Criminal Lawyer

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?

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?

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

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.