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Articles Posted in Criminal Defense

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How Serious Is The Sixth Amendment?

Charlotte DWI Lawyer Brad Smith answers : I was found not guilty of a charge, but my record still shows the charge   Today marks the start of the Supreme Court’s new term. Last year was a remarkable year, with important decisions touching on issues such as healthcare, gay marriage…

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Social Media and Criminal Law

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I talk to the police?”   When most people think of detective work, they think of a scene out of Law & Order, with police officers kicking in doors or interviewing witnesses. While that’s certainly true in some…

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Craigslist-post conviction thrown out; criminal defamation law ruled unconstitutional

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I ever plead guilty to a charge?”   The axiom that “The truth shall set you free” is, in my opinion, a bit overused and often used out of context. The quote—from the eighth chapter of the Gospel…

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Class action challenges alleged police quota system, non-PC criminal summonses

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?”   Five years after he was issued two criminal summonses by a New York City police officer for alleged trespassing and disorderly conduct, twenty-four-year-old Sharif L. Stinson is the lead plaintiff…

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Life imitates art in Big Lebowski-esque wrong-car smashup

J. Bradley Smith of Arnold & Smith, PLLC responds to “The person that called the police doesn’t want to press charges, can I still be prosecuted?”   A twenty-two-year old Florida man brought a scene from Joel and Ethan Cohen’s 1998 feature film The Big Lebowski to life last week…

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State Highway Patrol resists release of dash-cam videos in criminal cases

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?”   Local news outlets are abuzz over the deployment of officer body cameras in two divisions of the Charlotte-Mecklenburg Police Department. CMPD Major Steve Willis showed WBTV a model of the…

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Police officer seeks dismissal of conviction related to fantasy of killing, eating women

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?”   The prosecution of a former New York City police officer who federal prosecutors say participated in “a concerted criminal plot to kidnap and eat women” has raised concerns that his…

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Prison is far from an ideal place to be pregnant

Charlotte DWI Lawyer Brad Smith answers the question: What are the long term effects of being convicted of a crime?   Like countless mothers across the United States, Laura Strange spent two hours cradling her newborn daughter Haley in her arms. Unlike most mothers, however, the twenty-five-year-old’s ankle was cuffed…

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Nonviolent felonies the real culprit in voter suppression

Charlotte DWI Lawyer Brad Smith answers the question: What are the long term effects of being convicted of a crime?   The political battle over voting rights in North Carolina has focused in recent years on the issue of photo identification. One side of the political battle wants to require…

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Legislator seeks to criminalize recording police while on duty

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?”   In general, a person’s privacy rights extend as is “reasonable.” Persons do not, for instance, have a reasonable expectation of privacy when they walk on a public street. They may…

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