Criminal Defense

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 is the North Carolina Innocence Inquiry Commission?

Published on: March 15, 2023 | On behalf of Arnold & Smith, PLLC

What is the North Carolina Innocence Inquiry Commission?

If you were wrongfully convicted of a crime in North Carolina, there is something you can do about it. Besides filing an appeal, your case might qualify for review by the North Carolina Innocence Inquiry Commission. The Commission has the legal authority to evaluate and make a determination of innocence based on new information or evidence. The NCIIC recently celebrated its 15th anniversary.

What is the North Carolina Innocence Inquiry Commission?

April is National Distracted Driving Awareness Month

Published on: March 8, 2023 | On behalf of Arnold & Smith, PLLC

April is National Distracted Driving Awareness Month

Car manufacturers have been steadily improving the safety of vehicles over the years. As a result, cars are safer than ever before. Unfortunately, accidents are still occurring at a rising rate. One of the reasons for an increase in accidents is distracted driving. Distracted driving increased with the increased use of cell phones. Although it is illegal to use a handheld device while driving, many people still use their phones to text. Texting and other examples of distractions can result in accidents. April is National Distracted Driving Awareness Month per the National Highway Traffic Safety Administration (NHTSA).

What is Distracted Driving?

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.

Types of Sobriety Tests

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

Types of Sobriety Tests

Law enforcement takes drunk driving very seriously. North Carolina law restricts driving with a blood alcohol concentration (BAC) of 0.08% or higher. When police officers pull a vehicle over for a traffic stop, they may think that the driver is intoxicated. Field sobriety tests are the method that officers use to try to determine whether a driver is over the legal drinking limit. Tests are done with a driver to assess their level of impairment. Many people wonder what types of sobriety tests are used and whether they must comply with a request to complete them.

Standardized Field Sobriety Tests

What Are My Fifth Amendment Rights?

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

What Are My Fifth Amendment Rights?

One of the unique things about living in the United States is the U.S. Constitution. As U.S. citizens, we have many rights that are part of our lives. The Fifth Amendment to the U.S. Constitution are rights that apply to everyone. These rights apply to us, particularly when we have been arrested or charged with a crime. Here are the most common Fifth Amendment rights that typically apply to defendants.

Double Jeopardy Clause

How Can I Defend Against Child Abuse Charges?

Published on: January 18, 2023 | On behalf of Arnold & Smith, PLLC

How Can I Defend Against Child Abuse Charges?

Your children are the most important parts of your life, and you will do anything you can to protect them from harm. Sometimes, a problem occurs, and you find that you are charged with child abuse. Child abuse charges are serious, and if convicted, you will face severe penalties. You may also lose your right to spend time with your children, and you might even end up behind bars. If you were charged with child abuse, you must vigorously defend the charges and protect your rights. A knowledgeable criminal defense attorney will help you through the legal process and defend against the charges brought against you.

What is Abuse?

What is a Certificate of Relief?

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

What is a Certificate of Relief?

When you are convicted of a crime, the judge orders penalties, which may include jail time, community service, loss of driver’s license, fines, and more. Although you completed the sentence that was handed down, your conviction continues to have a negative impact on your life. One way to resolve your criminal conviction is with a Certificate of Relief. This is a way to improve your life following a conviction. If you qualify, an experienced criminal defense attorney will assist you in working to obtain a Certificate of Relief.

Basics of a Certificate of Relief

What are the Most Common Crimes?

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

What are the Most Common Crimes?

Crimes occur on a regular basis. Some are considered more serious than others, but if you are charged with a crime, you need to take immediate action to defend yourself. If you are convicted or found guilty of a crime, you could face serious penalties that might have a negative impact on your life for years.

Larceny