Attorney

Can a Breathalyzer Test Have a False Positive?

Published on: May 29, 2019 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “Is there more than one way for police to charge a person with DWI?”

We all know the dangers of drinking and driving. Accidents happen everyday because a driver is under the influence of drugs or alcohol and injures or kills someone else. Driving while impaired (DWI) charges are taken very seriously in North Carolina. It can be extremely frustrating to be facing these charges when you know you were not operating your vehicle while impaired. Find more resources about DWI here.

Do Police Need a Warrant to Conduct a Drone Search?

Published on: May 22, 2019 | On behalf of Arnold & Smith, PLLC

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

As technology advances, so do law enforcement’s methods of obtaining evidence and solving crimes. Law enforcement officers today are able to conduct searches using drones, which can fly over land and collect video footage and photos. The police often use drones to find missing or stolen property. Recently, a lawsuit arose after police officers flew a drone over private property to find stolen construction equipment.

The Legality of Doorbell Cameras in North Carolina

Published on: May 15, 2019 | On behalf of Arnold & Smith, PLLC

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

No one wants their home to fall victim to a thief or someone participating in other criminal behavior. You have probably seen videos circulating online of people stealing deliveries off of other people’s front porches. This is exactly the type of crime that homeowners seek to prevent. One way to do so is through the use of doorbell cameras. Amazon’s Ring, Google’s Nest Hello, and a myriad of other camera systems are popular choices for homeowners looking to record suspicious front-door activity.

Chalking Vehicle Tires is a Fourth Amendment Search

Published on: May 1, 2019 | On behalf of Arnold & Smith, PLLC

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

The Court of Appeals for the Sixth Circuit recently ruled on a case challenging parking enforcement practices of putting chalk on a vehicle’s tire so that they can keep track of how long a vehicle has been parked in one spot. The court found that marking the tires was a search under the Fourth Amendment to the United States Constitution. This case started in Saginaw, Michigan.

Will ‘Aunt Becky’ Go to Jail?

Published on: April 24, 2019 | On behalf of Arnold & Smith, PLLC

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

You have probably heard about “Operation Varsity Blues,” the college admissions scandal that is rocking the nation. Evidence of parents cheating, lying, and bribing their children’s ways into top-level schools around the country has taken the news cycle by storm. The public’s interest in the scandal lies partly with who stands accused of these criminal acts. There are many notable celebrities wrapped up in the scandal. One such celebrity is Lori Loughlin, who played the loveable Aunt Becky in the popular sitcom Full House.

You Need an Attorney to Help Fight a DUI

Published on: April 17, 2019 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?”

Getting behind the wheel when you are under the influence of alcohol or other impairing substance is illegal and incredibly dangerous. Those who are caught driving under the influence face some serious penalties. If you have been drinking, the best thing to do is to give your keys to someone else or otherwise get a ride home. However, if you find yourself facing a charge for driving under the influence (DUI), an experienced DUI attorney can help you obtain the best result possible. You might wonder if it is necessary to hire an attorney to fight the DUI charge, the answer is yes. An attorney can be extremely helpful for a variety of reasons.

Can I Clean Up My Criminal Record?

Published on: April 3, 2019 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question:”A past conviction is keeping me from finding work. What can I do?”

We have all done things in our past that we would like to forget. Unfortunately, if what you want to forget was a conviction for a crime, your criminal record will make that difficult. However, some crimes might be able to be wiped from your criminal record. There are different tools that might be used to clean up a person’s criminal record, but one of the most common is expungement.

Can a Jury Being Instructed on Collateral Damage of a Conviction?

Published on: March 27, 2019 | 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?”

One of the fundamental principles of the criminal justice system in the United States is the right to have a trial by a jury of your peers. With any jury trial comes a set of instructions that either side wants to be read to the jury, if a judge so allows. Usually, instructions include explanations or definitions to various aspects of the case and charges at hand. These instructions are a matter of fact and relate to the case and the types of charges a defendant is facing.

Is it Legal to Film the Police?

Published on: March 20, 2019 | 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?”

In today’s society, it is not uncommon to turn on the news or open any social media platform and see a video of someone’s interaction with the police. The ever-present fear of police misconduct can create the sense of need to record police interactions. These types of recordings can be helpful in determining what happened between police and a suspect or individual. With a recording, no one can lie about what was said or misconstrue the actions of another because there is video evidence present. Of course, a video cannot show everything, and legally resolving any issues can take more evidence than a minute long video of one aspect of an altercation. Nevertheless, videos hold police accountable for their actions, as well as the individuals interacting with the police. Is recording a police officer legal, though? Do you have to inform the officers that you are recording them? The answer is: It depends.

Patriots Owner Charged with Soliciting a Prostitute

Published on: March 13, 2019 | On behalf of Arnold & Smith, PLLC

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