one, or you can possibly call the district attorneys office and they can give you an update, or the clerks office. Better yet, hire a lawyer to help you
View More Answers
Websites & Blogs
Benjamin Law, PLLC - Nick Benjamin - Asheville Criminal Defense Attorney
Contact & Map
Benjamin Law, PLLC
30 Choctaw St
2nd Floor
Asheville, NC 28801
Telephone: (828) 712-5747