Huntersville

Recalled Warrants in North Carolina

Published on: July 3, 2019 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”

While uncommon, it is not out of the realm of possibility that someone who is due in court for a criminal matter forgets about it and fails to appear. When you have a court date, you are required to appear at the specified date and time, unless other arrangements have been made. Failing to appear could result in a warrant for an arrest be issued. Whether you simply forgot about the court date, were too scared and did not show up, or were confused on the dates because of matters in other jurisdictions, an arrest warrant can be issued and make matters worse.

Who is Considered a Minor in North Carolina?

Published on: June 26, 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?”

It is not surprising that minors and adults are treated differently under the law when it comes to committing crimes. Minors are still learning and growing into adults and often face less stringent repercussions for committing, or being accused of a crime than an adult committing the same crime. This begs the question, who is considered a minor for crimes committed in North Carolina? Is there always a strict age defining a minor, or can the age of minority shift depending on the crime?

Warrants for Digital Devices in North Carolina

Published on: June 19, 2019 | On behalf of Arnold & Smith, PLLC

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

As technology advances, so must the law. The problem is that sometimes the law is slow to catch up to technological advances, and it can take even longer for the law to cover each little nuance that might arise. Digital devices, like cell phones and other electronics, are by no means a new development in technology, but there are advances made every day, and these devices become more and more integral to committing crimes. One problem that often arises is issuing a search warrant for an electronic device and the digital contents contained on the device. Courts are left to make a decision on what the requirements are for issuing a search warrant for a digital device and when they are appropriate.

Opinion-Based Police Testimony in Criminal Cases

Published on: June 12, 2019 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?”

Police are an integral part of society; they keep the peace, catch criminals, and put their lives at risk to keep the general population safe. Since the police play such a large role in solving crimes and convicting criminals, it is not surprising that police officers are often called to testify during court proceedings. An issue arises with police testimony, however, when the officer testifying was not involved with the incident at all. Instead, that officer is offering an opinion, based off of his or her police experience, as to what happened or would have happened. This practice is controversial because someone without actual knowledge, or only investigative knowledge, of the incident is offering testimony that could sway a jury.

The Hidden Costs of DWI in North Carolina

Published on: June 5, 2019 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “What happens if I am convicted of a DUI or DWI in Charlotte North Carolina?”

We all have heard the stories of families losing loved ones to those who have driven under the influence of alcohol or drugs, or drivers losing their own lives because they drove while impaired. These are sad stories and serve as a cautionary tale of avoiding impaired driving. Nevertheless, drivers in North Carolina are frequently charged with driving while impaired (DWI). Depending on whether this is your first time being charged with a DWI, or if it is a second or subsequent offense, the penalties for a DWI can be steep. In addition to fines and jail time that those convicted of DWI face, there are other ramifications of this criminal conviction that impact them for the rest of their lives. For additional resources regarding DWI click HERE.

Can a Breathalyzer Test Have a False Positive?

Published on: May 29, 2019 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “Is there more than one way for police to charge a person with DWI?”

We all know the dangers of drinking and driving. Accidents happen everyday because a driver is under the influence of drugs or alcohol and injures or kills someone else. Driving while impaired (DWI) charges are taken very seriously in North Carolina. It can be extremely frustrating to be facing these charges when you know you were not operating your vehicle while impaired. Find more resources about DWI here.

Do Police Need a Warrant to Conduct a Drone Search?

Published on: May 22, 2019 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”

As technology advances, so do law enforcement’s methods of obtaining evidence and solving crimes. Law enforcement officers today are able to conduct searches using drones, which can fly over land and collect video footage and photos. The police often use drones to find missing or stolen property. Recently, a lawsuit arose after police officers flew a drone over private property to find stolen construction equipment.

The Legality of Doorbell Cameras in North Carolina

Published on: May 15, 2019 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”

No one wants their home to fall victim to a thief or someone participating in other criminal behavior. You have probably seen videos circulating online of people stealing deliveries off of other people’s front porches. This is exactly the type of crime that homeowners seek to prevent. One way to do so is through the use of doorbell cameras. Amazon’s Ring, Google’s Nest Hello, and a myriad of other camera systems are popular choices for homeowners looking to record suspicious front-door activity.

Can I Bring My Child to Court?

Published on: May 8, 2019 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?”

A Johnston County court has appeared in the news recently for kicking a woman out of court while she was breastfeeding her baby in a sling, according to WRAL. Danielle Bell needed to appear in traffic court. She brought her 3-month old child with her. While waiting for the case to be called, sitting in the back of the courtroom, she breastfed her baby who was covered up in a sling. A deputy of the court told her that children under the age of 12 were not permitted in the courtroom and asked her to leave. Bell’s husband took the child outside of the courtroom.

Chalking Vehicle Tires is a Fourth Amendment Search

Published on: May 1, 2019 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”

The Court of Appeals for the Sixth Circuit recently ruled on a case challenging parking enforcement practices of putting chalk on a vehicle’s tire so that they can keep track of how long a vehicle has been parked in one spot. The court found that marking the tires was a search under the Fourth Amendment to the United States Constitution. This case started in Saginaw, Michigan.