traffic stops

What is the Pretrial Integrity Act?

Published on: February 21, 2024 | On behalf of Arnold & Smith, PLLC

What is the Pretrial Integrity Act?

After you are arrested, you will go before a judge. When you are in court, you will learn the charges against you, and the judge will typically set bond. Bond means that the defendant will be allowed to stay out of jail but must appear in court for their upcoming case or will forfeit the bail they provided. There are also often some conditions for remaining out of jail. Recently, the Pretrial Integrity Act went into effect, which changes how bond is set for some types of criminal charges.

Pretrial Integrity Act

Habitual Felons in North Carolina

Published on: February 14, 2024 | On behalf of Arnold & Smith, PLLC

Habitual Felons in North Carolina

Felonies are usually serious charges that can result in severe penalties if convicted. The penalties are designed to deter people from committing crimes in the future. Sometimes, a convicted felon commits another crime. Most states have laws in place that require stiffer penalties when someone has previously been convicted of a felony. These laws are often called “three-strike” laws and pertain to people who have two prior felony convictions. These people are known as habitual felons.

What is a Habitual Felon?

What Should I Do After an Arrest?

Published on: January 31, 2024 | On behalf of Arnold & Smith, PLLC

What Should I Do After an Arrest?

If you were arrested for a crime, you may be worried and afraid, especially if this is your first arrest. The legal system can seem daunting, and you may feel completely alone and terrified. You do not want to do anything that could damage your case and cause you further harm. Yet, you want to try to help your case and hopefully get yourself out of hot water. If you have been arrested or detained, you will want to seek guidance from an experienced criminal defense attorney to help you through the process and protect your rights.

Listen to Law Enforcement

New Legislation Requires In-Vehicle Breathalyzers by 2026

Published on: January 10, 2024 | On behalf of Arnold & Smith, PLLC

New Legislation Requires In-Vehicle Breathalyzers by 2026

Impaired driving is an ongoing problem in every state. According to the Centers for Disease Control and Prevention (CDC), there are approximately a million drunk driving arrests in the United States every year. The legal blood alcohol concentration (BAC) in North Carolina is 0.08%. If the police suspect you are driving while impaired, they may ask you to perform some field sobriety tests as well as take part in a breathalyzer test. If you are over the limit, you will likely be facing DWI charges in North Carolina.

What are Breathalyzer Tests?

New License Plate Reader Program Takes Effect in 2024

Published on: January 3, 2024 | On behalf of Arnold & Smith, PLLC

New License Plate Reader Program Takes Effect in 2024

More and more police departments are using automated license plate readers to assist them with law enforcement. There has been controversy surrounding the use of these devices and concern about what law enforcement does with the data. In Charlotte, for instance, the law requires police to purge data after 18 months. In Raleigh, police have to purge data after six months, as long as it is not being used as part of an investigation. A new law in effect allows for the addition of more license plate readers in 2024.

What are Automated License Plate Readers?

What is the Difference Between Detainment and Arrest?

Published on: November 1, 2023 | On behalf of Arnold & Smith, PLLC

What is the Difference Between Detainment and Arrest?

If you watch any of the reality police shows on television, you may notice that police sometimes place people in handcuffs rather quickly. Sometimes they tell the person that they are not being arrested, but instead are being detained. You may wonder what the difference is and when detainment turns into arrest. You will want to understand in case you find yourself in this particular situation.

What is Detainment?

What is the Difference Between a Misdemeanor and Felony?

Published on: October 25, 2023 | On behalf of Arnold & Smith, PLLC

What is the Difference Between a Misdemeanor and Felony?

When you are charged with a crime it may be classified as either a misdemeanor or a felony. Regardless, any criminal charges against you are serious and could result in severe consequences. Some penalties could include a prison sentence, fines, probation, community service, suspension of your driver’s license, and more, depending on the charges. There are some important differences between misdemeanor and felony charges, and you will want to speak to an experienced criminal defense attorney as soon as possible.

Misdemeanors and Felonies

Pretrial Integrity Act Now in Effect

Published on: October 11, 2023 | On behalf of Arnold & Smith, PLLC

Pretrial Integrity Act Now in Effect

A new law is in place in North Carolina. The Pretrial Integrity Act went into effect on October 1, 2023. The bill was initially introduced as House 813 and was signed into law by Governor Roy Cooper on July 1, 2023. The law is designed to allow judges the ability to make decisions regarding setting bonds for defendants. Proponents of the bill wanted legislation in place to ensure that dangerous criminals would be kept in jail pending their trials.

Bond in Criminal Cases

Mecklenburg County Courts Going Digital – Delays are Expected

Published on: October 4, 2023 | On behalf of Arnold & Smith, PLLC

Mecklenburg County Courts Going Digital – Delays are Expected

We all like efficiency and there is a need to bring all of our governmental processes into the digital age. With this in mind, the court system in North Carolina has been undergoing a transition to digital. The new system is designed to improve the court system with a software package of applications called eCourts. The state-wide implementation of the digital system is expected to cost about $100 million. The system will provide more online access to court activities and allow judges and clerks to complete more of their work from their computers.

Planned Transition Was Postponed

Can I Record a Traffic Stop?

Published on: September 20, 2023 | On behalf of Arnold & Smith, PLLC

Can I Record a Traffic Stop?

We live in the digital age, where everyone has a phone that takes photos and videos. Because of this, people have access to recordings everywhere they go. You are likely aware of the many postings of traffic stops and police encounters that are posted on a regular basis on social media sites. Allegations of law enforcement misconduct and even unwarranted violence are common. You may feel that you should record your police interactions. However, the ability to record something does not necessarily mean that it is legal to do so. Many people wonder whether they have the right to record a traffic stop in North Carolina.

Recording in Public Spaces