Statesville

Three Types of Ignition Interlock Device Violations in North Carolina

Published on: August 28, 2019 | 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?”

The state of North Carolina has one of the most robust ignition interlock device (IID) programs in the country. For this reason, you may be required to install an IID in your vehicle after a DUI conviction. Always refer to the court order terms and conditions of the interlock device use, because if you do not follow the rules, you can face further legal trouble. If law enforcement charges you with an interlock violation, discuss the matter with a North Carolina DUI attorney right away to ensure your rights are protected.

Gun Carry Laws in North Carolina

Published on: August 14, 2019 | 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 U.S. and North Carolina Constitutions protect your right to bear arms. However, that right does not extend to carrying a gun wherever or whenever you wish. There are instances in which you may openly carry a firearm, but North Carolina requires you to have a permit for concealed carry.

Common Embezzlement Defenses an Attorney May Use in Your Case

Published on: August 7, 2019 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “I was found not guilty of a charge, buy my record still shows the charge. What is going on?”

Embezzlement is a form of securities fraud. It is widely known as a ‘white-collar’ crime. The State of North Carolina can charge someone with embezzlement if it believes he or she stole money for personal gain while in a position of authority. The most common example of embezzlement occurs when an employee misappropriates funds that belong to his or her employer.

Driving While Intoxicated in North Carolina

Published on: July 31, 2019 | 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 the United States, alcohol is the primary cause for most deaths that occur while driving. Alcohol intoxication limits a driver’s ability to perform safely for several reasons. For example, alcohol intoxication blurs one’s vision and harms one’s ability to react. Since a person’s reaction time increases due to alcohol intoxication, intoxicated drivers do not have the proper ability to quickly think when confronted with an emergency. Even if a driver uses his or her car after a single drink and is under the .08% limit of Blood-Alcohol Concentration (BAC), police may still arrest that driver if he or she seems impaired while driving.

Can I Bring My Child to Court?

Published on: May 8, 2019 | 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?”

A Johnston County court has appeared in the news recently for kicking a woman out of court while she was breastfeeding her baby in a sling, according to WRAL. Danielle Bell needed to appear in traffic court. She brought her 3-month old child with her. While waiting for the case to be called, sitting in the back of the courtroom, she breastfed her baby who was covered up in a sling. A deputy of the court told her that children under the age of 12 were not permitted in the courtroom and asked her to leave. Bell’s husband took the child outside of the courtroom.

Chalking Vehicle Tires is a Fourth Amendment Search

Published on: May 1, 2019 | On behalf of Arnold & Smith, PLLC

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

The Court of Appeals for the Sixth Circuit recently ruled on a case challenging parking enforcement practices of putting chalk on a vehicle’s tire so that they can keep track of how long a vehicle has been parked in one spot. The court found that marking the tires was a search under the Fourth Amendment to the United States Constitution. This case started in Saginaw, Michigan.

Can Police Take My Gun During a Traffic Stop?

Published on: January 9, 2019 | On behalf of Arnold & Smith, PLLC

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

The Second Amendment to the United States Constitution gives citizens the right to bear arms. This is not to say that a person is lawfully permitted to carry a weapon at all times or own any type of weapon that he or she wants. There are rules and regulations that dictate who can possess a firearm, what types of firearms are permitted, and when and where those weapons can be carried. What happens when a person with lawful possession of a gun is stopped by the police during a routine traffic stop? This is a complex issue and it depends on the situation and context of the police encounter. Different situations and circumstances often lead to different reactions.