Charlotte Criminal Lawyer Blog

How Do I Invoke My Right to Remain Silent?

On behalf of Arnold & Smith, PLLC — Wed, 05 Aug 2026 16:00:05 +0000

If you are facing criminal charges, you need to understand your rights. You have rights, and you need to make sure that your rights are not violated. Whether you are being questioned by law enforcement or have already been detained or arrested, you can and should know why and how to invoke your right to remain silent. A knowledgeable criminal defense attorney will be instrumental in assisting you through the process and protecting your rights.

Protections Under the Fifth Amendment

The United States Constitution provides citizens with important rights. These rights are designed to ensure that you are protected from improper prosecution or punishments without being able to protect yourself. The Bill of Rights is detailed in the ten amendments to the Constitution. The Fifth Amendment particularly pertains to those who are accused of a crime. There are several key rights, including that no person “shall be compelled in any criminal case to be a witness against himself.

What Does it Mean to Be Trespassed From a Property?

On behalf of Arnold & Smith, PLLC — Wed, 29 Jul 2026 16:00:12 +0000

It seems as though going into a store or place of business should be allowed. Yet, there are some circumstances in which a person may be banned from entering. Even though the store is open to the public, it is owned by a private party. The store, therefore, has the right to keep someone out of its business. If you have been banned, or trespassed, from a place of business, it can be a scary and humiliating experience. In some instances, you can be criminally charged with trespass.

Types of Trespassing

There are several levels of trespassing in North Carolina. Second-degree trespass happens when you are found on the property after you have received a trespassing notice. This is a Class 2 or Class 3 misdemeanor. First-degree trespass is a Class 2 misdemeanor, but it is more severe. An example of first-degree trespassing is when a person enters or remains on a property without permission, such as a fenced yard.

White-Collar Crime

On behalf of Arnold & Smith, PLLC — Wed, 22 Jul 2026 16:00:09 +0000

White-collar crimes are some of the most common types of crimes in the country. White-collar crimes are more than an inconvenience to the company or entity involved. These crimes can result in significant financial loss and, therefore, have serious penalties upon conviction. White-collar crimes are often complex and lengthy as they may require investigations and forensic analysis. If you were charged with a white-collar crime, seek legal guidance as soon as possible.

What are White-Collar Crimes?

White-collar crimes are non-violent crimes that are typically motivated by money. These types of crimes are usually committed by those in business or governmental positions. The term “white-collar crime” was first coined in 1939. The term simply means that these types of crimes are not meant to physically harm someone, but instead, are financial crimes. White-collar crimes happen in business situations but may also include identity fraud, forgery, and other personal crimes.

Can I Get Criminal Charges Dropped?

On behalf of Arnold & Smith, PLLC — Wed, 15 Jul 2026 16:00:01 +0000

If you are facing criminal charges, you know that it can be a terrifying experience. The criminal justice system is complex, and throughout the process, you need to protect your rights. The prosecutor will review the details and evidence in the case to determine how to proceed. At the same time, your attorney will evaluate the information in the preparation of your defense. Sometimes, the state’s attorney may reduce or even drop some or all of the charges. Many people wonder how they can get the charges against them dropped in North Carolina.

Lack of Evidence

The prosecutor reviews the charges and evidence to determine whether the evidence is strong enough to obtain a conviction. Keep in mind that the prosecutor must be able to prove guilt beyond a reasonable doubt. They must prove every element of the charges using the evidence they have available. If there is not enough evidence or if some evidence is inadmissible, the prosecutor may decide not to move forward with the case.

What is the Move-Over Law in North Carolina?

On behalf of Arnold & Smith, PLLC — Wed, 08 Jul 2026 16:00:50 +0000

Our roads and highways are busier than ever. Thousands of vehicles travel in North Carolina every day. Often, emergencies require vehicles to pull to the side of the road. Police vehicles, fire trucks, ambulances, tow trucks, repair vehicles, utility trucks, and others are often working along the shoulder. The law requires motorists to move over or slow down when they approach emergency vehicles on the side of the road. This is called the move-over law.

Move Over Law in North Carolina

The move over law in North Carolina (G.S. 20-157) requires vehicles to move over when they see an emergency vehicle on the shoulder. Specifically, the law states that a driver must “move the vehicle into a lane that is not the lane nearest to the parked or standing authorized emergency vehicle or public service vehicle and continue traveling in that lane until safely clear…”.

Violation of Domestic Violence Protective Order

On behalf of Arnold & Smith, PLLC — Wed, 01 Jul 2026 16:00:24 +0000

A person involved in a domestic relationship may experience an instance of violence. If the person is hurt by a spouse, domestic partner, or family member, they may request a protective order. A domestic violence protective order, DVPO, is a court order that protects a victim by keeping a potentially dangerous person away.

Basics of a Domestic Violence Protective Order

A domestic violence protective order is also called a 50B order. A victim of domestic abuse may file for a protective order against someone to keep them from harming or threatening harm.

What to Know About Ignition Interlock Devices in North Carolina

On behalf of Arnold & Smith, PLLC — Wed, 24 Jun 2026 16:00:32 +0000

What to Know About Ignition Interlock Devices in North Carolina

Driving while impaired is a serious charge, and a DWI conviction comes with severe consequences. In some cases, you could lose your driver’s license for a period of time, face fines, and points on your license. In some cases, you will be required to install a breathalyzer device in your vehicle before you can get behind the wheel. What is an ignition interlock device, and when is it necessary in North Carolina?

What is an Ignition Interlock Device?

What is Extradition?

On behalf of Arnold & Smith, PLLC — Wed, 17 Jun 2026 16:00:30 +0000

What is Extradition?

If you have outstanding criminal charges from another jurisdiction, the police could take you into custody and deliver you to another location where you will face the consequences. You could therefore be held in custody and will go through the legal prosecution process. Not all charges are extraditable and sometimes jurisdictions will not require extradition if the charges are minor. Extradition may take place between jurisdictions within the United States or even outside the country.

What is Extradition?

Concealed Carry Laws in North Carolina

On behalf of Arnold & Smith, PLLC — Wed, 10 Jun 2026 16:00:24 +0000

Concealed Carry Laws in North Carolina

The Second Amendment to the United States Constitution guarantees all citizens the right to bear arms. With few exceptions, North Carolina residents are allowed to own firearms. A firearm is a “handgun, shotgun, or rifle which expels a projectile by action of an explosion. When you own a firearm in North Carolina, you must obtain a concealed carry permit if you wish to keep it in a concealed manner. Concealment could be in a pocket or purse, glove compartment, under the seat of a vehicle, in your waistband under clothing, or any other place where it is not readily seen by others.

North Carolina Law Allows Concealed Carry

Can I Be Charged With Public Intoxication?

On behalf of Arnold & Smith, PLLC — Wed, 03 Jun 2026 16:00:11 +0000

Can I Be Charged With Public Intoxication?

A night out with friends can be fun, but it can get crazy if you have too much to drink. You may be so intoxicated that you wander down the sidewalks or in other public areas, creating a nuisance. When that happens, the police may become involved. In North Carolina, public intoxication on its own is not a criminal offense; however, it is often associated with disorderly behavior, which is a crime.

What is Public Intoxication?