Charlotte Criminal Lawyer Blog

DWI Checkpoints: What You Need To Know

Published on: December 8, 2021 | 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?”

You are driving down the road and suddenly, you see police activity ahead — a sure sign of a DWI checkpoint. You may feel scared and uneasy, even if you know that you are well under the legal limit. It is helpful to understand DWI checkpoints in North Carolina and what to do when you encounter one of these on your route. If you are charged with DWI in North Carolina, you will want to consult with an experienced attorney as soon as possible to help guide you through the legal process for the best possible outcome.

Manslaughter Charges in North Carolina

Published on: December 1, 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?”

Manslaughter charges occur when someone dies due to the negligence of someone else. If you are charged with manslaughter you are facing severe consequences if you are found guilty. Manslaughter is different from murder because of the state of mind of the defendant at the time of commission of the crime. Murder shows intent, malice, or aforethought or extreme disregard for human life. When a person is killed without specific intent to murder, the likely charge will be manslaughter. Because manslaughter charges are considered serious, you will want to fight the case with help from an experienced criminal defense attorney in North Carolina.

Disorderly Conduct and Public Intoxication

Published on: November 24, 2021 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?”

Disorderly conduct and public intoxication are actions that when combined may result in criminal charges. Disruptive behaviors along with intoxication may also result in criminal charges. Although you may often hear about public intoxication, it is not a crime to be drunk in public unless there are accompanying behaviors that are disruptive. North Carolina law provides for a number of acts that are disruptive. These include blocking traffic, blocking a sidewalk, starting a fight, cursing at or insulting someone, and begging. If you are charged with a disorderly conduct type of charge, it can come with significant penalties and a conviction will give you a criminal record. It is best to seek legal assistance from a reputable criminal defense attorney as soon as possible.

What are My Rights When Stopped by Police in North Carolina?

Published on: November 17, 2021 | On behalf of Arnold & Smith, PLLC

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

One minute you are driving along without a care in the world and the next you are getting pulled over by the police. A police encounter can happen in an instant, so it is important to know and understand your rights. While you do not want to disobey law enforcement, you do need to know what you can and should do if you get stopped by police in North Carolina. It is helpful to remember that every situation is different and has a unique set of circumstances, so there is no simple advice that applies to every police encounter. Keep in mind that a North Carolina criminal defense attorney can assist you with every aspect of your case if you face arrest or charges.

When Can a Juvenile be Charged as an Adult in North Carolina?

Published on: November 10, 2021 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “As a parent, what should I be aware of when speaking to police about charges my child faces?”

As a parent, you do everything you can to provide a happy, healthy, and safe environment for your children. Every parent dreads getting a late-night phone call from the police regarding some alleged wrongdoing on the part of your child. Whether your child is a teen or almost an adult, he or she is not yet fully grown and is therefore not an adult. You may assume that because your child is younger than 18 he will go through the juvenile court system. However, the legal system does not necessarily see it the same way.

Can I Fight Disorderly Conduct Charges?

Published on: November 3, 2021 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?”

A charge of disorderly conduct is typically a misdemeanor crime that may encompass a variety of actions. The police often may charge disorderly conduct along with other charges in a case. While disorderly conduct may seem like a minor crime, it can still cause you problems and can stay on your record. When you are charged with disorderly conduct you may get released immediately or may be held until your first hearing. You will want to fight disorderly conduct charges with the help of an experienced criminal defense attorney,

Can I Get an Expungement in North Carolina?

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

Charlotte Criminal Lawyer Brad Smith answers the question:”What is an expungement?”

A criminal conviction can cause a great deal of strife in your life. As a convicted individual, you may have trouble getting employment, attending school, and renting an apartment. In addition, it could make your relationships difficult. Many people wonder whether they can get their record erased or expunged. Expungement is an option in some circumstances in North Carolina.

Should I Take a Plea Deal?

Published on: October 20, 2021 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?”

When you have been charged with a crime you may feel scared and unsure of what to expect. Your charges could result in severe punishments if you are convicted. You may wonder whether you will be able to take a plea deal or whether they will even offer one. A plea deal, also called a plea bargain, is a common option for those facing a wide range of criminal charges. According to the U.S. Department of Justice, up to 95% of all state and federal criminal cases conclude with a plea bargain rather than a trial.

New Death Penalty Study Finds it an Unpopular Option

Published on: October 13, 2021 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?”

A recent report from an Appalachian State University professor sheds light on the death penalty in North Carolina. Government and judicial studies professor Matthew Robinson published the report in June. In the report, professor Robinson examines data to help determine whether the state should continue to maintain the death penalty policy. Under state law, a person can be sentenced to death if convicted of a first-degree murder and meet at least one of a list of aggravating circumstances. When someone is sentenced to the death penalty they will wait in prison until their execution.

Do I Need a DWI Lawyer in North Carolina?

Published on: October 6, 2021 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “How can an attorney help me with my DWI?”

DWI, driving while impaired, is a charge that you should take seriously. Law enforcement will not turn a blind eye to someone who is driving while under the influence. A police officer can stop you, assess your condition, and arrest you on DWI charges. Some people think they can defend themselves against DWI charges, but that could result in less than favorable results. The laws are complex and therefore it is usually in your best interest to hire a DWI lawyer to assist you through the process. You certainly do not want to face the harsh penalties that are possible with a DWI conviction.