Civil Rights

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

Do I Have to Identify Myself to the Police?

Published on: May 31, 2023 | On behalf of Arnold & Smith, PLLC

Do I Have to Identify Myself to the Police?

Many people watch police reality shows on television and notice that the police always ask for identification. In fact, it is usually the first thing they do when they approach someone. If you have been stopped by the police while driving, you know that the officer likely immediately asked for your name. Some people wonder whether they are required to identify themselves to the police. If you were charged with a crime, it is helpful to seek legal guidance from an experienced criminal defense attorney in North Carolina.

Must I Identify Myself to the Police?

How Can I Appeal a Guilty Conviction?

Published on: May 10, 2023 | On behalf of Arnold & Smith, PLLC

How Can I Appeal a Guilty Conviction?

A conviction in a criminal case can be devastating. A conviction could result in serious penalties that could have a lasting impact on you and your family. When found guilty of a crime, you will face the sentence that a judge imposes based on the severity of the crime. You may hear that many people appeal their convictions, and some of them are successful. There is a legal method in place to file an appeal. A knowledgeable criminal defense attorney will help guide the appeal process.

Does My Case Qualify for Appeal?

I Was Charged With a Crime: Should I Plead Not Guilty?

Published on: May 3, 2023 | On behalf of Arnold & Smith, PLLC

I Was Charged With a Crime: Should I Plead Not Guilty?

Criminal charges are almost always serious. While some offenses are misdemeanors, others are felonies. Misdemeanors often carry fewer penalties, while felonies have stronger punishments, depending on the crime. If you are charged with a crime, one of the first things that happens is a first appearance. The judge will tell you what you are charged with, and you will need to enter a plea. The plea you enter will make a difference in the way your case progresses. The plea you make could have a long-term impact on your life and the lives of your loved ones. It is advisable to talk to an experienced criminal defense attorney before you enter a plea.

https://youtu.be/JkXdKeM3anU

Capital Punishment in North Carolina

Published on: April 19, 2023 | On behalf of Arnold & Smith, PLLC

Capital Punishment in North Carolina

North Carolina has various punishments for different crime convictions. The most serious of all crimes have the most severe penalties. The U.S. Supreme Court has ruled that the death penalty is only to be used for crimes that result in death, such as murder. Only about half the states have capital punishment in place. Capital punishment is a penalty for first-degree murder in North Carolina.

What is Capital Punishment?

Gun Permits No Longer Required in North Carolina

Published on: April 12, 2023 | On behalf of Arnold & Smith, PLLC

Gun Permits No Longer Required in North Carolina

The Second Amendment of the U.S. Constitution gives citizens the right to bear arms. Many federal, state, and local laws are in place to govern gun ownership across the country. Recent legislation has removed the requirement for gun permits in North Carolina. This means that residents may purchase and own a handgun without having to obtain a permit from the local sheriff. This is a change to a permit requirement that was previously in place. The change takes effect immediately.

Handgun Permit Repeal

Can I Carry a Gun in My Car?

Published on: March 29, 2023 | On behalf of Arnold & Smith, PLLC

Can I Carry a Gun in My Car?

The Second Amendment of the U.S. Constitution provides all citizens with the right to bear arms. North Carolina has a gun ownership rate of 45.8%, which means that almost half the adults in the state own firearms. While it is your right to own a firearm, firearm owners must follow the law. Responsible gun owners need to know the laws to ensure that they are not charged with a gun crime. There are various laws in place that pertain to gun ownership in North Carolina.

Gun Ownership Laws

Does North Carolina Have a Stand Your Ground Law?

Published on: March 22, 2023 | On behalf of Arnold & Smith, PLLC

Does North Carolina Have a Stand Your Ground Law?

Residents have a right to defend themselves and their property. The ability to protect and defend your home has been in the news over the last decade. More and more states have enacted “stand your ground” laws to clarify your rights and provide guidance for how and when it is legal to use force to protect yourself. At least half the states have such a law on the books. North Carolina has had a “stand your ground” law in place since 2011. An experienced North Carolina criminal defense attorney will answer your questions and defend against your charges.

What Does it Mean to Stand Your Ground?

What to Do if You are Stopped By the Police

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

What to Do if You are Stopped By the Police

When the police are not handling major crimes, they are often roving around on the lookout for traffic violations and minor offenses. The police may stop you for any number of reasons. If you have ever been stopped, you know that you might get very scared, even if you did not do anything wrong. Your heart rate may go up, and you could experience other signs of anxiety. You might become flustered when you speak with the officer. It is helpful to know what you should and should not do when you get stopped by the police.

Slow Down and Pull Over – As soon as you see police lights or hear the siren behind you, it is your duty to pull over to the side of the road as soon as possible. You will want to choose a safe spot, but you must slow down so the police know that it is your intention to stop. You do not want to provoke a chase or get charged with failure to heed.

What are Your Rights After Getting Stopped by the Police?

Published on: June 2, 2021 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Am I allowed to videotape an interaction with police? Can they make me stop filming?”

One of the many duties of the police is to make routine stops. This, among other reasons, is why an officer can sometimes pull you over. Getting stopped by the police should not be an alarming experience, but sometimes it can escalate into something else.