Criminal Lawyer

What are Miranda Rights?

Published on: November 23, 2022 | On behalf of Arnold & Smith, PLLC

What are Miranda Rights?

If you watch crime shows or police reality shows on television, you are probably familiar with law enforcement reading Miranda rights to people before an arrest. The law provides for people to have rights that they can utilize when they encounter members of law enforcement. The law requires police to ensure you understand your constitutional rights by reading them to you at the time of your arrest. If you were arrested, you should speak to a knowledgeable criminal defense attorney as soon as possible.

Establishing Miranda Rights

Should I Fight Marijuana Possession Charges?

Published on: November 9, 2022 | On behalf of Arnold & Smith, PLLC

Should I Fight Marijuana Possession Charges?

Although marijuana is legal in some states, in North Carolina, marijuana is still an illegal substance. If you are caught with marijuana, you could face charges. If guilty, you will have penalties that could impact your life. The penalties are based on how much marijuana you have in your possession. A simple marijuana possession charge may be a misdemeanor, but it can still cause you to have a criminal record if you are convicted. A knowledgeable criminal defense attorney will review the details of your case and help you decide how to proceed.

There are two pieces of legislation that are currently being reviewed in North Carolina. Senate Bill 765 would allow adults to possess up to two ounces of cannabis for recreational purposes. Senate Bill 711, also called the North Carolina Compassionate Care Act, would allow the legal use of marijuana for medicinal purposes. Both of these bills are in varying stages of discussion and approval. If passed, these bills will greatly impact simple marijuana possession laws.

Criminal Defense FAQ

Published on: November 2, 2022 | On behalf of Arnold & Smith, PLLC

Criminal Defense FAQ

If you have been arrested or charged with a crime, you may have questions about what to expect and how you can best prepare for your defense. Generally, criminal charges can be serious, and if you are convicted, you could face severe penalties that might include such things as fines, jail time, community service, probation, and more. A knowledgeable criminal defense attorney will help guide you through the process and assist you in vigorously defending the charges.

Will I Be Able to Get Out of Jail on Bail?

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.

Court of Appeals Rules on Race and Voluntary Consent of Searches

Published on: October 31, 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?”

Throughout the country, we often hear a lot of debate about an individual, or his or her property, being subjected to search by law enforcement. The Fourth Amendment of the constitution gives us the right to be free of unreasonable searches and seizures. While there are many cases and court opinions that detail when law enforcement is able to search an individual, or his or her property, we often forget that an individual is able to voluntarily consent to a search. With voluntary consent to search comes a whole host of questions. Can a voluntary search be inferred? Are there particular factors that indicate a person has consented to a search? In the recent case of State v. Bartlett, the North Carolina Court of Appeals found that an individual’s race may be a factor in deciding whether or not a person has voluntarily consented to a search.

Should Addiction Be Punished As A Crime?

Published on: October 25, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “What should I do if I have been pulled over and I have been drinking ?”

Everyone who reads or watches the news knows about the devastating impact drug addiction has had on the country. Families in every county of every state have been ripped apart due to the allure of drugs, whether those obtained on the streets or those obtained through a pharmacy. Opioids in particular have blazed a path of destruction across large swaths of the country.

Criminal Implications of Charlottesville Car Attack

Published on: August 16, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “How is getting charged with a crime on a college campus different from being charged off campus?”

The incident over the weekend in Charlottesville, VA where neo-Nazis and white supremacists gathered to protest the removal of Confederate statues resulted in the tragic death of a young woman. According to authorities, the woman was a counter protestor and was standing on a street corner with others shouting down the assembled white supremacists. James Alex Fields, Jr. is said to have driven his vehicle onto the sidewalk, striking several counter protestors and killing one.

Plea Bargaining and Criminal Law

Published on: May 3, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question:”What is an expungement?”

https://www.youtube.com/watch?v=wRNgcf2GsDY

When most people think of the criminal justice system, they likely imagine something similar to an episode of Law & Order. Police officers testifying, prosecutors and defense attorneys arguing, judges slamming gavels and jurors listening in rapt attention. According to experts, while this may be the way things happen on television, it is most assuredly not typical in the real world. An overwhelming majority of cases are resolved through plea bargaining, something that few people fully understand despite the important impact it has on our criminal justice system.

Editorial Proposes Radical Idea To Reduce Police Violence: Decriminalize Traffic Violations

Published on: April 5, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”

When most people think about their last interaction with a police officer it almost always involves a traffic stop. A person was speeding or not wearing a seat belt or ran a red light or was talking on a cellphone and a cop does what cops do and pulls the person over. This traffic stop can serve as a window to other, potentially more serious things. For instance, the cop could use the traffic infraction as an excuse to investigate other, potentially unrelated, crimes. In some especially tragic instances, the traffic stop can prove deadly, with officers engaging in violence.