Felony

What are Mitigating Factors in Criminal Sentencing?

Published on: October 30, 2024 | On behalf of Arnold & Smith, PLLC

What are Mitigating Factors in Criminal Sentencing?

After a person has been found guilty or pleads guilty to a crime, the next step is sentencing. The law generally provides guidelines that the judge will use as a starting point for the sentence. Punishment often includes a combination of jail time, fines, probation, community service, and more. The judge will use mitigating factors to determine whether the defendant should receive a lighter punishment. Your attorney will present mitigating factors to the court to try to ensure that you receive an appropriate sentence.

Definition of Mitigating Factors

Investigation Finds Poor Conditions in Mecklenburg County Jails

Published on: October 23, 2024 | On behalf of Arnold & Smith, PLLC

Investigation Finds Poor Conditions in Mecklenburg County Jails

Nobody enjoys the experience of spending time in jail. When you are incarcerated, you do not expect to be treated like you are in a fancy hotel. But you also do not expect to be treated poorly or inhumanely. A recent investigation of Mecklenburg County found that the conditions are terrible and even dangerous. According to the report, there have been 18 deaths since 2019 at the detention center. The investigation sheds light on the problem and asks for something to be done to resolve it. The investigation was conducted by local defense attorneys.

Reports of Inhumane Conditions

Restraining Orders

Published on: October 9, 2024 | On behalf of Arnold & Smith, PLLC

Restraining Orders

A restraining order is a legal order that prohibits an individual from having contact with someone else. A restraining order may also be called a protective order or a no-contact order. A protective order may be temporary or permanent. Once in place, a violation of a protective order can result in criminal charges. It is helpful to understand restraining orders and learn how to defend yourself if you are facing a restraining order. A knowledgeable criminal defense attorney will assist you through the process.

https://youtu.be/BOHrWHvZbQM?si=XPF9agUMnS-oWWiM

Hit and Run Laws in North Carolina

Published on: October 2, 2024 | On behalf of Arnold & Smith, PLLC

Hit and Run Laws in North Carolina

Vehicle accidents are common occurrences. Most accidents involve minor fender benders, although some result in serious injuries and damages. Whenever a driver is involved in a traffic accident, they must follow the law. A person who fails to stay on the scene of a crash or does not report an accident may be subject to penalties and could face criminal charges in some cases. If you have been charged, a knowledgeable criminal defense attorney will help guide your defense and protect your rights.

Hit and Run Law in North Carolina

What is the Difference Between Petty Larceny and Grand Larceny?

Published on: September 25, 2024 | On behalf of Arnold & Smith, PLLC

What is the Difference Between Petty Larceny and Grand Larceny?

Theft or larceny charges are serious, and if you are convicted, you could face a variety of penalties. In addition, you will have a criminal record that will impact many areas of your life for years to come. Petty larceny and grand larceny are both types of theft, and the charges will depend on factors such as the value of items that were allegedly stolen. A knowledgeable criminal defense attorney will help guide you through the process and assist you in your defense.

Definition of Larceny

How Many Drinks are Too Many to Drive?

Published on: September 18, 2024 | On behalf of Arnold & Smith, PLLC

How Many Drinks are Too Many to Drive?

Driving while impaired (DWI) is a serious offense. A driver who is convicted of DWI in North Carolina could face penalties that include suspension of driver’s license, jail time, fines, probation, community service, and a requirement to attend alcohol abuse education or rehabilitation. Most people can tolerate a single alcoholic beverage without noticeable impairment, but how many drinks are too many to drive? The answer isn’t simple. There are many factors that determine impairment.

https://youtu.be/lMcGLBliR40?si=g1dXT4uXngZ6kGLS

Can I Face Criminal Charges After a Traffic Accident?

Published on: September 4, 2024 | On behalf of Arnold & Smith, PLLC

Can I Face Criminal Charges After a Traffic Accident?

Accidents happen very regularly, and most people get into a fender-bender situation at some point in their lives. While, typically, vehicle accidents are civil matters that parties work out between their insurance companies, there are some circumstances that may result in criminal charges. An experienced criminal defense attorney will help you resolve issues that end up in court.

Leaving the Scene of an Accident

Arrest Warrants

Published on: August 28, 2024 | On behalf of Arnold & Smith, PLLC

Arrest Warrants

Thousands of people in North Carolina face arrest warrants each year. If you have a warrant out for your arrest, you could be sent to jail at almost any time. Sometimes, you may not even realize that you have an active warrant. Getting arrested can be distressing and embarrassing, especially if it happens in front of others or while you are at work. It is helpful to understand the types of arrest warrants in North Carolina and how you should handle the situation if it happens to you.

What is an Arrest Warrant?

How Can I Get an Expungement in North Carolina?

Published on: August 21, 2024 | On behalf of Arnold & Smith, PLLC

How Can I Get an Expungement in North Carolina?

Having a criminal record can wreak havoc on all aspects of your life. When you are convicted of a crime, whether a misdemeanor or felony, you will have a criminal record that will remain forever. Your record will also show that you were charged with a crime. There are some types of crimes that are eligible for sealing or expungement. If you have a criminal conviction on your record, you may want to speak to a knowledgeable criminal defense attorney to learn whether you may be able to get an expungement.

https://youtu.be/lMcGLBliR40?si=gmXgSzH3592ahltf

Understanding the Castle Doctrine (Stand Your Ground)

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

Understanding the Castle Doctrine (Stand Your Ground)

You are sitting on your back patio when you suddenly see someone you do not know making their way onto your property. The stranger is getting closer and is heading towards your side door with the possible intent of breaking inside. Do you have the right to defend against the intruder? The Castle Doctrine may allow you to take action, but it is best to understand how the doctrine works and what you are able to do to defend yourself, your family, and your property.

What is the Castle Doctrine?