Criminal Defense

What are Miranda Rights?

Published on: November 23, 2022 | On behalf of Arnold & Smith, PLLC

What are Miranda Rights?

If you watch crime shows or police reality shows on television, you are probably familiar with law enforcement reading Miranda rights to people before an arrest. The law provides for people to have rights that they can utilize when they encounter members of law enforcement. The law requires police to ensure you understand your constitutional rights by reading them to you at the time of your arrest. If you were arrested, you should speak to a knowledgeable criminal defense attorney as soon as possible.

Establishing Miranda Rights

Do I Need to Stop at a Sobriety Checkpoint?

Published on: November 16, 2022 | On behalf of Arnold & Smith, PLLC

Do I Need to Stop at a Sobriety Checkpoint?

With the holidays at hand, more people are on the roadways traveling to and from family gatherings and company parties. This time of year, there is an increase in the number of DUI accidents and arrests. Law enforcement may utilize sobriety checkpoints to find drivers who are driving while intoxicated or under the influence. The legal limit in North Carolina is 0.08% BAC (blood alcohol concentration). If you are found to have a BAC at or higher than 0.08%, you could be charged with DWI in North Carolina.

What is a Sobriety Checkpoint?

Should I Fight Marijuana Possession Charges?

Published on: November 9, 2022 | On behalf of Arnold & Smith, PLLC

Should I Fight Marijuana Possession Charges?

Although marijuana is legal in some states, in North Carolina, marijuana is still an illegal substance. If you are caught with marijuana, you could face charges. If guilty, you will have penalties that could impact your life. The penalties are based on how much marijuana you have in your possession. A simple marijuana possession charge may be a misdemeanor, but it can still cause you to have a criminal record if you are convicted. A knowledgeable criminal defense attorney will review the details of your case and help you decide how to proceed.

There are two pieces of legislation that are currently being reviewed in North Carolina. Senate Bill 765 would allow adults to possess up to two ounces of cannabis for recreational purposes. Senate Bill 711, also called the North Carolina Compassionate Care Act, would allow the legal use of marijuana for medicinal purposes. Both of these bills are in varying stages of discussion and approval. If passed, these bills will greatly impact simple marijuana possession laws.

Criminal Defense FAQ

Published on: November 2, 2022 | On behalf of Arnold & Smith, PLLC

Criminal Defense FAQ

If you have been arrested or charged with a crime, you may have questions about what to expect and how you can best prepare for your defense. Generally, criminal charges can be serious, and if you are convicted, you could face severe penalties that might include such things as fines, jail time, community service, probation, and more. A knowledgeable criminal defense attorney will help guide you through the process and assist you in vigorously defending the charges.

Will I Be Able to Get Out of Jail on Bail?

Shoplifting Charges: What You Need to Know

Published on: October 26, 2022 | On behalf of Arnold & Smith, PLLC

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

More and more stores are adding extra technology that enables them to catch shoplifters in their establishments. If you are charged with shoplifting it can have a negative impact on your life for years in the future. A shoplifting conviction can result in a variety of penalties such as fines, community service, probation, and more. In some cases, you might even end up with a jail sentence. Worst of all, a conviction will be on your record, which may cause you problems with finding employment, renting an apartment, and more. If you are charged with shoplifting, you can fight the charges with help from an experienced criminal defense attorney.

Can I Get A Pardon for a Federal Marijuana Possession Conviction?

Published on: October 19, 2022 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long-term effects of being convicted of a crime?”

Marijuana possession is a charge that can result in penalties that include fines and more. Even worse than the fines is the long-term negative impact that a felony conviction can have on your life. From trying to get an apartment to looking for employment to getting into college and beyond, a felony conviction can cause you plenty of turmoil. In a recent proclamation, President Biden officially granted pardons to offenders who were convicted on federal charges of simple marijuana possession. The pardon affects thousands of people who were previously convicted of this crime in federal court.

How Can I Get My Driving Privileges Back After a DWI?

Published on: October 12, 2022 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “Do I have to perform the field sobriety tests when I’m pulled over for DWI in NC?”

Driving while impaired, DWI, is a serious charge. If you are convicted, you will have some penalties, including the loss of your driving privileges for a period of time. If you are unable to drive, you will likely face many hardships in your life. You will have trouble getting to and from work, so your livelihood might be impacted. It will be difficult to get to doctor’s appointments and driving to stores. You will not be able to drive your children to school. There are some instances that might allow you limited driving privileges.

I’m Innocent: Do I Still Need an Attorney?

Published on: October 5, 2022 | 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?”

Every day, thousands of people across the country are arrested on criminal charges. In North Carolina, there are more than 100,000 people serving time in prison after a criminal conviction. The criminal justice system is as fair as possible, but there are times when an innocent person is wrongly convicted. Unfortunately, just because you know you are not guilty does not mean that you will not be convicted. It is critical that you defend the charges against you. This is best accomplished with help from an experienced criminal attorney. You do not need to try to defend yourself. Instead, count on the expertise of a skilled lawyer to assist you through the legal process.