J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I talk to the police?” A recent United States Supreme Court has some legal observers complaining that police officers are entitled to mistakes of law, while ordinary citizens are not. The decision underlines, however, the ignorance many…
Attorney J. Bradley Smith answering the question: “Can I be arrested without evidence against me?” The case of a North Carolina bank robber is set to get national attention over the coming months after the U.S. Supreme Court agreed to hear the matter. The case involved Larry Whitfield, a…
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?” Of course police want everything off your phone. They want to take it, analyze it, and try to use it to prove you…
Attorney J. Bradley Smith answering the question: “What is an expungement?” The U.S. Supreme Court issued an important decision earlier this week regarding the government’s ability to place a freeze on a criminal defendant’s assets prior to trial. The Supreme Court found that prosecutors are allowed to freeze assets…
Attorney J. Bradley Smith answering the question: “If I simply intend to plead guilty, why do I need a lawyer?” A divided Supreme Court ruled in an important case last week that it is unconstitutional for judges to use current federal sentencing guidelines if they contain harsher penalties than the…
Attorney J. Bradley Smith answering the question: “A past conviction is keeping me from finding work what can I do?” In an important divided criminal law decision released earlier this week, the U.S. Supreme Court voted 5-4 to say that silence can be used against defendants in certain circumstances. The…
Attorney J. Bradley Smith answering the question: “If I simply intend to plead guilty, why do I need a lawyer?” Earlier this week the U.S. Supreme Court handed down an important decision regarding the ability of police officers to take DNA cheek swabs of those arrested but not yet convicted…
Attorney J. Bradley Smith answering the question: “Should I talk to the police?” The Supreme Court handed down a major ruling last month in the Missouri v. McNeely case. The justices decided to reject the argument advocated by Missouri and the Obama administration that officers should never be required to…
Attorney J. Bradley Smith answering the question: “Should I talk to the police?” Late last month the Supreme Court handed down a major criminal ruling concerning the use of drug-sniffing dogs. The case, Florida v. Jardines, was a close one, 5-4, and backed up a lower court’s decision to declare…
Attorney J. Bradley Smith answering the question: “Can I be arrested without evidence against me?” The North Carolina Supreme Court issued an important ruling just last week making clear that those criminals sentenced to life in prison for murder, rape and other serious crimes during a period of the 1970s…