Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?” Law enforcement officers are not permitted to arrest individuals anywhere they want. Throughout the United States, North Carolina included, there are different jurisdictional restrictions that law enforcement officers face. Local law enforcement are…
Articles Posted in Criminal Defense
Disorderly Conduct at School? North Carolina Court of Appeals Decides
Charlotte Criminal Lawyer Brad Smith answers the question: “What should parents tell their children to do when interacting with police officers?” A chair is thrown in a cafeteria. What is your first reaction to that? Silly high school antics? Assault? Is this a crime? The North Carolina Court of…
What is a Conditional Discharge?
Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?” Being charged with a crime in North Carolina can be scary. Suddenly, you are facing serious penalties and even a prison sentence that could be devastating to your life.…
Could Copyright Law Help Prevent Spread of Mugshots Online?
Charlotte Criminal Lawyer Brad Smith answers the question: “If I have an outstanding warrant, what should I do?” A woman named Julie Cantu recently experienced one of the (many) negative aspects of today’s information age. While out on a first date, the man asked her several normal get-to-know-you questions,…
Cash Bail Under Fire In New York
Charlotte Criminal Lawyer Brad Smith answers the question: “If I have an outstanding warrant, what should I do?” We have discussed bail before. Specifically, we have discussed the ways in which the current bail system in place in many states is designed in such a way that disadvantages the…
Civil Forfeiture Under Attack In Michigan
Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?” We have discussed civil asset forfeiture before and how there is growing consensus around the country that the practice has many negatives and unfairly impacts those who are already among the most vulnerable. The system…
Legislators In Alabama Take Aim At Civil Asset Forfeiture Law
Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?” We have discussed civil asset forfeiture many times before, usually noting the ways in which the practice is used to unfairly seize assets from often-innocent individuals, enriching law enforcement agencies at the expense of the…
Supreme Court To Hear Case Involving Minor Sentenced To 241 Years In Prison
Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?” Those who follow issues involving criminal law may know that the United States is an outlier among other countries in the world when it comes to punishment of juvenile…
Florida Legislature Moves Forward With Plan To Allow Retroactive Criminal Law Changes
Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?” When we think of the law we often imagine rules that are set in stone. The law is meant to remain constant, allowing certainty over time and consistent treatment,…
Private Warrants
Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?” One of the many new changes going into effect on December 1, 2017, involves North Carolina’s private warrant system. The subject seldom gets much attention, but because of the important consequence it can…