Felony

The Statute of Limitations for North Carolina Criminal Charges

Published on: October 3, 2018 | 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?”

If you watch a television drama that follows the story of a crime and its prosecution, it seems like a quick process. A crime is committed, suspects are identified, a suspect is charged, the court hears the case, and an outcome is decided. Reality is not like television. Sometimes it takes days, months, or even years to determine who committed a crime. Is there a time limit for bringing about a charge on a suspect? Or can charges be brought anytime after the crime was committed and a suspect was found? The answer to those questions vary from state to state, but in North Carolina it depends on whether the crime was a misdemeanor or a felony.

Man Arrested for Voting in North Carolina

Published on: August 1, 2018 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “If I have an outstanding warrant, what should I do?”

What started as an ordinary traffic stop turned into a felony charge for one North Carolina man. Keith Sellars was driving home from dinner when he was pulled over by a cop for running a red light. While the cop was running Sellars’s license and conducting a background check, it became evident that there was a warrant out for Sellars’s arrest, according to the New York Times.

Supreme Court Upholds Privacy Rights in Warrantless Searches

Published on: July 18, 2018 | On behalf of Arnold & Smith, PLLC

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

One of the fundamental rights that American citizens have is the right to privacy. We have the right to feel secure in our person and be free from unreasonable searches and seizures and government intrusions. The Fourth Amendment to the United States Constitution grants us this right. The crux of the Fourth Amendment is providing protection from the police, or other governmental institutions, from searching you or your belongings without the proper justification. The American judicial system has a whole host of cases dealing with exactly how far the right to privacy extends.

Five Types of Property Crime in North Carolina

Published on: May 16, 2018 | On behalf of Arnold & Smith, PLLC

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

Criminal law is complex. There are many crimes that can be committed under the same “type” of offense and there are different levels of severity for each crime. In North Carolina, there are many different crimes that can be committed to/on property. The following are the most common types of property crime in North Carolina.

What Crimes Are Eligible Under New North Carolina Expungement Law?

Published on: November 1, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question:”What is an expungement?”

We have previously discussed a new law that takes effect in North Carolina on December 1, 2017. The measure deals with expungements and aims to streamline the process, making everything easier and faster for those looking to clean their record. Though we have discussed the existence of the new law and what it hopes to achieve, we have not yet spent time delving into details about the kinds of crimes that are eligible under the new expungement law. For more information about that, keep reading.

Supreme Court Poised To Decide Several Important Criminal Cases

Published on: October 11, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question:”What is an expungement?”

The U.S. Supreme Court is poised to have what many legal experts believe will be a blockbuster year, issuing a number of significant decisions. The docket appears packed with controversial and consequential cases. Last year the court was down a member following the death of Justice Scalia and the justices were not eager to accept potentially divisive cases given the odds of a 4-4 split. Now that Justice Gorsuch has been confirmed, the Court has ramped up its workload.

Criminal Implications of Charlottesville Car Attack

Published on: August 16, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “How is getting charged with a crime on a college campus different from being charged off campus?”

The incident over the weekend in Charlottesville, VA where neo-Nazis and white supremacists gathered to protest the removal of Confederate statues resulted in the tragic death of a young woman. According to authorities, the woman was a counter protestor and was standing on a street corner with others shouting down the assembled white supremacists. James Alex Fields, Jr. is said to have driven his vehicle onto the sidewalk, striking several counter protestors and killing one.

Does appearance impact criminal sentencing?

Published on: June 28, 2017 | On behalf of Arnold & Smith, PLLC

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

A commonly repeated trope of the criminal justice system is that lady justice is blind. We say this because we hope that all are treated fairly before the law. The hope is that only evidence, cold hard facts, play a role in determining guilt or innocence, not a person’s money, family, background, race, or looks. Though there are reasons to doubt how true this is in practice, especially in years past, it’s been an ideal worth striving for. A recent study appears to indicate that there is plenty of room left to strive, concluding that a person’s physical appearance can have an impact on criminal sentencing.

Were crimes committed related to Michael Flynn’s resignation?

Published on: February 22, 2017 | On behalf of Arnold & Smith, PLLC

In the days since Michael Flynn resigned as President Trump’s national security adviser, there have been a lot of questions and not many answers. Many still wonder exactly what transpired between Flynn and the Russian ambassador he now admits to having had contact with. Though we still don’t know the details of many of those conversations, we can discuss potential criminal aspects of Flynn’s resignation, of which there are several.

First, let’s talk about Flynn. Did he break any laws that could result in criminal action? There are two issues at play here: 1) the Logan Act and 2) potential false statements. First, the Logan Act is a piece of legislation that makes it a crime for a private citizen to communicate with a foreign government without proper authority in an attempt to influence the actions of the foreign government. The law is an oldie, but a goodie, having been signed back in 1799 by then President John Adams. The law resulted from actions by a state legislator who went behind the president’s back to try and negotiate a settlement to an undeclared war with France.

Man Recycles Plot from Seinfeld for $1000 in Bottle Refunds, Gets Hit With Felony

Published on: August 9, 2016 | On behalf of Arnold & Smith, PLLC

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

After a plot straight from the popular sitcom Seinfeld went awry, a Michigan man is facing five (5) years in prison for a felony count of beverage return of non-refundable bottles.