Criminal Charges

Should I Take a Plea Bargain?

Published on: November 7, 2018 | On behalf of Arnold & Smith, PLLC

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

Being charged with a crime can be overwhelming. Suddenly, you are thrust into the court system and worried that you will be found guilty and face serious penalties for an action you may or may not have taken. Your criminal defense attorneys has the goal of achieving the best possible results for you under the circumstances. Most people assume that the only possible outcome for their case is the judge or jury finding them guilty or not guilty. While these are certainly two possible outcomes in criminal court, there are others. Criminal defendants in North Carolina are sometimes offered a plea bargain.

Can Criminal Charges be Dropped?

Published on: October 24, 2018 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “The person that called the police doesn’t want to press charges, can I still be prosecuted?”

The prospect of facing criminal charges can lead to anxiety and uncertainty, regardless if the crime is a felony or a misdemeanor. You might think that the only possible outcome is being found guilty or innocent. However, in North Carolina there are additional results for criminal charges. It is important to note that there is no guarantee of any outcome in a criminal charge. Instead, it is helpful to know all of the possible outcomes for your case. Criminal convictions can have life-altering consequences that follow you for years to come. The following are alternatives to a finding of guilt or innocence in a criminal charge.

Supreme Court Broadens Meaning of “Maintaining a Dwelling”

Published on: October 17, 2018 | On behalf of Arnold & Smith, PLLC

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

The state of North Carolina is strict on drug crimes. In an effort to eliminate the use of drugs throughout the state, courts and lawmakers have been eager to crack down on the use, sale, and possession of controlled substances. Recently, the North Carolina Supreme Court has broadened the meaning of “maintaining a dwelling” as it pertains to using, selling, or storing a controlled substance. In State v. Rogers, the court disavows previous courts’ use of “maintaining a dwelling” and broadens the use of the term.

Things to Consider When Hiring a Criminal Defense Attorney

Published on: October 10, 2018 | 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?”

If you are considering hiring a criminal defense attorney, you are likely in a stressful and trying time in your life. Criminal charges can be confusing and likely carry drastic, life-altering consequences if the defendant is found guilty. As such, it is imperative to hire a criminal defense attorney with the experience and knowledge to provide the best defense possible given the circumstances of the particular case. When hiring an attorney to represent you, you need to use careful consideration to choose the best attorney for your situation. Therefore, there are things that should always be considered in hiring a criminal defense attorney.

The Statute of Limitations for North Carolina Criminal Charges

Published on: October 3, 2018 | 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?”

If you watch a television drama that follows the story of a crime and its prosecution, it seems like a quick process. A crime is committed, suspects are identified, a suspect is charged, the court hears the case, and an outcome is decided. Reality is not like television. Sometimes it takes days, months, or even years to determine who committed a crime. Is there a time limit for bringing about a charge on a suspect? Or can charges be brought anytime after the crime was committed and a suspect was found? The answer to those questions vary from state to state, but in North Carolina it depends on whether the crime was a misdemeanor or a felony.

Justification as a Defense for Felons Using a Firearm

Published on: September 5, 2018 | 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?”

Guns and firearms are a big issue in the United States. Regardless of which side of the debate you agree with, the right to bear arms is granted by the Second Amendment of the United States Constitution. Therefore, it is important to know the rules and regulations surrounding gun ownership and use. Not everyone is free to own a gun at any time. For example, those who have been convicted of a felony are restricted in their right to use and own guns. Felons who possess a firearm face additional criminal charges. Those facing additional charges have sometimes tried to use a justification defense for possessing the firearm. Recently, the North Carolina Court of Appeals elaborated on the applicability of a justification defense for use or possession of a firearm by a felon.

Boating While Impaired can Have Dire Consequences

Published on: July 11, 2018 | 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?”

The Charlotte region is blessed with a number of boat worthy lakes including Lake Norman, Lake Wylie, Mountain Island lake and many others. With the warm weather of Summer comes the desire to be outside and boat on lakes, rivers, and the ocean. In addition to enjoying a day out on the water, people like to have a few drinks while doing so. This may seem fun and enjoyable in the moment, but there can be criminal charges that result.

Legislators In Alabama Take Aim At Civil Asset Forfeiture Law

Published on: January 31, 2018 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?”

We have discussed civil asset forfeiture many times before, usually noting the ways in which the practice is used to unfairly seize assets from often-innocent individuals, enriching law enforcement agencies at the expense of the public. Given how lucrative civil asset forfeiture can be for law enforcement agencies across the country, there is little incentive for states to take action to reform the broken system. Thankfully, legislators in one state appear to be ready for a change and are considering important revisions to the existing law.

Florida Legislature Moves Forward With Plan To Allow Retroactive Criminal Law Changes

Published on: December 13, 2017 | 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?”

When we think of the law we often imagine rules that are set in stone. The law is meant to remain constant, allowing certainty over time and consistent treatment, two ways of ensuring that justice is meted out equally. Given the general presumption of consistency, a recent proposal under consideration in Florida has garnered attention. The plan will allow the state legislature to make new criminal laws retroactive, in certain cases. To learn more about what the plan would mean for residents of Florida, keep reading.

Is failing to cremate a crime?

Published on: October 18, 2017 | On behalf of Arnold & Smith, PLLC

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

It can be hard to imagine anything worse than having a loved one pass away. The death of a child, a parent or a spouse can be crippling. It is not only emotionally draining, but can be financially taxing as well. You are forced to cope not only with great loss, but are then busy dealing with administrative issues and must also figure out how to pay the often pricey bills associated with burial or cremation. For those in already tight financial circumstances, this can feel impossible.