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…
Charlotte Criminal Lawyer Blog
Hookup Aps And Potential Criminal Charges Connected With HIV/STI Transmission
Charlotte Criminal Lawyer Brad Smith answers the question: “I was found not guilty of a charge, buy my record still shows the charge. What is going on?” Anyone who has been in the dating pool recently has likely noticed a change from years past. Where previously, you might have…
What you should know about the 1994 Crime Bill
Charlotte Criminal Lawyer Brad Smith answers the question: “When can I post on Social media about my ongoing case?” A hot topic the past week or so has concerned a bill signed into law more than two decades ago. The 1994 Crime Bill has become important of late given…
Accused ISIS Supporter Stuck in Stateside Honeypot Trap
Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?” A young man from Michigan is being accused of supporting the Islamic State by federal prosecutors after becoming involved in a so-called “honeypot trap.” Khalil Abu Rayyan, 21,…
Can the Spousal Privilege Protect Former Teacher Who Married Student Before Trial?
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 38-year-old former high school teacher being prosecuted for sexual contact with a student is being slammed by the district attorney on his case for…
Court Declares Anti-Gang Legislation Unconstitutional
Charlotte Criminal Lawyer Brad Smith answers the question: “Should I clean up my social media profile after being charged?” Lawmakers frequently look for new ways to appear tough on crime. In Tennessee, one popular approach was to target gang members with enhanced criminal sentencing guidelines. Though the law was…
Girlfriend’s Verbal Taunting, Other Boyfriend Don’t Justify “Heat of Passion” Defense
Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?” A North Carolina state appellate court released a ruling this [week] refusing to accept the defendant’s claims that he was provoked into killing his girlfriend because he was…
Trump’s Campaign Manager and The Case For Assault
Charlotte Criminal Lawyer Brad Smith answers the question: “As a parent, what should I be aware of when speaking to police about charges my child faces?” We recently discussed the potential case to be made against Donald Trump related to an incident in North Carolina that left a protestor…
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…
“Pot Breathalyzer” Looming Imminent in Clinical Trials
Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “Are breath test results always accurate?” Since the gradual decriminalization and legalization of marijuana state-by-state in recent years, many say it was only a matter of time. Companies are battling it out…