Criminal Defense

How Can I Appeal a Guilty Conviction?

Published on: May 10, 2023 | On behalf of Arnold & Smith, PLLC

How Can I Appeal a Guilty Conviction?

A conviction in a criminal case can be devastating. A conviction could result in serious penalties that could have a lasting impact on you and your family. When found guilty of a crime, you will face the sentence that a judge imposes based on the severity of the crime. You may hear that many people appeal their convictions, and some of them are successful. There is a legal method in place to file an appeal. A knowledgeable criminal defense attorney will help guide the appeal process.

Does My Case Qualify for Appeal?

I Was Charged With a Crime: Should I Plead Not Guilty?

Published on: May 3, 2023 | On behalf of Arnold & Smith, PLLC

I Was Charged With a Crime: Should I Plead Not Guilty?

Criminal charges are almost always serious. While some offenses are misdemeanors, others are felonies. Misdemeanors often carry fewer penalties, while felonies have stronger punishments, depending on the crime. If you are charged with a crime, one of the first things that happens is a first appearance. The judge will tell you what you are charged with, and you will need to enter a plea. The plea you enter will make a difference in the way your case progresses. The plea you make could have a long-term impact on your life and the lives of your loved ones. It is advisable to talk to an experienced criminal defense attorney before you enter a plea.

https://youtu.be/JkXdKeM3anU

What is Resisting Arrest?

Published on: April 26, 2023 | On behalf of Arnold & Smith, PLLC

What is Resisting Arrest?

When you are arrested for a crime in North Carolina, you could face additional charges for resisting. Resisting arrest occurs when you take evasive actions that are against the directions of a law officer. Resisting arrest takes various forms and is usually charged in conjunction with another crime or crime, which was the original charge. If you are charged with resisting arrest, you need to take it seriously because you will face penalties if convicted. An experienced criminal defense attorney will help defend these charges as well as the original charges.

https://youtu.be/ehW6zBQyBlA

Capital Punishment in North Carolina

Published on: April 19, 2023 | On behalf of Arnold & Smith, PLLC

Capital Punishment in North Carolina

North Carolina has various punishments for different crime convictions. The most serious of all crimes have the most severe penalties. The U.S. Supreme Court has ruled that the death penalty is only to be used for crimes that result in death, such as murder. Only about half the states have capital punishment in place. Capital punishment is a penalty for first-degree murder in North Carolina.

What is Capital Punishment?

Gun Permits No Longer Required in North Carolina

Published on: April 12, 2023 | On behalf of Arnold & Smith, PLLC

Gun Permits No Longer Required in North Carolina

The Second Amendment of the U.S. Constitution gives citizens the right to bear arms. Many federal, state, and local laws are in place to govern gun ownership across the country. Recent legislation has removed the requirement for gun permits in North Carolina. This means that residents may purchase and own a handgun without having to obtain a permit from the local sheriff. This is a change to a permit requirement that was previously in place. The change takes effect immediately.

Handgun Permit Repeal

Is Zooming While Driving Illegal in North Carolina?

Published on: April 5, 2023 | On behalf of Arnold & Smith, PLLC

Is Zooming While Driving Illegal in North Carolina?

The pandemic changed the way people work. Working from home became popular and even after the pandemic, many employees still telecommute, at least for part of their workweek. Remote meetings gained in popularity and are still a common way to conduct business. Remote meetings can save time and money and are an excellent way for businesses to improve productivity. Unfortunately, the uptick in Zoom meetings has created a potential problem on the roads. Participating in a Zoom meeting while behind the wheel can be dangerous and may result in serious accidents.

What is Zoom?

Can I Carry a Gun in My Car?

Published on: March 29, 2023 | On behalf of Arnold & Smith, PLLC

Can I Carry a Gun in My Car?

The Second Amendment of the U.S. Constitution provides all citizens with the right to bear arms. North Carolina has a gun ownership rate of 45.8%, which means that almost half the adults in the state own firearms. While it is your right to own a firearm, firearm owners must follow the law. Responsible gun owners need to know the laws to ensure that they are not charged with a gun crime. There are various laws in place that pertain to gun ownership in North Carolina.

Gun Ownership Laws

Does North Carolina Have a Stand Your Ground Law?

Published on: March 22, 2023 | On behalf of Arnold & Smith, PLLC

Does North Carolina Have a Stand Your Ground Law?

Residents have a right to defend themselves and their property. The ability to protect and defend your home has been in the news over the last decade. More and more states have enacted “stand your ground” laws to clarify your rights and provide guidance for how and when it is legal to use force to protect yourself. At least half the states have such a law on the books. North Carolina has had a “stand your ground” law in place since 2011. An experienced North Carolina criminal defense attorney will answer your questions and defend against your charges.

What Does it Mean to Stand Your Ground?

What is the North Carolina Innocence Inquiry Commission?

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

What is the North Carolina Innocence Inquiry Commission?

If you were wrongfully convicted of a crime in North Carolina, there is something you can do about it. Besides filing an appeal, your case might qualify for review by the North Carolina Innocence Inquiry Commission. The Commission has the legal authority to evaluate and make a determination of innocence based on new information or evidence. The NCIIC recently celebrated its 15th anniversary.

What is the North Carolina Innocence Inquiry Commission?

April is National Distracted Driving Awareness Month

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

April is National Distracted Driving Awareness Month

Car manufacturers have been steadily improving the safety of vehicles over the years. As a result, cars are safer than ever before. Unfortunately, accidents are still occurring at a rising rate. One of the reasons for an increase in accidents is distracted driving. Distracted driving increased with the increased use of cell phones. Although it is illegal to use a handheld device while driving, many people still use their phones to text. Texting and other examples of distractions can result in accidents. April is National Distracted Driving Awareness Month per the National Highway Traffic Safety Administration (NHTSA).

What is Distracted Driving?