Court Procedures

Appealing a Criminal Case

Published on: March 16, 2022 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question:”A past conviction is keeping me from finding work. What can I do?”

If you were convicted of a crime, you may think that your case is over. In reality, there could be some reasons that you might be able to appeal the conviction. The law allows an appeal under some circumstances. It is almost always in your best interest to discuss your case with an attorney to determine whether an appeal may be an appropriate option. If you win an appeal, you may be able to obtain a new trial or may be able to get a different sentence. An experienced criminal defense attorney will help evaluate your case and determine whether an appeal is possible.

How Does Bond Work?

Published on: February 23, 2022 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “If I have an outstanding warrant, what should I do?”

If you are charged in a criminal case, the situation can be terrifying. The legal system might seem complicated, especially for those who have not previously faced criminal charges. There are many processes and procedures that are necessary following an arrest. One of the initial hearings with the judge is where the defendant will learn of the charges and the judge will determine bail. The attorneys can provide arguments as to why the defendant should or should not have a particular amount of bond or any bond at all. A criminal defense attorney will represent you through this process and answer questions and provide guidance throughout.

Should I Take a Plea Deal?

Published on: October 20, 2021 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?”

When you have been charged with a crime you may feel scared and unsure of what to expect. Your charges could result in severe punishments if you are convicted. You may wonder whether you will be able to take a plea deal or whether they will even offer one. A plea deal, also called a plea bargain, is a common option for those facing a wide range of criminal charges. According to the U.S. Department of Justice, up to 95% of all state and federal criminal cases conclude with a plea bargain rather than a trial.

What is an Alford Plea in North Carolina?

Published on: April 21, 2021 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?”

If you are facing criminal charges, you probably know that you have the option of pleading “guilty,” “not guilty,” or “no contest.” Many people do not realize that there is a fourth option in some states, including North Carolina. It is called the “Alford plea,” named after a historic Supreme Court ruling in 1970.

What Does Mandatory Minimum Sentencing Mean in North Carolina?

Published on: January 6, 2021 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?”

North Carolina law does not have mandatory minimum sentences for most criminal offenses. In most criminal cases, prosecutors can offer a plea bargain while judges have discretion over the sentences they impose.

What is a Mens Rea Standard in Criminal Cases in North Carolina?

Published on: October 28, 2020 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?”

Mens Rea, which is Latin for “guilty mind,” is a standard in North Carolina’s criminal cases that helps prevent people from being punished when their intentions were innocent. The concept helps differentiate between an individual who intentionally committed a crime and an individual who did not intend to do it.

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.

Can My Criminal Defense Attorney Appear in Court on My Behalf?

Published on: August 12, 2020 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “Can I represent myself on a traffic ticket?”

If the mere thought of standing in front of a judge in court is too overwhelming or scary, you may wonder whether your criminal defense lawyer can appear in court for you. If, for some reason, you cannot or do not want to show up at a court hearing in person, can your attorney appear on your behalf so that you do not have to reschedule the upcoming hearing?

How can You Get a Speedy Trial in North Carolina During the COVID-19 Pandemic?

Published on: May 6, 2020 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “Can I represent myself on a traffic ticket?”

The coronavirus pandemic, which paralyzed the U.S. court system, made it problematic for defendants to get a speedy trial. Luckily, there are ways to defend your right to a speedy trial despite the ongoing COVID-19 pandemic.

North Carolina Prisons to Release High-Risk Inmates Amid COVID-19 Fears

Published on: April 15, 2020 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”

North Carolina’s state prisons are releasing some inmates out early in an attempt to slow the spread of COVID-19 in prisons. The announcement was made by the state’s corrections officials, according to the Charlotte Observer.