Felony

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?

Habitual Impaired Driving in North Carolina

Published on: November 30, 2022 | On behalf of Arnold & Smith, PLLC

Habitual Impaired Driving in North Carolina

Driving while impaired or intoxicated is an offense that law enforcement officers take seriously. The laws and penalties are designed to deter people from driving while intoxicated. A DWI conviction could result in a sentence that includes jail time, fines, community service, alcohol education classes, probation, and suspension of your driving privileges.

The penalties for DWI increase substantially for repeat offenses. Habitual impaired driving will result in the revocation of your driver’s license, among other penalties. If you were charged with a repeat offense of DWI, it is important to actively fight the charges with help from an experienced DWI attorney in North Carolina.

What’s The Difference Between a Misdemeanor DWI And a Felony DWI?

Published on: May 4, 2022 | On behalf of Arnold & Smith, PLLC

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.

Can I Get My Vehicle Back After Seizure?

Published on: April 27, 2022 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”

Your vehicle is one of the most important necessities of life. You may need a vehicle to get to school or work, to drive family to appointments, to run errands, and more. Life is certainly more difficult and complicated when you do not have a car. Although you may have worked hard to get your car, it can be taken away by the police in a vehicle seizure. When that happens, you need to act quickly in order to try to get your vehicle back. An experienced North Carolina criminal defense attorney can assist you in the process of how you may be able to get your car returned after a vehicle seizure.

Fleeing the Scene of an Accident

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

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”

Rules are in place to ensure that drivers are careful on the road. The law requires drivers to have liability insurance to cover any damages and injuries that occur due to their negligence in an accident. Although most accidents are minor, some are more serious and result in severe injuries. Those who are involved in accidents are required to remain on the scene. If you leave the scene of an accident, you may face criminal charges. If you face criminal charges for fleeing the scene of an accident, you may want to consult with a criminal defense attorney as soon as possible.

What is Vehicular Manslaughter?

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

Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?”

Manslaughter is a serious criminal charge in North Carolina. Manslaughter is a crime that may be charged when someone is responsible for the death of another. There are three main types of manslaughter in North Carolina, including voluntary, involuntary, and vehicular. Voluntary manslaughter occurs when a person intends to cause harm to another due to negligence or recklessness. Involuntary manslaughter is when a person unintentionally causes the death of another. There is a separate charge for a death that occurs due to a vehicle accident. This charge is called vehicular manslaughter.

What are Misdemeanor Charges in North Carolina?

Published on: December 29, 2021 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”

In North Carolina, as in other states, there are two main categories of crimes that include misdemeanors and felonies. Although you might be charged with a misdemeanor, it does not mean you should not take the charges seriously. Even misdemeanor convictions result in severe punishments and could negatively impact your life for many years. If you are charged with a crime, regardless of the classification, it is usually in your best interest to seek guidance from a qualified criminal defense attorney in North Carolina. Your attorney will protect your rights and strongly defend the charges.