Charlotte Criminal Lawyer Blog

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.

What are Misdemeanors in North Carolina?

Published on: September 29, 2021 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”

When you are charged with a crime, it is important to understand the severity of the charges and potential penalties. There are two main classifications of crimes including misdemeanors and felonies. Felony crimes are generally more serious and therefore they include more substantial consequences if convicted. Misdemeanors are usually less serious in nature and if convicted you will be subject to less harsh penalties than felonies. It is helpful to explore misdemeanor crimes to learn more about them and their sentences.

Understanding Dispositional Ranges in North Carolina Criminal Court Cases

Published on: September 22, 2021 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”

Imagine a scenario in which two individuals in North Carolina commit the same exact felony crime. Should their charges and sentencing be equal? While many people may instinctively answer “Yes,” the reality (as any experienced criminal defense attorney may be quick to point out) is much more complicated.

Misdemeanors in North Carolina

Published on: September 15, 2021 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”

When individuals commit crimes, how should they be sentenced? Since the founding of this nation, this question has been posed to governments both big and small. As any criminal defense attorney will tell you, having a sound body of law that is applied to all cases is essential for the development and maintenance of a fair society.