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What You Need to Know About Probation Violations

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

What You Need to Know About Probation Violations

Probation is often included in the sentencing for many varied crimes in North Carolina. Both misdemeanors and felonies may include some form of probation as part of the sentence. When you are placed on probation it means that you must obey the requirements of the court order. If you violate the terms of your probation, it could be revoked, and you might end up in jail. A knowledgeable criminal defense attorney will help you resolve matters of probation violation.

What is Probation?

Consequences of DUI in North Carolina

Published on: March 20, 2024 | On behalf of Arnold & Smith, PLLC

Consequences of DUI in North Carolina

Driving Under the Influence (DUI) is a serious charge and one that can have a negative impact on your future if you are convicted. In North Carolina, drivers aged 21 and over cannot drive with a blood alcohol concentration of 0.08% or higher or while they are impaired by drugs. Punishments for DUI convictions are generally based on the severity of the situation and whether the driver has had previous offenses. Sentences can include fines, incarceration, probation, and a requirement to attend drug or alcohol classes. You may also face a period of suspension of your driver’s license.

DUI Charges and Penalties

Do I Need an Attorney for a First DWI Charge?

Published on: March 13, 2024 | On behalf of Arnold & Smith, PLLC

Do I Need an Attorney for a First DWI Charge?

In North Carolina, the legal limit for a driver age 21 or older is 0.08% BAC. A driver with a blood alcohol concentration of 0.08% or more is considered impaired. If you are stopped by police and the officer thinks you might have been drinking, they will ask you to do some field sobriety tests and may ask you to take a breath test. You could face DWI charges. Driving while impaired, DWI is a serious charge and one that will negatively impact your life if you are found guilty. You will want to consult with an experienced DWI attorney as soon as possible.

https://youtu.be/2YsaLKA4NMo?si=9SJ85ZyLVQ9vrvqK

Can I Appeal a Criminal Conviction in North Carolina?

Published on: March 6, 2024 | On behalf of Arnold & Smith, PLLC

Can I Appeal a Criminal Conviction in North Carolina?

A state criminal conviction may seem like the worst thing that could have happened, but there may be something you can do about it. A criminal conviction does not necessarily mean that your fight to defend yourself is over. In some cases, you may be able to appeal a criminal conviction in North Carolina. It is helpful to know that there are different rules that may apply to appealing a case in federal court.

Reasons to Appeal a State Conviction

Speeding Violations in North Carolina

Published on: February 7, 2024 | On behalf of Arnold & Smith, PLLC

Speeding Violations in North Carolina

Most people have received a ticket for speeding at some point in time. Speeding is one of the most common traffic offenses. If you receive a ticket for speeding, you may wonder what it means to your driving record and whether the offense is considered criminal in nature. You may want to consult with a criminal defense attorney to determine the best course of action and what you can do to fight the charges.

A speeding violation can be more than just an inconvenience. If you are found guilty of speeding you will assess points on your driving record. You will also be required to pay a fine. Sometimes, your car insurance rates will go up because of speeding or other violations. Depending on the circumstances, you could have your driver’s license suspended. In addition, some speeding violations are more serious and if guilty, you will face criminal penalties such as a jail sentence, community service, and more.

How Can I Successfully Defend Against Assault Charges in North Carolina?

Published on: January 24, 2024 | On behalf of Arnold & Smith, PLLC

How Can I Successfully Defend Against Assault Charges in North Carolina?

Assault is a common crime that may be charged as either a misdemeanor or felony, depending on the circumstances. Assault generally means attempting to physically harm another person, and it may be charged even if you did not touch the other person in some cases. Assault is also called simple assault and is generally a less serious crime than assault and battery. If you are charged with simple assault, you will want to take steps to provide the best defense possible. A knowledgeable criminal defense attorney will assist you in vigorously defending assault charges.

Simple Assault in North Carolina

What are the Potential Penalties for DWI in North Carolina?

Published on: January 17, 2024 | On behalf of Arnold & Smith, PLLC

What are the Potential Penalties for DWI in North Carolina?

Driving while impaired (DWI) is a serious offense and one that comes with severe penalties if convicted. According to the North Carolina Sentencing and Policy Advisory Commission, DWI sentencing is back to normal, pre-pandemic operations. In 2022, North Carolina courts imposed sentences for 26,333 DWI convictions. Various consequences for someone found guilty of DWI may include jail time, community service, alcohol assessment and treatment, court costs, and the loss of driving privileges. If you are facing DWI charges, you will want to strongly defend the charges with help from an experienced DWI attorney.

DWI Sentences

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