Can I Face Criminal Charges After a Traffic Accident?
Accidents happen very regularly, and most people get into a fender-bender situation at some point in their lives. While, typically, vehicle accidents are civil matters that parties work out between their insurance companies, there are some circumstances that may result in criminal charges. An experienced criminal defense attorney will help you resolve issues that end up in court.
Leaving the Scene of an Accident
Arrest Warrants
Thousands of people in North Carolina face arrest warrants each year. If you have a warrant out for your arrest, you could be sent to jail at almost any time. Sometimes, you may not even realize that you have an active warrant. Getting arrested can be distressing and embarrassing, especially if it happens in front of others or while you are at work. It is helpful to understand the types of arrest warrants in North Carolina and how you should handle the situation if it happens to you.
What is an Arrest Warrant?
How Can I Get an Expungement in North Carolina?
Having a criminal record can wreak havoc on all aspects of your life. When you are convicted of a crime, whether a misdemeanor or felony, you will have a criminal record that will remain forever. Your record will also show that you were charged with a crime. There are some types of crimes that are eligible for sealing or expungement. If you have a criminal conviction on your record, you may want to speak to a knowledgeable criminal defense attorney to learn whether you may be able to get an expungement.
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Understanding the Castle Doctrine (Stand Your Ground)
You are sitting on your back patio when you suddenly see someone you do not know making their way onto your property. The stranger is getting closer and is heading towards your side door with the possible intent of breaking inside. Do you have the right to defend against the intruder? The Castle Doctrine may allow you to take action, but it is best to understand how the doctrine works and what you are able to do to defend yourself, your family, and your property.
What is the Castle Doctrine?
Defending Manslaughter Charges
Manslaughter is the killing of another person without forethought or malice. It differs from the charge of murder in that murder is the killing of another person with intent. There are several types of manslaughter charges that might apply. Although manslaughter is generally a felony, the penalties are usually less severe than the penalties for a murder conviction. If you have been charged with manslaughter, you will want to vigorously defend the charges to seek an acquittal or the lowest sentence possible. A knowledgeable criminal defense attorney will guide you through the legal process.
https://youtu.be/ThFE8uR5EsQ?si=-VHKW2ZB24tV_40E
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
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?
Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”
Getting detained and arrested by the police can be a traumatic experience. The situation often happens rather quickly and only later do you begin to think about how the incident unfolded. While most people understand that they have constitutional rights, they often forget about them completely when they are under the stress of being detained or questioned by law enforcement. When you watch television crime shows you may notice that when someone is arrested without their rights having been read, the judge might throw the entire case out. Although this happens on fictional programs, it is not what usually occurs in real life.
Charlotte DWI Lawyer Brad Smith answers the question: “What steps should I be taking outside legal guidance to help my DWI case?”
Driving while impaired, DWI, is also known as drunk driving. Driving while impaired simply means operating a motor vehicle while you have a diminished or loss of capacity. Impairment is most often due to alcohol intoxication, but it may also include impairment due to illegal drugs or prescription medications. DWI is a serious offense and if found guilty, you could face numerous penalties that may harm you and your family for many years to come. If you were charged with DWI you will want to fight the charges with help from a qualified DWI attorney in North Carolina.
Charlotte DWI Lawyer Brad Smith answers the question: “Are breath test results always accurate?”
Police commonly use breathalyzer tests to determine whether a driver is impaired. In North Carolina, the legal alcohol limit is 0.08% blood alcohol concentration (BAC). If you are found to have a BAC higher than 0.08% you could be arrested and charged with driving while impaired (DWI). It is helpful to understand breathalyzer tests so you know your rights if you get stopped by law enforcement.
Charlotte Criminal Lawyer Blog