Criminal Defense

How Long Does a DWI Case Take in North Carolina?

Published on: December 20, 2023 | On behalf of Arnold & Smith, PLLC

How Long Does a DWI Case Take in North Carolina?

Driving while impaired (DWI) is essentially the same as driving under the influence (DUI). In North Carolina, as in other states, you could be criminally charged with DWI if you are found to be driving while under the influence of alcohol or drugs. As someone who generally stays out of trouble, this could be the first time you are facing criminal charges in North Carolina. The experience can be daunting, and the process can be somewhat lengthy. Unlike a simple traffic violation, a DWI case will proceed through the criminal court system. It is helpful to understand the DWI process.

Arrest and Arraignment

What is the Juvenile Diversion Program?

Published on: December 13, 2023 | On behalf of Arnold & Smith, PLLC

What is the Juvenile Diversion Program?

Just about every child has taken something that doesn’t belong to them. Whether it was a candy bar or something more valuable, theft is a crime that is punishable by law. Theft is likely the most common crime that children commit. When a child under the age of 18 commits a crime, he or she could be charged and, if convicted, could serve a sentence. However, parents need to know that there is a juvenile diversion program that may be available to youngsters as an alternative to criminal conviction.

What is the Juvenile Diversion Program?

Is Speeding a Traffic Offense or a Crime?

Published on: December 6, 2023 | On behalf of Arnold & Smith, PLLC

Is Speeding a Traffic Offense or a Crime?

If you get pulled over for speeding, you may think that you will simply get a warning or, at worst, a traffic citation. A traffic ticket will cause you to pay a fine, and you will also accumulate points on your license. Your insurance rate could go up after you get a traffic ticket. While a traffic citation will not make you happy, there are actually some circumstances in which speeding is considered a crime.

Speeding Violations in North Carolina

Law Enforcement Checkpoints: What to Do and What Not to Do

Published on: November 29, 2023 | On behalf of Arnold & Smith, PLLC

Law Enforcement Checkpoints: What to Do and What Not to Do

The holidays are here, and that means that more people will be traveling on the roads. The police will be out in full force, ensuring traffic safety. In addition, law enforcement may utilize roadside checks to verify sobriety, especially during holiday celebratory times. The goal of checkpoints is to reduce the number of impaired drivers on the road. This, in turn, will reduce the number of accidents and injuries due to collisions.

What are Roadside Checkpoints?

What is the Kia Challenge?

Published on: November 22, 2023 | On behalf of Arnold & Smith, PLLC

What is the Kia Challenge?

Social media is a daily way of life for most people. People of all ages use social media on a regular basis. Some social media sites are more popular than others. Among people in their teens and twenties, TikTok is likely one of the most common sources of information online. There are many different challenges online. Some are designed to get donations for good causes, while others are for fun. Some challenges are dangerous and even illegal. The Kia challenge is one that is both dangerous and illegal. It challenges someone to steal a car.

Kia Challenge

Five Ways to Help Win Your Criminal Case

Published on: November 15, 2023 | On behalf of Arnold & Smith, PLLC

Five Ways to Help Win Your Criminal Case

Having criminal charges filed against you can create one of the most stressful situations of your life. Whether you are charged with a serious felony or a minor misdemeanor, the consequences could be serious. If you are found guilty of a crime, you could face penalties that might include fines, community service, jail time, and more. An experienced criminal defense attorney will help you resolve the situation in the best way possible. There are some things you can do to assist your attorney through the process.

Invoke Your Right to Remain Silent

Robbery Vs. Burglary: What is the Difference?

Published on: November 8, 2023 | On behalf of Arnold & Smith, PLLC

Robbery Vs. Burglary: What is the Difference?

Theft is a common crime in North Carolina and across the country. Theft is the taking of property that does not belong to you. A person may be charged with theft if they are accused of stealing items from a store, taking a car, or grabbing a purse. There are various types of theft charges and depending on the severity, the charge could be either a misdemeanor or a felony. While most people use the terms “robbery” and “burglary” interchangeably, they are different crimes and one is more serious than the other. If you are charged with theft, you will want to vigorously defend the charges with help from a North Carolina criminal defense attorney.

Definition of Robbery

What is the Difference Between Detainment and Arrest?

Published on: November 1, 2023 | On behalf of Arnold & Smith, PLLC

What is the Difference Between Detainment and Arrest?

If you watch any of the reality police shows on television, you may notice that police sometimes place people in handcuffs rather quickly. Sometimes they tell the person that they are not being arrested, but instead are being detained. You may wonder what the difference is and when detainment turns into arrest. You will want to understand in case you find yourself in this particular situation.

What is Detainment?

What is the Difference Between a Misdemeanor and Felony?

Published on: October 25, 2023 | On behalf of Arnold & Smith, PLLC

What is the Difference Between a Misdemeanor and Felony?

When you are charged with a crime it may be classified as either a misdemeanor or a felony. Regardless, any criminal charges against you are serious and could result in severe consequences. Some penalties could include a prison sentence, fines, probation, community service, suspension of your driver’s license, and more, depending on the charges. There are some important differences between misdemeanor and felony charges, and you will want to speak to an experienced criminal defense attorney as soon as possible.

Misdemeanors and Felonies

What is Self Defense?

Published on: October 18, 2023 | On behalf of Arnold & Smith, PLLC

What is Self Defense?

When you are faced with danger, you want to defend yourself. When you end up seriously hurting or killing the other person as a result, you might be charged with a crime. You may defend the charges with a claim of self-defense. Self-defense is an affirmative defense to a crime. In other words, you do not dispute that the situation occurred, but it happened because you were defending yourself or your property. However, you cannot claim self-defense in every situation. The law provides for the use of force under specific circumstances.

When Can You Use Force?