Charlotte Criminal Lawyer Brad Smith answers the question: “Do I need to hire an attorney if I have been falsely accused?” A man from North Carolina had a firsthand experience with neighboring South Carolina’s sweeping civil forfeiture law and is now suing to try and recover the property that…
Articles Posted in Civil Rights
North Carolina Moves To Block Release of Police Camera Footage
Charlotte Criminal Lawyer Brad Smith answers the question: “Am I allowed to videotape an interaction with police? Can they make me stop filming?” North Carolina now joins the ranks of other states attempting to block the release of potentially inflammatory body camera footage. Earlier this month the governor, Pat…
Louisiana Tries To Protect Cops With New Hate Crime Legislation
Charlotte Criminal Lawyer Brad Smith answers the question: “Am I allowed to videotape an interaction with police? Can they make me stop filming?” Hate crime legislation is designed to protect those who are victims of discrimination or violence perpetrated by others. The laws are written to provide this protection…
Your Fingerprints Can’t Plead the Fifth, Federal Court Says
Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?” On this blog earlier in the year we talked about the FBI trying to force Apple to hack into the San Bernardino shooting suspect’s iPhone to help with the ongoing criminal investigation. Since…
U.S. Supreme Court Issues Decision In Race-Based Jury Selection Case
Charlotte Criminal Lawyer Brad Smith answers the question: “Am I allowed to videotape an interaction with police? Can they make me stop filming?” An important decision in a Georgia death penalty case was finally revealed after the Supreme Court spent more than seven months debating the matter. The High…
President Obama Moves To “Ban the Box” For Federal Jobs
Charlotte Criminal Lawyer Brad Smith answers the question: “If I am charged by campus police could I still face jail time or probation?” The “Ban the Box” movement appears to be picking up steam across the country as more and more states pass measures aimed at removing a hurdle…
Is Genuine Need Ever Justification For Committing Crime? In Italy, Maybe So
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 man in Italy found himself in the odd situation of having a conviction overturned not because he didn’t do the crime, but because…
2016 Marks 50th Anniversary of Miranda v. Arizona
Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?” “You have the right to remain silent…”, a phrase that almost all of us know, but few truly understand. The words are part of what has become known as a Miranda Warning or…
Armed ≠ Dangerous for Stop and Frisk by Police, Judge Rules
Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can the police search my car without a warrant?” The federal appellate court with jurisdiction over North Carolina just ruled in a surprising decision that “armed” does not automatically mean “dangerous” within…
Does a Juror Have the Right to Acquit No Matter the Evidence?
J. Bradley Smith of Arnold & Smith, PLLC answers the question “Do I need to hire an attorney if I have been falsely accused?” Juries play an incredibly important role in our criminal justice system in determining the guilt or innocence of the accused. The topic of jury nullification…