Criminal Defense

What is the North Carolina Innocence Inquiry Commission?

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

What is the North Carolina Innocence Inquiry Commission?

If you were wrongfully convicted of a crime in North Carolina, there is something you can do about it. Besides filing an appeal, your case might qualify for review by the North Carolina Innocence Inquiry Commission. The Commission has the legal authority to evaluate and make a determination of innocence based on new information or evidence. The NCIIC recently celebrated its 15th anniversary.

What is the North Carolina Innocence Inquiry Commission?

April is National Distracted Driving Awareness Month

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

April is National Distracted Driving Awareness Month

Car manufacturers have been steadily improving the safety of vehicles over the years. As a result, cars are safer than ever before. Unfortunately, accidents are still occurring at a rising rate. One of the reasons for an increase in accidents is distracted driving. Distracted driving increased with the increased use of cell phones. Although it is illegal to use a handheld device while driving, many people still use their phones to text. Texting and other examples of distractions can result in accidents. April is National Distracted Driving Awareness Month per the National Highway Traffic Safety Administration (NHTSA).

What is Distracted Driving?

What to Do if You are Stopped By the Police

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

What to Do if You are Stopped By the Police

When the police are not handling major crimes, they are often roving around on the lookout for traffic violations and minor offenses. The police may stop you for any number of reasons. If you have ever been stopped, you know that you might get very scared, even if you did not do anything wrong. Your heart rate may go up, and you could experience other signs of anxiety. You might become flustered when you speak with the officer. It is helpful to know what you should and should not do when you get stopped by the police.

Slow Down and Pull Over – As soon as you see police lights or hear the siren behind you, it is your duty to pull over to the side of the road as soon as possible. You will want to choose a safe spot, but you must slow down so the police know that it is your intention to stop. You do not want to provoke a chase or get charged with failure to heed.

Defending Against Hit-and-Run Charges

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

Defending Against Hit-and-Run Charges

If you are involved in an accident in North Carolina, you must remain at the scene. If you leave the scene, it is considered a crime, and you could be charged with hit and run. Hit-and-run charges are serious, and you could face penalties that include jail time and more if you are convicted. If you are charged with hit-and-run, you will want to vigorously defend yourself to avoid conviction and a criminal record. A knowledgeable criminal defense attorney will help you achieve a favorable outcome in the case.

What is a Hit-and-Run?

How Do DWI Breath Tests Work?

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

How Do DWI Breath Tests Work?

Driving while impaired (DWI) is a serious offense. DWI generally refers to driving while under the influence of alcohol, but it can also pertain to drugs. If you are stopped by law enforcement, they will want to assess you for impairment and determine whether you are over the legal drinking limit. The legal limit in North Carolina is 0.08% blood alcohol concentration (BAC). The police will utilize field sobriety tests to evaluate impairment. They will also use breath tests to measure your BAC level.

What is BAC?

Do I Need an Attorney for Larceny or Shoplifting Charges?

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

Do I Need an Attorney for Larceny or Shoplifting Charges?

Shoplifting is one of the most common crimes in North Carolina and elsewhere. Shoplifting is a type of larceny. If you are found guilty of larceny charges, you could face various penalties, including fines, probation, and more. Additionally, you will have a criminal record that could impact your life now and in years to come. Although larceny or simple theft charges are generally misdemeanors, they are still serious enough to warrant vigorous defense. A knowledgeable criminal defense attorney will work to resolve the charges with as little negative impact as possible.

Larceny Charges and Penalties

Types of Sobriety Tests

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

Types of Sobriety Tests

Law enforcement takes drunk driving very seriously. North Carolina law restricts driving with a blood alcohol concentration (BAC) of 0.08% or higher. When police officers pull a vehicle over for a traffic stop, they may think that the driver is intoxicated. Field sobriety tests are the method that officers use to try to determine whether a driver is over the legal drinking limit. Tests are done with a driver to assess their level of impairment. Many people wonder what types of sobriety tests are used and whether they must comply with a request to complete them.

Standardized Field Sobriety Tests

What Are My Fifth Amendment Rights?

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

What Are My Fifth Amendment Rights?

One of the unique things about living in the United States is the U.S. Constitution. As U.S. citizens, we have many rights that are part of our lives. The Fifth Amendment to the U.S. Constitution are rights that apply to everyone. These rights apply to us, particularly when we have been arrested or charged with a crime. Here are the most common Fifth Amendment rights that typically apply to defendants.

Double Jeopardy Clause

Tips for Choosing a Criminal Defense Attorney

Published on: December 28, 2022 | On behalf of Arnold & Smith, PLLC

Tips for Choosing a Criminal Defense Attorney

Criminal charges can often be serious, and they could result in harsh punishments if you are found guilty. A criminal conviction could have a negative impact on all aspects of your life. When you face criminal charges, regardless of how minor, you will want to seek help from an attorney. A local criminal defense attorney has lots of experience handling all types of charges and has the resources to help you resolve the matter in the best possible way. Here are a few tips to help you choose the best criminal defense attorney.

Check for Practice Areas

Defending Against Assault and Battery Charges in North Carolina

Published on: July 13, 2022 | 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?”

Defending Against Assault and Battery Charges in North Carolina