Monroe

Is Self Defense a Valid Defense of a Crime?

Published on: February 9, 2022 | 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?”

A violent incident can happen in a second. When a confrontation occurs, it can result in one or the other party suffering severe injuries or death. Recently, the defendants in several high profile cases have asserted self defense claims in court. Self defense is a defense that asserts that you acted in response to something that could have caused you severe injury or death. Your act therefore was a way to prevent yourself from being killed. If you are accused of a serious crime, it is critical to talk to an experienced criminal defense attorney as soon as possible.

Expunctions in North Carolina

Published on: February 2, 2022 | On behalf of Arnold & Smith, PLLC

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

When an individual is charged with a crime and sentenced to either prison time, probation, or some other form of reparation, it is expected that the individual carries out that sentence. However, once the terms of the sentencing are over, the record of their conviction stays with them, often impeding their ability to find gainful employment and advance in society. An experienced criminal defense attorney can help individuals have these charges removed from their record through a process called expunction. Read on for what North Carolina residents should know about expunctions in their state.

Distracted Driving

Published on: January 19, 2022 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Am I allowed to videotape an interaction with police? Can they make me stop filming?”

Distracted driving is a term that has become more common in the last several years. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving causes more than a quarter of a million injuries and more than 3,000 deaths each year. States, including North Carolina, have enacted laws that ban texting while driving, one of the most common forms of distraction. If you are accused of distracted driving, you will want to consider defending the case in court. Speak with an experienced North Carolina attorney to discuss the details of your case.

Vehicle Theft and Other Related Charges

Published on: January 12, 2022 | 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?”

Vehicle theft is a crime that is becoming more common in recent years. Vehicle theft is a type of larceny and in some states it is often called grand theft auto because of the value of the stolen property. Charges of auto theft can be extremely serious and a conviction could result in a punishment that might include a jail sentence, fines, retribution, community service, and probation. Vehicle theft can be a complex charge and you may face additional or related charges, as well. A knowledgeable North Carolina criminal defense attorney will help protect your rights and vigorously defend these charges.

How Can I Restore My Driving Privileges After a DWI?

Published on: January 5, 2022 | 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?”

Driving while impaired is a charge that law enforcement takes very seriously. Arrest data shows that there were almost 28,000 DWI arrests in North Carolina in 2018. A DWI conviction results in a variety of severe consequences, including the temporary suspension of your driver’s license. If you lost your driving privileges due to a DWI you need to know how you can regain your license. A knowledgeable North Carolina criminal defense attorney understands DWI laws and will guide you through the process of obtaining your license again following a DWI conviction.

What are Misdemeanor Charges in North Carolina?

Published on: December 29, 2021 | On behalf of Arnold & Smith, PLLC

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

In North Carolina, as in other states, there are two main categories of crimes that include misdemeanors and felonies. Although you might be charged with a misdemeanor, it does not mean you should not take the charges seriously. Even misdemeanor convictions result in severe punishments and could negatively impact your life for many years. If you are charged with a crime, regardless of the classification, it is usually in your best interest to seek guidance from a qualified criminal defense attorney in North Carolina. Your attorney will protect your rights and strongly defend the charges.

What are Field Sobriety Tests?

Published on: December 15, 2021 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “Do I have to perform the field sobriety tests when I’m pulled over for DWI in NC?”

When you get pulled over by the police, they may wonder whether you have been drinking. Law enforcement may ask you to perform some field sobriety tests (FSTs). You may be familiar with these types of tests that police officers use to assess your sobriety. These tests are designed to assess your potential level of alcohol impairment. FSTs are commonly used across all law enforcement agencies in the state and country. A DWI charge can be extremely serious and could result in severe consequences such as the loss of your driving privileges, fines, jail time, and other penalties.

DWI Checkpoints: What You Need To Know

Published on: December 8, 2021 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “Do I have to perform the field sobriety tests when I’m pulled over for DWI in NC?”

You are driving down the road and suddenly, you see police activity ahead — a sure sign of a DWI checkpoint. You may feel scared and uneasy, even if you know that you are well under the legal limit. It is helpful to understand DWI checkpoints in North Carolina and what to do when you encounter one of these on your route. If you are charged with DWI in North Carolina, you will want to consult with an experienced attorney as soon as possible to help guide you through the legal process for the best possible outcome.

Manslaughter Charges in North Carolina

Published on: December 1, 2021 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “If I have an outstanding warrant, what should I do?”

Manslaughter charges occur when someone dies due to the negligence of someone else. If you are charged with manslaughter you are facing severe consequences if you are found guilty. Manslaughter is different from murder because of the state of mind of the defendant at the time of commission of the crime. Murder shows intent, malice, or aforethought or extreme disregard for human life. When a person is killed without specific intent to murder, the likely charge will be manslaughter. Because manslaughter charges are considered serious, you will want to fight the case with help from an experienced criminal defense attorney in North Carolina.

Disorderly Conduct and Public Intoxication

Published on: November 24, 2021 | 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?”

Disorderly conduct and public intoxication are actions that when combined may result in criminal charges. Disruptive behaviors along with intoxication may also result in criminal charges. Although you may often hear about public intoxication, it is not a crime to be drunk in public unless there are accompanying behaviors that are disruptive. North Carolina law provides for a number of acts that are disruptive. These include blocking traffic, blocking a sidewalk, starting a fight, cursing at or insulting someone, and begging. If you are charged with a disorderly conduct type of charge, it can come with significant penalties and a conviction will give you a criminal record. It is best to seek legal assistance from a reputable criminal defense attorney as soon as possible.