misdemeanor

The Criminal Court Process in North Carolina

Published on: January 16, 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?”

The criminal court process can be difficult to understand. If you have never been charged with a crime, or even if you have, it can be difficult to determine what the next step should be. However, if you are facing a criminal charge in North Carolina, it is important to know what to expect and the steps that will occur throughout the case. There are two types of criminal charges in North Carolina — misdemeanor and felony charges. Each charge has a different process through the North Carolina criminal court system.

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.

The Statute of Limitations for North Carolina Criminal Charges

Published on: October 3, 2018 | 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?”

If you watch a television drama that follows the story of a crime and its prosecution, it seems like a quick process. A crime is committed, suspects are identified, a suspect is charged, the court hears the case, and an outcome is decided. Reality is not like television. Sometimes it takes days, months, or even years to determine who committed a crime. Is there a time limit for bringing about a charge on a suspect? Or can charges be brought anytime after the crime was committed and a suspect was found? The answer to those questions vary from state to state, but in North Carolina it depends on whether the crime was a misdemeanor or a felony.

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.

Five Types of Property Crime in North Carolina

Published on: May 16, 2018 | On behalf of Arnold & Smith, PLLC

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

Criminal law is complex. There are many crimes that can be committed under the same “type” of offense and there are different levels of severity for each crime. In North Carolina, there are many different crimes that can be committed to/on property. The following are the most common types of property crime in North Carolina.

Supreme Court Poised To Decide Several Important Criminal Cases

Published on: October 11, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question:”What is an expungement?”

The U.S. Supreme Court is poised to have what many legal experts believe will be a blockbuster year, issuing a number of significant decisions. The docket appears packed with controversial and consequential cases. Last year the court was down a member following the death of Justice Scalia and the justices were not eager to accept potentially divisive cases given the odds of a 4-4 split. Now that Justice Gorsuch has been confirmed, the Court has ramped up its workload.

Does Flipping A Bird Count As Free Speech?

Published on: September 27, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “How is social media evidence used in divorce proceedings?”

When we think of arguments involving the First Amendment and free speech, we often conjure up images of brave people taking stands on important topics. There are a number of landmark Supreme Court cases devoted to the subject, all examples of the power of the Constitution, which permits citizens to stand up and say or do what they want, even if it’s unpopular.

Plea Bargaining and Criminal Law

Published on: May 3, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question:”What is an expungement?”

https://www.youtube.com/watch?v=wRNgcf2GsDY

When most people think of the criminal justice system, they likely imagine something similar to an episode of Law & Order. Police officers testifying, prosecutors and defense attorneys arguing, judges slamming gavels and jurors listening in rapt attention. According to experts, while this may be the way things happen on television, it is most assuredly not typical in the real world. An overwhelming majority of cases are resolved through plea bargaining, something that few people fully understand despite the important impact it has on our criminal justice system.

New York Governor Signs Law Criminalizing Use of Ticket-Buying Bots

Published on: December 6, 2016 | On behalf of Arnold & Smith, PLLC

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

If you’ve ever tried to buy tickets to a concert or other popular live event you understand the frustration felt by many. It can be downright impossible to get tickets to especially hot performances and the reason seldom has to do with other fans. Instead, automated ticketing purchasing software, known as “bots”, frequently scoop up huge numbers of tickets before few if any real people get the chance to buy. This leads to dramatically inflated prices with the bots reselling these tickets on the secondary market. It’s a deal that’s bad for fans and also bad for venues and the artists who aren’t getting the benefit of the higher prices being charged on the secondary market. Everyone, except the bots, lose.