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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.

When Does a Search Warrant Authorize a Strip Search?

Published on: August 29, 2018 | On behalf of Arnold & Smith, PLLC

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

When law enforcement suspects that a person is in possession of contraband, a stolen item, or some other type of illegal substance/item, they will often obtain a search warrant to find that item. In North Carolina, a search warrant is defined as, “a court order and process directing a law enforcement officer to search designated premises, vehicles, or persons.” This definition gives potential for a location, vehicle, or even persons being subject to a search. Most commonly, search warrants are for places like homes, vehicles, etc. It is not as common for a search warrant to be executed for the search of an individual person.

Court of Appeals Rules on Satellite-Based Monitoring for Sex Offenders

Published on: August 15, 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?”

It is unsurprising that the general population is hesitant about having those who have been convicted of sex crimes re-enter society. Therefore, there are a variety and programs that have been set up to monitor offenders and even keep them out of certain areas, like schools. In North Carolina, there is another option, satellite-based monitoring (SBM). Depending on the level or severity of the sex crime of which a defendant is convicted, in North Carolina there is an SMB program into which some offenders must enter. There has been contention over SMB and when it is a reasonable part of a defendant’s sentence. Issues have arisen regarding whether SMB is a reasonable search that the Fourth Amendment grants. The court of appeals examined these issues in State v. Griffin.

North Carolina Appeals Court Rules on the Use of Defensive Force in the Home

Published on: August 8, 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 2011, the North Carolina General Assembly updated the law governing the use of defensive force in the home. Since then, there has been a need for clarification of the newly enacted statute and cases in which the court interprets the statute and indicates how it should be applied in future situations. In State v. Kuhns, the North Carolina Court the Appeals clarifies part of the new statute, G.S. 14-51.2.

Disorderly Conduct at School? North Carolina Court of Appeals Decides

Published on: July 25, 2018 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “What should parents tell their children to do when interacting with police officers?”

A chair is thrown in a cafeteria. What is your first reaction to that? Silly high school antics? Assault? Is this a crime? The North Carolina Court of Appeals had to deal with this very question. A high school student under the age of 16 threw a chair in the cafeteria of his high school and ran out of the room. A school resource officer followed the chair throwing student out of the cafeteria, snuck up on him, and grabbed him by his shirt. After being confronted about the chair throwing incident, the student claimed that he was just goofing around with his brother when the chair was thrown. Initially, the student was caught off guard being apprehended by the school resource officer, but calmed down within minutes of being approached and taken to a conference room.

Supreme Court Upholds Privacy Rights in Warrantless Searches

Published on: July 18, 2018 | On behalf of Arnold & Smith, PLLC

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

One of the fundamental rights that American citizens have is the right to privacy. We have the right to feel secure in our person and be free from unreasonable searches and seizures and government intrusions. The Fourth Amendment to the United States Constitution grants us this right. The crux of the Fourth Amendment is providing protection from the police, or other governmental institutions, from searching you or your belongings without the proper justification. The American judicial system has a whole host of cases dealing with exactly how far the right to privacy extends.

Boating While Impaired can Have Dire Consequences

Published on: July 11, 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?”

The Charlotte region is blessed with a number of boat worthy lakes including Lake Norman, Lake Wylie, Mountain Island lake and many others. With the warm weather of Summer comes the desire to be outside and boat on lakes, rivers, and the ocean. In addition to enjoying a day out on the water, people like to have a few drinks while doing so. This may seem fun and enjoyable in the moment, but there can be criminal charges that result.

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.

Can I be Removed From the Sex Offender List?

Published on: June 27, 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?”

The North Carolina Sex Offender Registry is a public registry of sex offenders who reside in North Carolina. This list was created to inform the public of the whereabouts of individuals who have committed crimes of a sexual nature. The list is intended to provide safety. The Sex Offender Registration requirements determine what exactly is a reportable crime that requires registration. Residents, nonresident workers, and residential students all must register. The registry is an excellent public safety tool, but requires registration for some crimes that are not heinous. This can have detrimental effects on an individual’s life. However, there are situations in which someone can be removed from the list.

Ignition Interlock Systems in North Carolina

Published on: June 20, 2018 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Why is it important to hire a DWI lawyer quickly after being charged with a DWI?”

Drinking and driving is a serious offense in North Carolina. As such, a conviction of driving while impaired (DWI) can result in serious consequences. Common punishments include fines, jail time, probation, and license suspension. Most people rely on driving to get around. When there is no convenient access to public transportation, lack of carpooling options, or any other transportation issue, the suspension of a license can be inconvenient and catastrophic. That is why you need an experienced DWI attorney to represent you in any DWI proceeding so that you can get the best outcome possible given the circumstances.