Iredell County

Things to Look Out for in a DWI Arrest

Published on: November 21, 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?”

In North Carolina, drivers can be charged with driving while impaired (DWI) if they are under the “influence of an impairing substance,” have a blood alcohol concentration of .08 or more, or are driving with any amount of specific controlled substances in their system. For most people, when they are charged with a DWI, they feel discouraged and like there is no way the situation will end with a positive outcome. Yes, a DWI is a serious offense that law enforcement is adamant about prosecuting it. However, this does not mean that anything that law enforcement does while arresting you or while suspecting you might be impaired is acceptable. Like anyone, law enforcement officers can make mistakes. A mistake by law enforcement could help your case. Police must follow a strict protocol. The following are common mistakes to look out for in a DWI arrest.

North Carolina Court Rules Further on Drug ID

Published on: November 14, 2018 | 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?”

Criminal charges and the subsequent trial that follow can raise legal questions for North Carolina courts. There are always new issues that arise and new considerations to be taken into account. Recently, the North Carolina Court of Appeals has further expanded upon drug identification in criminal cases. The appeals court has ruled on drug identification at different points throughout the year, but this new ruling adds in an extra wrinkle to identifying drugs.

Should I Take a Plea Bargain?

Published on: November 7, 2018 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?”

Being charged with a crime can be overwhelming. Suddenly, you are thrust into the court system and worried that you will be found guilty and face serious penalties for an action you may or may not have taken. Your criminal defense attorneys has the goal of achieving the best possible results for you under the circumstances. Most people assume that the only possible outcome for their case is the judge or jury finding them guilty or not guilty. While these are certainly two possible outcomes in criminal court, there are others. Criminal defendants in North Carolina are sometimes offered a plea bargain.

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.

Can Criminal Charges be Dropped?

Published on: October 24, 2018 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “The person that called the police doesn’t want to press charges, can I still be prosecuted?”

The prospect of facing criminal charges can lead to anxiety and uncertainty, regardless if the crime is a felony or a misdemeanor. You might think that the only possible outcome is being found guilty or innocent. However, in North Carolina there are additional results for criminal charges. It is important to note that there is no guarantee of any outcome in a criminal charge. Instead, it is helpful to know all of the possible outcomes for your case. Criminal convictions can have life-altering consequences that follow you for years to come. The following are alternatives to a finding of guilt or innocence in a criminal charge.

Supreme Court Broadens Meaning of “Maintaining a Dwelling”

Published on: October 17, 2018 | On behalf of Arnold & Smith, PLLC

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

The state of North Carolina is strict on drug crimes. In an effort to eliminate the use of drugs throughout the state, courts and lawmakers have been eager to crack down on the use, sale, and possession of controlled substances. Recently, the North Carolina Supreme Court has broadened the meaning of “maintaining a dwelling” as it pertains to using, selling, or storing a controlled substance. In State v. Rogers, the court disavows previous courts’ use of “maintaining a dwelling” and broadens the use of the term.

Things to Consider When Hiring a Criminal Defense Attorney

Published on: October 10, 2018 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Do I need to hire an attorney if I have been falsely accused?”

If you are considering hiring a criminal defense attorney, you are likely in a stressful and trying time in your life. Criminal charges can be confusing and likely carry drastic, life-altering consequences if the defendant is found guilty. As such, it is imperative to hire a criminal defense attorney with the experience and knowledge to provide the best defense possible given the circumstances of the particular case. When hiring an attorney to represent you, you need to use careful consideration to choose the best attorney for your situation. Therefore, there are things that should always be considered in hiring a criminal defense attorney.

License Revocation as a Consequence of DWI

Published on: September 12, 2018 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “How can an attorney help me with my DWI?”

Most people in North Carolina rely on their car to get them from one place to another. While there may be public transportation options, rideshare options, or any other type of transportation, for the most part, people get around by car. Imagine being completely dependent on a car to get you to work, school, or even social events. What happens if you suddenly do not have a license anymore? For those individuals who are arrested and/or convicted for driving while impaired (DWI), that is a sobering reality. Often times, after an individual is arrested and charged for a suspected DWI, he or she faces immediate license revocation, even without the conviction. An arrest and/or charge is enough to revoke a license.

What is a Conditional Discharge?

Published on: July 4, 2018 | 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?”

Being charged with a crime in North Carolina can be scary. Suddenly, you are facing serious penalties and even a prison sentence that could be devastating to your life. In criminal cases, most people think of a defendant being found “guilty” or “not guilty.” Not guilty is the ideal finding in a criminal case, but that is not always the result. When defendants hear a guilty verdict, they might think that their lives are ruined. In criminal cases in North Carolina, there are some options for a defendant, even after a finding of guilt.

Supreme Court Throws Out Federal Immigration Law

Published on: April 18, 2018 | 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?”

In a blow to federal immigration officials and the politicians, like President Trump, who have taken a hard line as it relates to the issue, the U.S. Supreme Court found an element of an important immigration law unconstitutional. The law is a significant one in that it has served as the basis for deporting thousands of immigrants in the U.S. who are convicted of committing what it deems “serious” crimes. Those convictions, which critics say could be for even relatively minor infractions, then result in deportation, even for immigrants with a long and stable history in the U.S.