Charlotte Criminal Lawyer Blog

Q and A: Reckless Driving in North Carolina

Published on: September 24, 2025 | On behalf of Arnold & Smith, PLLC

Q and A: Reckless Driving in North Carolina

What is the Definition of Reckless Driving?

Reckless driving is driving any vehicle on a highway or other public vehicular area “carelessly and heedlessly in willful or wanton disregard of the rights and safety of others”. It simply means that a driver was operating their vehicle in an unsafe manner or in a dangerous way. Reckless driving also applies to commercial vehicles carrying loads in an unsafe or dangerous manner. Typically, reckless driving is due to speeding, although it may apply to any situation in which a driver endangers others.

Criminal Trespass Charges

Published on: September 17, 2025 | On behalf of Arnold & Smith, PLLC

Criminal Trespass Charges

There is a difference between public and private property. Public property includes spaces that are open for public use, while private property belongs to a person or company. To access someone’s private property, you must be invited by the owner or a representative of the owner. Entering someone else’s property without being invited may be a crime in North Carolina and elsewhere. Private property may include both outdoor and indoor spaces. Trespassing takes on several forms; however, if you are charged with criminal trespass, you will want to seek legal guidance to defend the charges.

First-Degree Trespass

Prescription Fraud Charges in North Carolina

Published on: September 10, 2025 | On behalf of Arnold & Smith, PLLC

Prescription Fraud Charges in North Carolina

There are thousands of types of medications that are designed for a multitude of ailments. Doctors prescribe medications that are not available over the counter. These prescription medications are supposed to be used to treat specific ailments and for a defined period of time. Unfortunately, many prescription medications can be addictive, and patients may want to continue taking the drugs even after their initial medical problem has been resolved. Laws are in place to prevent prescription fraud. If you have been charged with prescription fraud you will want to consult with an experienced criminal defense attorney as soon as possible.

What is Prescription Fraud?

What is Implied Consent in North Carolina?

Published on: September 3, 2025 | On behalf of Arnold & Smith, PLLC

What is Implied Consent in North Carolina?

When you obtain a driver’s license in North Carolina, you have some privileges as well as obligations. A license gives you the right to drive as long as you follow the rules and laws. If you get too many violations, the DMV could suspend or revoke your license. One of the most serious driving violations you may face is driving while impaired (DWI). If you are suspected of DWI in North Carolina, law enforcement will ask you to submit to a test to determine your level of impairment. As part of your driver’s license agreement, you consent to complete chemical tests for DWI.

Implied Consent in North Carolina

How Speed Limits are Determined May Change

Published on: August 27, 2025 | On behalf of Arnold & Smith, PLLC

How Speed Limits are Determined May Change

Speeding is one of the most common causes or contributing factors to vehicle accidents. According to the National Highway Traffic Safety Administration (NHTSA), almost a third of fatal crashes are due to speeding. Driving too fast can result in losing control of a vehicle and puts other drivers and pedestrians at risk. Most roads and highways have posted speed limits. Speed limits are designed to allow drivers to travel safely on roadways. However, the method used to set speed limits may soon be considered obsolete.

What is the 85th Percentile Rule?

What is the Difference Between Criminal and Civil Liability?

Published on: August 20, 2025 | On behalf of Arnold & Smith, PLLC

What is the Difference Between Criminal and Civil Liability?

The legal system can be complex, with various types of charges and penalties in place for those who do something wrong. Federal, state, and local laws are in place to ensure that people do not harm others through their actions. These laws generally provide for criminal penalties such as a jail sentence and more. Sometimes, a person may cause harm to another, even when the action is not considered a crime. It is helpful to understand the differences between criminal and civil liability as well as the overlap that may occur in some situations.

Criminal Charges

Domestic Violence in North Carolina – FAQ

Published on: August 13, 2025 | On behalf of Arnold & Smith, PLLC

Domestic Violence in North Carolina – FAQ

What is Domestic Violence?

Domestic violence includes a violent crime against a person with whom you have a personal relationship. According to North Carolina law, this includes a spouse or former spouse, romantic partner or former romantic partner, a person with whom you share a child, a family member, or a roommate. Family members generally include parents and siblings, but may include other family members, particularly if you live with them.

Understanding Citizen’s Arrest

Published on: August 6, 2025 | On behalf of Arnold & Smith, PLLC

Understanding Citizen’s Arrest

There are state and federal laws in place to protect citizens. Law enforcement agencies are in place at both the federal and state levels to ensure that people follow the law. For the most part, we leave arrests up to the professionals who are there to uphold the rules. Although the police are in place to handle unlawful situations, there may be times when a regular citizen is authorized to make an arrest. So, what exactly is a citizen’s arrest, and is it legal?

What is a Citizen’s Arrest?

North Carolina Campaign Cracks Down on Speeders

Published on: July 30, 2025 | On behalf of Arnold & Smith, PLLC

North Carolina Campaign Cracks Down on Speeders

Speeding is one of the leading causes of vehicle accidents. Driving too quickly can endanger the driver, passengers, and other vehicles on the roads. Speed is a factor in many accidents that result in injuries or fatalities. According to the North Carolina Department of Transportation, there were almost 400 deaths and thousands of injuries that were attributed to speeding last year. These accidents, injuries, and deaths are preventable. A new campaign is in place to crack down on North Carolina speeders.

https://youtu.be/mcoAB8pDGRY?si=PF9iPPsUwV6YH1Ys

How Can I Protect My Rights if I am Arrested?

Published on: July 23, 2025 | On behalf of Arnold & Smith, PLLC

How Can I Protect My Rights if I am Arrested?

Getting arrested can be a stressful and traumatic situation for anyone. Whether the arrest comes as a surprise or not, you may be feeling unsure of what you should and should not do to protect your rights. Although law enforcement will guide the process, there are some things you must do in order to ensure the best possible results for your case. Whether you feel you are innocent or not, speaking to the police can cause problems later. It is best to speak to a knowledgeable criminal defense attorney as soon as possible.

https://youtu.be/0zjT4EGewAI?si=1BfP9oe5wf8vFqO7