Lake Norman

What is My Right to a Speedy Trial?

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

What is My Right to a Speedy Trial?

You have probably heard that defendants have the right to a speedy trial, but you may be unsure what it means. The Sixth Amendment of the United States Constitution guarantees all citizens the right to a speedy trial. This means that a person who is charged with a federal crime must go to trial no later than 70 days after indictment. The law ensures that you are treated fairly and are not held too long before you get a trial.

How Do I Invoke My Right to a Speedy Trial?

What are Violent Crimes in North Carolina?

Published on: March 27, 2024 | On behalf of Arnold & Smith, PLLC

What are Violent Crimes in North Carolina?

Being charged with a crime can be frightening, but if you are charged with a violent crime, it can make the situation even more difficult. Violent crimes are generally more serious than other crimes, and if convicted, the sentences are usually severe. It is essential to defend your criminal charges with help from a knowledgeable criminal defense attorney. It is helpful to understand which crimes are considered violent in North Carolina.

Violent Crimes in North Carolina

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.

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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

Marijuana Possession Charges in North Carolina

Published on: February 28, 2024 | On behalf of Arnold & Smith, PLLC

Marijuana Possession Charges in North Carolina

Marijuana use is becoming more accepted across the country. Some states have decriminalized marijuana in some circumstances. Marijuana is a controlled substance, and possession is still a federal crime and a crime in the state of North Carolina. Generally, simple possession of a small amount of marijuana is considered a misdemeanor. If found guilty of a larger amount of marijuana, you may be charged with a felony.

If you are found guilty of a misdemeanor or felony, you may face penalties that include fines, probation, jail time, and more. A criminal record could limit your ability to get a job, seek housing, or even get into college. If you have been charged with drug possession, you will want to speak with an experienced criminal defense attorney as soon as possible.

What is the Pretrial Integrity Act?

Published on: February 21, 2024 | On behalf of Arnold & Smith, PLLC

What is the Pretrial Integrity Act?

After you are arrested, you will go before a judge. When you are in court, you will learn the charges against you, and the judge will typically set bond. Bond means that the defendant will be allowed to stay out of jail but must appear in court for their upcoming case or will forfeit the bail they provided. There are also often some conditions for remaining out of jail. Recently, the Pretrial Integrity Act went into effect, which changes how bond is set for some types of criminal charges.

Pretrial Integrity Act

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.

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