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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.

Self-Defense, Intent, and Duty to Retreat in North Carolina

Published on: January 2, 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?”

Being in a situation fearing for your life and/or safety is not a place many people want to be. Anyone who has been in that situation will tell you about the fear and stress that is caused. Everyone reacts to an emergency situation differently, but one of the most common responses is to defend yourself. In the event that criminal charges are brought against someone who was protecting him or herself from a dangerous situation, one would think using the defense of self defense in court would be a given. However, self-defense includes many other issues and each case must be looked at independently.

The Importance of Proper Jury Instructions

Published on: December 19, 2018 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?”

A fundamental part of the United States court systems is the right for the accused to have a trial by a jury of their peers. However, included in this right is the inherent idea that those serving on a jury need to be provided with the proper instructions and legal theories in order to make a well informed decision about whether a defendant is guilty or not. In order to reach this decision, proper instructions need to be given. What happens if incorrect instructions are given? The North Carolina Court of Appeals recently ruled on this issue.

What Happens When Officers Lose Reasonable Suspicion at a Traffic Stop?

Published on: December 5, 2018 | On behalf of Arnold & Smith, PLLC

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

In most instances, police officers are required to have reasonable suspicion when they conduct a traffic stop. Speeding, swerving in and out of lanes, using a phone while driving, or other traffic violations give an officer reasonable suspicion to pull a car over and investigate what is happening. When an officer conducts a traffic stop, he or she usually asks for your license, registration, and insurance, and then runs your information through their system to check you out. However, what happens if the reason the officer conducted the stop, providing reasonable suspicion, disappears? Can officers still conduct the traffic stop and ask for your license? The North Carolina Court of Appeals recently ruled on this issue and found that yes, an officer can continue the traffic stop even if the cause for the stop disappears.

Things to Look Out for in a DWI Arrest

Published on: November 21, 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?”

In North Carolina, drivers can be charged with driving while impaired (DWI) if they are under the “influence of an impairing substance,” have a blood alcohol concentration of .08 or more, or are driving with any amount of specific controlled substances in their system. For most people, when they are charged with a DWI, they feel discouraged and like there is no way the situation will end with a positive outcome. Yes, a DWI is a serious offense that law enforcement is adamant about prosecuting it. However, this does not mean that anything that law enforcement does while arresting you or while suspecting you might be impaired is acceptable. Like anyone, law enforcement officers can make mistakes. A mistake by law enforcement could help your case. Police must follow a strict protocol. The following are common mistakes to look out for in a DWI arrest.

Court of Appeals Rules on Race and Voluntary Consent of Searches

Published on: October 31, 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?”

Throughout the country, we often hear a lot of debate about an individual, or his or her property, being subjected to search by law enforcement. The Fourth Amendment of the constitution gives us the right to be free of unreasonable searches and seizures. While there are many cases and court opinions that detail when law enforcement is able to search an individual, or his or her property, we often forget that an individual is able to voluntarily consent to a search. With voluntary consent to search comes a whole host of questions. Can a voluntary search be inferred? Are there particular factors that indicate a person has consented to a search? In the recent case of State v. Bartlett, the North Carolina Court of Appeals found that an individual’s race may be a factor in deciding whether or not a person has voluntarily consented to a search.