circumstantial evidence

Habitual Felons in North Carolina

Published on: February 14, 2024 | On behalf of Arnold & Smith, PLLC

Habitual Felons in North Carolina

Felonies are usually serious charges that can result in severe penalties if convicted. The penalties are designed to deter people from committing crimes in the future. Sometimes, a convicted felon commits another crime. Most states have laws in place that require stiffer penalties when someone has previously been convicted of a felony. These laws are often called “three-strike” laws and pertain to people who have two prior felony convictions. These people are known as habitual felons.

What is a Habitual Felon?

New Legislation Requires In-Vehicle Breathalyzers by 2026

Published on: January 10, 2024 | On behalf of Arnold & Smith, PLLC

New Legislation Requires In-Vehicle Breathalyzers by 2026

Impaired driving is an ongoing problem in every state. According to the Centers for Disease Control and Prevention (CDC), there are approximately a million drunk driving arrests in the United States every year. The legal blood alcohol concentration (BAC) in North Carolina is 0.08%. If the police suspect you are driving while impaired, they may ask you to perform some field sobriety tests as well as take part in a breathalyzer test. If you are over the limit, you will likely be facing DWI charges in North Carolina.

What are Breathalyzer Tests?

New License Plate Reader Program Takes Effect in 2024

Published on: January 3, 2024 | On behalf of Arnold & Smith, PLLC

New License Plate Reader Program Takes Effect in 2024

More and more police departments are using automated license plate readers to assist them with law enforcement. There has been controversy surrounding the use of these devices and concern about what law enforcement does with the data. In Charlotte, for instance, the law requires police to purge data after 18 months. In Raleigh, police have to purge data after six months, as long as it is not being used as part of an investigation. A new law in effect allows for the addition of more license plate readers in 2024.

What are Automated License Plate Readers?

What is the Difference Between a Misdemeanor and Felony?

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

What is the Difference Between a Misdemeanor and Felony?

When you are charged with a crime it may be classified as either a misdemeanor or a felony. Regardless, any criminal charges against you are serious and could result in severe consequences. Some penalties could include a prison sentence, fines, probation, community service, suspension of your driver’s license, and more, depending on the charges. There are some important differences between misdemeanor and felony charges, and you will want to speak to an experienced criminal defense attorney as soon as possible.

Misdemeanors and Felonies

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

Evidence in Criminal Cases

Published on: September 13, 2023 | On behalf of Arnold & Smith, PLLC

Evidence in Criminal Cases

When you are charged with a crime, you are likely unsure of the process and what to expect in the course of your case. One of the most important aspects of your case is the evidence that will be utilized in court. Evidence includes a number of items and you will want to understand how it will impact the outcome of your case. Your attorney will handle the review of evidence and will work to defend your criminal charges every step of the way.

Discovery

Do I Have to Enroll in a Treatment Program After a DWI?

Published on: September 6, 2023 | On behalf of Arnold & Smith, PLLC

Do I Have to Enroll in a Treatment Program After a DWI?

Driving while impaired (DWI) is a serious charge, and if you are convicted, you will face some penalties. When you get pulled over and subsequently charged with DWI, you may feel as though your life will never be the same again. In some ways, a DWI conviction will seriously impact your life. You may have your driving privileges suspended, making it harder to get to and from work. You might face some jail time, and you will likely have to pay some fines. In addition, you may need to attend a treatment program.

What is a Treatment Program?

How You Can Help Your Attorney With Your Criminal Defense

Published on: August 30, 2023 | On behalf of Arnold & Smith, PLLC

How You Can Help Your Attorney With Your Criminal Defense

When you are charged with a crime, it is probably one of the most difficult and challenging times in your life. Regardless of whether you were charged with a misdemeanor or felony, you could be facing some serious penalties that may include a jail sentence, fines, community service, and more. If you are found guilty, you will have a criminal record that could restrict your ability to buy a home, rent an apartment, enter college, and more.

You will want to partner with an experienced criminal defense attorney to vigorously defend the charges and get the best possible outcome. While your attorney will handle the many legal issues, there are some things you can do to help make the process easier and to assist your attorney throughout your defense.

I’m Innocent: Do I Still Need an Attorney?

Published on: October 5, 2022 | 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?”

Every day, thousands of people across the country are arrested on criminal charges. In North Carolina, there are more than 100,000 people serving time in prison after a criminal conviction. The criminal justice system is as fair as possible, but there are times when an innocent person is wrongly convicted. Unfortunately, just because you know you are not guilty does not mean that you will not be convicted. It is critical that you defend the charges against you. This is best accomplished with help from an experienced criminal attorney. You do not need to try to defend yourself. Instead, count on the expertise of a skilled lawyer to assist you through the legal process.

Opinion-Based Police Testimony in Criminal Cases

Published on: June 12, 2019 | On behalf of Arnold & Smith, PLLC

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

Police are an integral part of society; they keep the peace, catch criminals, and put their lives at risk to keep the general population safe. Since the police play such a large role in solving crimes and convicting criminals, it is not surprising that police officers are often called to testify during court proceedings. An issue arises with police testimony, however, when the officer testifying was not involved with the incident at all. Instead, that officer is offering an opinion, based off of his or her police experience, as to what happened or would have happened. This practice is controversial because someone without actual knowledge, or only investigative knowledge, of the incident is offering testimony that could sway a jury.