circumstantial evidence

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.