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Articles Posted in Criminal Defense

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Several New Criminal Laws Set To Begin On December 1st

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I talk to the police?”   As the end of the year approaches, so does the deadline for implementing various new laws. Tradition in North Carolina dictates that new laws go into effect later in the year, giving…

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Recent West Virginia Case Clarifies Rights Of Defendants

J. Bradley Smith of Arnold & Smith, PLLC answers the question: “I was found not guilty of a charge, why does my record still show the charge?”   The West Virginia Supreme Court recently issued an important decision that will help clear up questions regarding the rights of criminal defendants when…

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Adult Punishment For Juvenile Offenders Leads To Early Death

Charlotte Criminal Lawyer Brad Smith of Arnold & Smith, PLLC answers the question: A past conviction is keeping me from finding work what can I do?   We’ve previously discussed the harms that can occur when children are charged with adult crimes and made to serve out punishment in adult prisons.…

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Can A Facebook Profile Count As A Threat?

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I talk to the police?”   The internet has made many things easier, whether it’s searching for information, ordering clothes or wasting time watching movies. Though most of these are positive innovations, not everything that the internet touches…

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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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