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Habitual Felons in North Carolina

Published on: February 14, 2024 | On behalf of Arnold & Smith, PLLC

Habitual Felons in North Carolina

Felonies are usually serious charges that can result in severe penalties if convicted. The penalties are designed to deter people from committing crimes in the future. Sometimes, a convicted felon commits another crime. Most states have laws in place that require stiffer penalties when someone has previously been convicted of a felony. These laws are often called “three-strike” laws and pertain to people who have two prior felony convictions. These people are known as habitual felons.

What is a Habitual Felon?

What Should I Do After an Arrest?

Published on: January 31, 2024 | On behalf of Arnold & Smith, PLLC

What Should I Do After an Arrest?

If you were arrested for a crime, you may be worried and afraid, especially if this is your first arrest. The legal system can seem daunting, and you may feel completely alone and terrified. You do not want to do anything that could damage your case and cause you further harm. Yet, you want to try to help your case and hopefully get yourself out of hot water. If you have been arrested or detained, you will want to seek guidance from an experienced criminal defense attorney to help you through the process and protect your rights.

Listen to Law Enforcement

New Legislation Requires In-Vehicle Breathalyzers by 2026

Published on: January 10, 2024 | On behalf of Arnold & Smith, PLLC

New Legislation Requires In-Vehicle Breathalyzers by 2026

Impaired driving is an ongoing problem in every state. According to the Centers for Disease Control and Prevention (CDC), there are approximately a million drunk driving arrests in the United States every year. The legal blood alcohol concentration (BAC) in North Carolina is 0.08%. If the police suspect you are driving while impaired, they may ask you to perform some field sobriety tests as well as take part in a breathalyzer test. If you are over the limit, you will likely be facing DWI charges in North Carolina.

What are Breathalyzer Tests?

New License Plate Reader Program Takes Effect in 2024

Published on: January 3, 2024 | On behalf of Arnold & Smith, PLLC

New License Plate Reader Program Takes Effect in 2024

More and more police departments are using automated license plate readers to assist them with law enforcement. There has been controversy surrounding the use of these devices and concern about what law enforcement does with the data. In Charlotte, for instance, the law requires police to purge data after 18 months. In Raleigh, police have to purge data after six months, as long as it is not being used as part of an investigation. A new law in effect allows for the addition of more license plate readers in 2024.

What are Automated License Plate Readers?

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

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?

Pretrial Integrity Act Now in Effect

Published on: October 11, 2023 | On behalf of Arnold & Smith, PLLC

Pretrial Integrity Act Now in Effect

A new law is in place in North Carolina. The Pretrial Integrity Act went into effect on October 1, 2023. The bill was initially introduced as House 813 and was signed into law by Governor Roy Cooper on July 1, 2023. The law is designed to allow judges the ability to make decisions regarding setting bonds for defendants. Proponents of the bill wanted legislation in place to ensure that dangerous criminals would be kept in jail pending their trials.

Bond in Criminal Cases