Criminal Lawyer

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?

How Do DWI Breath Tests Work?

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

How Do DWI Breath Tests Work?

Driving while impaired (DWI) is a serious offense. DWI generally refers to driving while under the influence of alcohol, but it can also pertain to drugs. If you are stopped by law enforcement, they will want to assess you for impairment and determine whether you are over the legal drinking limit. The legal limit in North Carolina is 0.08% blood alcohol concentration (BAC). The police will utilize field sobriety tests to evaluate impairment. They will also use breath tests to measure your BAC level.

What is BAC?

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

What are Miranda Rights?

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

What are Miranda Rights?

If you watch crime shows or police reality shows on television, you are probably familiar with law enforcement reading Miranda rights to people before an arrest. The law provides for people to have rights that they can utilize when they encounter members of law enforcement. The law requires police to ensure you understand your constitutional rights by reading them to you at the time of your arrest. If you were arrested, you should speak to a knowledgeable criminal defense attorney as soon as possible.

Establishing Miranda Rights

Should I Fight Marijuana Possession Charges?

Published on: November 9, 2022 | On behalf of Arnold & Smith, PLLC

Should I Fight Marijuana Possession Charges?

Although marijuana is legal in some states, in North Carolina, marijuana is still an illegal substance. If you are caught with marijuana, you could face charges. If guilty, you will have penalties that could impact your life. The penalties are based on how much marijuana you have in your possession. A simple marijuana possession charge may be a misdemeanor, but it can still cause you to have a criminal record if you are convicted. A knowledgeable criminal defense attorney will review the details of your case and help you decide how to proceed.

There are two pieces of legislation that are currently being reviewed in North Carolina. Senate Bill 765 would allow adults to possess up to two ounces of cannabis for recreational purposes. Senate Bill 711, also called the North Carolina Compassionate Care Act, would allow the legal use of marijuana for medicinal purposes. Both of these bills are in varying stages of discussion and approval. If passed, these bills will greatly impact simple marijuana possession laws.

Criminal Defense FAQ

Published on: November 2, 2022 | On behalf of Arnold & Smith, PLLC

Criminal Defense FAQ

If you have been arrested or charged with a crime, you may have questions about what to expect and how you can best prepare for your defense. Generally, criminal charges can be serious, and if you are convicted, you could face severe penalties that might include such things as fines, jail time, community service, probation, and more. A knowledgeable criminal defense attorney will help guide you through the process and assist you in vigorously defending the charges.

Will I Be Able to Get Out of Jail on Bail?

Can I Clean Up My Criminal Record?

Published on: April 3, 2019 | 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?”

We have all done things in our past that we would like to forget. Unfortunately, if what you want to forget was a conviction for a crime, your criminal record will make that difficult. However, some crimes might be able to be wiped from your criminal record. There are different tools that might be used to clean up a person’s criminal record, but one of the most common is expungement.