traffic stop rights

What Criminal Diversion Programs are Available in North Carolina?

Published on: August 7, 2024 | On behalf of Arnold & Smith, PLLC

What Criminal Diversion Programs are Available in North Carolina?

If you are charged with a crime, you know that you are likely facing a difficult legal process that could result in a conviction. If convicted, you may face penalties that could include fines, probation, and a prison sentence. North Carolina offers criminal diversion programs to help those who are eligible. Diversion programs typically target first-time offenders. A knowledgeable criminal defense attorney will help you through the legal process.

What is a Criminal Diversion Program?

What are the Consequences of a Felony Conviction in North Carolina?

Published on: June 19, 2024 | On behalf of Arnold & Smith, PLLC

What are the Consequences of a Felony Conviction in North Carolina?

A felony conviction will result in a variety of punishments that may include a jail sentence, fines, probation, and community service, among other things. Besides the legal consequences involved, a person convicted of a felony will also suffer consequences that can impact your life for years to come. A felony conviction might cause you difficulties in your ability to get employment, in your education, and even in your personal relationships.

Loss of Some Civil Rights

Habitual Felons in North Carolina

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

Habitual Felons in North Carolina

Felonies are usually serious charges that can result in severe penalties if convicted. The penalties are designed to deter people from committing crimes in the future. Sometimes, a convicted felon commits another crime. Most states have laws in place that require stiffer penalties when someone has previously been convicted of a felony. These laws are often called “three-strike” laws and pertain to people who have two prior felony convictions. These people are known as habitual felons.

What is a Habitual Felon?

New Legislation Requires In-Vehicle Breathalyzers by 2026

Published on: January 10, 2024 | On behalf of Arnold & Smith, PLLC

New Legislation Requires In-Vehicle Breathalyzers by 2026

Impaired driving is an ongoing problem in every state. According to the Centers for Disease Control and Prevention (CDC), there are approximately a million drunk driving arrests in the United States every year. The legal blood alcohol concentration (BAC) in North Carolina is 0.08%. If the police suspect you are driving while impaired, they may ask you to perform some field sobriety tests as well as take part in a breathalyzer test. If you are over the limit, you will likely be facing DWI charges in North Carolina.

What are Breathalyzer Tests?

New License Plate Reader Program Takes Effect in 2024

Published on: January 3, 2024 | On behalf of Arnold & Smith, PLLC

New License Plate Reader Program Takes Effect in 2024

More and more police departments are using automated license plate readers to assist them with law enforcement. There has been controversy surrounding the use of these devices and concern about what law enforcement does with the data. In Charlotte, for instance, the law requires police to purge data after 18 months. In Raleigh, police have to purge data after six months, as long as it is not being used as part of an investigation. A new law in effect allows for the addition of more license plate readers in 2024.

What are Automated License Plate Readers?

What is the Difference Between a Misdemeanor and Felony?

Published on: October 25, 2023 | On behalf of Arnold & Smith, PLLC

What is the Difference Between a Misdemeanor and Felony?

When you are charged with a crime it may be classified as either a misdemeanor or a felony. Regardless, any criminal charges against you are serious and could result in severe consequences. Some penalties could include a prison sentence, fines, probation, community service, suspension of your driver’s license, and more, depending on the charges. There are some important differences between misdemeanor and felony charges, and you will want to speak to an experienced criminal defense attorney as soon as possible.

Misdemeanors and Felonies

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

Your Rights During a Traffic Stop in North Carolina

Published on: August 21, 2019 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?”

Most of the time, a person’s only interaction with law enforcement is during a routine traffic stop. It is not unusual to have a cop pull you over at least once during your lifetime, whether justified or not. Traffic violations are relatively tame on the spectrum of criminal activity, but did you know that you have certain rights in North Carolina that are inalienable no matter the circumstance?