Civil Rights

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.

Wrongful Convictions and Racial Disparities in North Carolina’s Criminal Justice System

Published on: November 25, 2020 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Do I need to hire an attorney if I have been falsely accused?”

North Carolina’s criminal courts use the highest burden of proof for convictions and imprisonment. However, even the highest burden of proof may not protect innocent defendants from racial disparities and biases within the criminal justice system.

Do North Carolina Police Officers Need a Warrant to Search Your Home?

Published on: September 30, 2020 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”

If you are familiar with your constitutional rights in the U.S., you probably know that the Fourth Amendment protects you from unreasonable searches and seizures. In other words, police officers must have a warrant to search your home, person, and belongings.

How to Pursue Compensation for Wrongful Incarceration in North Carolina?

Published on: September 9, 2020 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Do I need to hire an attorney if I have been falsely accused?”

Criminal courts use proof beyond a reasonable doubt, the highest legal standard of proof, to ensure that people are imprisoned for actually committing a crime rather than merely being suspected of committing it.

When can North Carolina Police Lawfully Search Your Vehicle?

Published on: July 1, 2020 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”

Even if you did not commit a crime, talking to police officers during a traffic stop can be a stressful experience. When police suspect that you have committed a crime, they may want to search your vehicle. However, unless your circumstances meets the criteria that allow police to do a warrantless search, law enforcement officers need your permission to search your vehicle.

Study based on FBI statistics shows in NC “black individuals were arrested more than 2.5x as often as white individuals”

Published on: June 17, 2020 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?”

The killing of George Floyd by a police officer in Minneapolis, Minnesota, triggered a wave of nationwide protests against racial injustice and police brutality.

Can You be Arrested and Charged With a Crime for Protesting in North Carolina?

Published on: June 3, 2020 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”

Several cities in North Carolina enacted a curfew in response to protests over the killing of George Floyd. In Charlotte, 30 people were arrested during the second night of protests, according to WBTV.