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Can I Appeal a Criminal Conviction in North Carolina?

Published on: March 6, 2024 | On behalf of Arnold & Smith, PLLC

Can I Appeal a Criminal Conviction in North Carolina?

A state criminal conviction may seem like the worst thing that could have happened, but there may be something you can do about it. A criminal conviction does not necessarily mean that your fight to defend yourself is over. In some cases, you may be able to appeal a criminal conviction in North Carolina. It is helpful to know that there are different rules that may apply to appealing a case in federal court.

Reasons to Appeal a State Conviction

Marijuana Possession Charges in North Carolina

Published on: February 28, 2024 | On behalf of Arnold & Smith, PLLC

Marijuana Possession Charges in North Carolina

Marijuana use is becoming more accepted across the country. Some states have decriminalized marijuana in some circumstances. Marijuana is a controlled substance, and possession is still a federal crime and a crime in the state of North Carolina. Generally, simple possession of a small amount of marijuana is considered a misdemeanor. If found guilty of a larger amount of marijuana, you may be charged with a felony.

If you are found guilty of a misdemeanor or felony, you may face penalties that include fines, probation, jail time, and more. A criminal record could limit your ability to get a job, seek housing, or even get into college. If you have been charged with drug possession, you will want to speak with an experienced criminal defense attorney as soon as possible.

What is the Pretrial Integrity Act?

Published on: February 21, 2024 | On behalf of Arnold & Smith, PLLC

What is the Pretrial Integrity Act?

After you are arrested, you will go before a judge. When you are in court, you will learn the charges against you, and the judge will typically set bond. Bond means that the defendant will be allowed to stay out of jail but must appear in court for their upcoming case or will forfeit the bail they provided. There are also often some conditions for remaining out of jail. Recently, the Pretrial Integrity Act went into effect, which changes how bond is set for some types of criminal charges.

Pretrial Integrity Act

Habitual Felons in North Carolina

Published on: February 14, 2024 | On behalf of Arnold & Smith, PLLC

Habitual Felons in North Carolina

Felonies are usually serious charges that can result in severe penalties if convicted. The penalties are designed to deter people from committing crimes in the future. Sometimes, a convicted felon commits another crime. Most states have laws in place that require stiffer penalties when someone has previously been convicted of a felony. These laws are often called “three-strike” laws and pertain to people who have two prior felony convictions. These people are known as habitual felons.

What is a Habitual Felon?

Speeding Violations in North Carolina

Published on: February 7, 2024 | On behalf of Arnold & Smith, PLLC

Speeding Violations in North Carolina

Most people have received a ticket for speeding at some point in time. Speeding is one of the most common traffic offenses. If you receive a ticket for speeding, you may wonder what it means to your driving record and whether the offense is considered criminal in nature. You may want to consult with a criminal defense attorney to determine the best course of action and what you can do to fight the charges.

A speeding violation can be more than just an inconvenience. If you are found guilty of speeding you will assess points on your driving record. You will also be required to pay a fine. Sometimes, your car insurance rates will go up because of speeding or other violations. Depending on the circumstances, you could have your driver’s license suspended. In addition, some speeding violations are more serious and if guilty, you will face criminal penalties such as a jail sentence, community service, and more.

What Should I Do After an Arrest?

Published on: January 31, 2024 | On behalf of Arnold & Smith, PLLC

What Should I Do After an Arrest?

If you were arrested for a crime, you may be worried and afraid, especially if this is your first arrest. The legal system can seem daunting, and you may feel completely alone and terrified. You do not want to do anything that could damage your case and cause you further harm. Yet, you want to try to help your case and hopefully get yourself out of hot water. If you have been arrested or detained, you will want to seek guidance from an experienced criminal defense attorney to help you through the process and protect your rights.

Listen to Law Enforcement

How Can I Successfully Defend Against Assault Charges in North Carolina?

Published on: January 24, 2024 | On behalf of Arnold & Smith, PLLC

How Can I Successfully Defend Against Assault Charges in North Carolina?

Assault is a common crime that may be charged as either a misdemeanor or felony, depending on the circumstances. Assault generally means attempting to physically harm another person, and it may be charged even if you did not touch the other person in some cases. Assault is also called simple assault and is generally a less serious crime than assault and battery. If you are charged with simple assault, you will want to take steps to provide the best defense possible. A knowledgeable criminal defense attorney will assist you in vigorously defending assault charges.

Simple Assault in North Carolina

What are the Potential Penalties for DWI in North Carolina?

Published on: January 17, 2024 | On behalf of Arnold & Smith, PLLC

What are the Potential Penalties for DWI in North Carolina?

Driving while impaired (DWI) is a serious offense and one that comes with severe penalties if convicted. According to the North Carolina Sentencing and Policy Advisory Commission, DWI sentencing is back to normal, pre-pandemic operations. In 2022, North Carolina courts imposed sentences for 26,333 DWI convictions. Various consequences for someone found guilty of DWI may include jail time, community service, alcohol assessment and treatment, court costs, and the loss of driving privileges. If you are facing DWI charges, you will want to strongly defend the charges with help from an experienced DWI attorney.

DWI Sentences

New Legislation Requires In-Vehicle Breathalyzers by 2026

Published on: January 10, 2024 | On behalf of Arnold & Smith, PLLC

New Legislation Requires In-Vehicle Breathalyzers by 2026

Impaired driving is an ongoing problem in every state. According to the Centers for Disease Control and Prevention (CDC), there are approximately a million drunk driving arrests in the United States every year. The legal blood alcohol concentration (BAC) in North Carolina is 0.08%. If the police suspect you are driving while impaired, they may ask you to perform some field sobriety tests as well as take part in a breathalyzer test. If you are over the limit, you will likely be facing DWI charges in North Carolina.

What are Breathalyzer Tests?

New License Plate Reader Program Takes Effect in 2024

Published on: January 3, 2024 | On behalf of Arnold & Smith, PLLC

New License Plate Reader Program Takes Effect in 2024

More and more police departments are using automated license plate readers to assist them with law enforcement. There has been controversy surrounding the use of these devices and concern about what law enforcement does with the data. In Charlotte, for instance, the law requires police to purge data after 18 months. In Raleigh, police have to purge data after six months, as long as it is not being used as part of an investigation. A new law in effect allows for the addition of more license plate readers in 2024.

What are Automated License Plate Readers?