Criminal Defense

Can I Appeal a Criminal Conviction in North Carolina?

Published on: March 6, 2024 | On behalf of Arnold & Smith, PLLC

Can I Appeal a Criminal Conviction in North Carolina?

A state criminal conviction may seem like the worst thing that could have happened, but there may be something you can do about it. A criminal conviction does not necessarily mean that your fight to defend yourself is over. In some cases, you may be able to appeal a criminal conviction in North Carolina. It is helpful to know that there are different rules that may apply to appealing a case in federal court.

Reasons to Appeal a State Conviction

What is the Pretrial Integrity Act?

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

What is the Pretrial Integrity Act?

After you are arrested, you will go before a judge. When you are in court, you will learn the charges against you, and the judge will typically set bond. Bond means that the defendant will be allowed to stay out of jail but must appear in court for their upcoming case or will forfeit the bail they provided. There are also often some conditions for remaining out of jail. Recently, the Pretrial Integrity Act went into effect, which changes how bond is set for some types of criminal charges.

Pretrial Integrity Act

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?

What Should I Do After an Arrest?

Published on: January 31, 2024 | On behalf of Arnold & Smith, PLLC

What Should I Do After an Arrest?

If you were arrested for a crime, you may be worried and afraid, especially if this is your first arrest. The legal system can seem daunting, and you may feel completely alone and terrified. You do not want to do anything that could damage your case and cause you further harm. Yet, you want to try to help your case and hopefully get yourself out of hot water. If you have been arrested or detained, you will want to seek guidance from an experienced criminal defense attorney to help you through the process and protect your rights.

Listen to Law Enforcement

How Can I Successfully Defend Against Assault Charges in North Carolina?

Published on: January 24, 2024 | On behalf of Arnold & Smith, PLLC

How Can I Successfully Defend Against Assault Charges in North Carolina?

Assault is a common crime that may be charged as either a misdemeanor or felony, depending on the circumstances. Assault generally means attempting to physically harm another person, and it may be charged even if you did not touch the other person in some cases. Assault is also called simple assault and is generally a less serious crime than assault and battery. If you are charged with simple assault, you will want to take steps to provide the best defense possible. A knowledgeable criminal defense attorney will assist you in vigorously defending assault charges.

Simple Assault in North Carolina

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?

What is the Juvenile Diversion Program?

Published on: December 13, 2023 | On behalf of Arnold & Smith, PLLC

What is the Juvenile Diversion Program?

Just about every child has taken something that doesn’t belong to them. Whether it was a candy bar or something more valuable, theft is a crime that is punishable by law. Theft is likely the most common crime that children commit. When a child under the age of 18 commits a crime, he or she could be charged and, if convicted, could serve a sentence. However, parents need to know that there is a juvenile diversion program that may be available to youngsters as an alternative to criminal conviction.

What is the Juvenile Diversion Program?

Five Ways to Help Win Your Criminal Case

Published on: November 15, 2023 | On behalf of Arnold & Smith, PLLC

Five Ways to Help Win Your Criminal Case

Having criminal charges filed against you can create one of the most stressful situations of your life. Whether you are charged with a serious felony or a minor misdemeanor, the consequences could be serious. If you are found guilty of a crime, you could face penalties that might include fines, community service, jail time, and more. An experienced criminal defense attorney will help you resolve the situation in the best way possible. There are some things you can do to assist your attorney through the process.

Invoke Your Right to Remain Silent

Robbery Vs. Burglary: What is the Difference?

Published on: November 8, 2023 | On behalf of Arnold & Smith, PLLC

Robbery Vs. Burglary: What is the Difference?

Theft is a common crime in North Carolina and across the country. Theft is the taking of property that does not belong to you. A person may be charged with theft if they are accused of stealing items from a store, taking a car, or grabbing a purse. There are various types of theft charges and depending on the severity, the charge could be either a misdemeanor or a felony. While most people use the terms “robbery” and “burglary” interchangeably, they are different crimes and one is more serious than the other. If you are charged with theft, you will want to vigorously defend the charges with help from a North Carolina criminal defense attorney.

Definition of Robbery

What is the Difference Between Detainment and Arrest?

Published on: November 1, 2023 | On behalf of Arnold & Smith, PLLC

What is the Difference Between Detainment and Arrest?

If you watch any of the reality police shows on television, you may notice that police sometimes place people in handcuffs rather quickly. Sometimes they tell the person that they are not being arrested, but instead are being detained. You may wonder what the difference is and when detainment turns into arrest. You will want to understand in case you find yourself in this particular situation.

What is Detainment?