Union

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.

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.

Man Arrested for Voting in North Carolina

Published on: August 1, 2018 | On behalf of Arnold & Smith, PLLC

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

What started as an ordinary traffic stop turned into a felony charge for one North Carolina man. Keith Sellars was driving home from dinner when he was pulled over by a cop for running a red light. While the cop was running Sellars’s license and conducting a background check, it became evident that there was a warrant out for Sellars’s arrest, according to the New York Times.

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.

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.

Lyft Driver Receives DUI in Fatal Crash

Published on: June 13, 2018 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “Is there more than one way for police to charge a person with DWI?”

Elizabeth Renter was driving for the rideshare service Lyft in Illinois when she got into an accident that killed her passenger. Renter was charged with a misdemeanor count of driving under the influence of a drug. Travis Anderson was the driver of the car that crashed into the Lyft driver, and was also found to be under the influence, according to The Patch.

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.