Criminal Defense

Help! Police Arrested My Teenager!

Published on: June 30, 2021 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “What should parents tell their children to do when interacting with police officers?”

Your teenager has been arrested by the Charlotte Police Department, and you have received a disturbing call on the phone. It is going to be tough, but try not to panic. Your child needs you to stay focused and in charge. Children make mistakes. It is our job as adults to make sure those mistakes do not become a criminal record that follows good kids for the rest of their lives. The following are some things to consider if you ever find yourself in this situation. And of course, if your son or daughter has been arrested, the best thing you can do is reach out to an experienced criminal defense lawyer in Charlotte right away.

Five Reasons to Choose a Private Criminal Defense Attorney Over a Public Defender

Published on: May 19, 2021 | 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?”

Under the Sixth Amendment to the U.S. Constitution, you have a right to be represented by an attorney provided and paid by the state. While you can use a public defender if you cannot afford a private attorney, doing so might negatively impact the outcome of your criminal case.

What is Domestic Criminal Trespass in North Carolina?

Published on: May 5, 2021 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “The person that called the police doesn’t want to press charges, can I still be prosecuted?”

Generally, when people get divorced or legally separated, one of the spouses will leave the marital home. Often, the spouse who leaves is prohibited from returning home either while the divorce is pending or forever.

What are the Penalties for Hit-and-Run in North Carolina?

Published on: April 28, 2021 | On behalf of Arnold & Smith, PLLC

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

In North Carolina, drivers who leave the scene of a car accident can face criminal charges for a hit-and-run. The consequences of a hit-and-run conviction in North Carolina depend on whether the crime is classified as a felony or a misdemeanor.

What if the Police Have a Warrant for My Arrest in North Carolina?

Published on: March 31, 2021 | On behalf of Arnold & Smith, PLLC

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

When someone commits a criminal offense, and the police have a warrant for that person’s arrest, it is critical to act quickly and appropriately. If there is a warrant for your arrest, the last thing you need is to panic, run away, or make bad decisions that would negatively impact the outcome of your criminal case.

Is Self-Defense Considered Assault in North Carolina?

Published on: January 27, 2021 | On behalf of Arnold & Smith, PLLC

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

Many North Carolinians mistakenly believe that they have a right to self-defense any time they are attacked or provoked by another individual. While self-defense can be justifiable under certain circumstances, “defending” yourself could still be considered assault in North Carolina.

What are Criminal Penalties for Violating North Carolina’s COVID-19 Curfew?

Published on: December 23, 2020 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “The person that called the police doesn’t want to press charges, can I still be prosecuted?”

North Carolina’s statewide curfew took effect on December 11, 2020, as COVID-19 cases and hospitalizations continue to rise and break new records. Under the state’s modified Stay-at-Home order, residents must stay at home between 10 p.m. and 5 a.m. What if you violate the order?

Wrongful Convictions and Racial Disparities in North Carolina’s Criminal Justice System

Published on: November 25, 2020 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Do I need to hire an attorney if I have been falsely accused?”

North Carolina’s criminal courts use the highest burden of proof for convictions and imprisonment. However, even the highest burden of proof may not protect innocent defendants from racial disparities and biases within the criminal justice system.

What is a Mens Rea Standard in Criminal Cases in North Carolina?

Published on: October 28, 2020 | 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?”

Mens Rea, which is Latin for “guilty mind,” is a standard in North Carolina’s criminal cases that helps prevent people from being punished when their intentions were innocent. The concept helps differentiate between an individual who intentionally committed a crime and an individual who did not intend to do it.

Six Defenses if You are Wrongfully Accused of a Crime in North Carolina

Published on: October 21, 2020 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Do I need to hire an attorney if I have been falsely accused?”

Being wrongfully accused of a crime you did not commit is a stressful and life-altering experience. The emotional distress associated with being charged with a crime when you are innocent cannot compare to anything else.