Gastonia

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?

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.

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

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

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?

New Drug Trafficking Penalties in Effect in North Carolina

Published on: December 27, 2023 | On behalf of Arnold & Smith, PLLC

New Drug Trafficking Penalties in Effect in North Carolina

Drug charges are serious, and penalties may be severe if you are found guilty. The law makes some drug crimes more dangerous, and therefore, they come with stronger penalties. Drug possession is generally a much less severe crime than possession with intent to sell or distribute. New changes to the law recently went into effect that allow for more stringent penalties for drug trafficking convictions in North Carolina.

Changes to Drug Trafficking Penalties

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?