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?” The political world has been aflutter with outrage at Hillary Rodham Clinton’s use of a personal email account while employed as the Secretary…
Charlotte Criminal Lawyer Blog
Author says parents of teens need a criminal defense attorney on speed dial
J. Bradley Smith of Arnold & Smith, PLLC answers the question “Do I need to hire an attorney if I have been falsely accused?” If you are a parent and your child is a teenager, you need a criminal defense lawyer. So writes author Lisa Green in her new…
Conviction overturned because man’s fish were not “tangible objects”
J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?” Remember Enron? It seemed like such a big deal until all the malfeasance that (allegedly) caused 2009’s Great Recession came to light, causing the collapse and usurpation of thousands of…
Manslaughter charge for teen who encouraged friend to commit suicide
J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I ever plead guilty to a charge?” The criminal law, it is said, evolves as technology does, and criminal codes and doctrines grow to fit the new circumstances and technologies that criminals, would-be criminals and unknowing criminals…
Criminal traffic rules shaped by justices who have had little contact with traffic, courts
Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “What am I obligated to do if I’ve been pulled for Drinking and Driving?” The United States Supreme Court is comprised of nine judges whose legal educations began at either Harvard or…
Insanity, knowledge of right versus wrong tested in trial of American Sniper’s killer
Charlotte DWI Lawyer Brad Smith answers the question: What are the long term effects of being convicted of a crime? American Sniper Chris Kyle and friend Chad Littlefield were in an environment both men knew well when “troubled drug user” Eddie Ray Routh shot them dead. All three men…
In many cases, the “when” in a criminal case is still up to the Prosecutor
J. Bradley Smith of Arnold & Smith, PLLC answers the question “What is the difference between a misdemeanor and a felony?” A criminal defense attorney was recently admonished by a District Court judge for seeking to have a motion heard. “The District Attorney controls the docket,” the judge told…
Legislature wants extra jail time for any “nefarious drone enterprise”
J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I talk to the police?” Incidents involving drones are on the rise, and state legislatures are not waiting for the Federal Aviation Administration or the United States Congress to act on promulgating comprehensive civil and criminal rules…
State legislature reshaping criminal code in wake of legalized marijuana use
J. Bradley Smith of Arnold & Smith, PLLC answers the question “What is the difference between a misdemeanor and a felony?” The Washington State legislature is considering changes to the state’s criminal code that would dramatically alter the manner in which marijuana-related crimes are prosecuted in the state. Under…
Change in “equitable sharing” may mean less dubious seizures of “criminal” cash, property
J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?” Kenneth Lamont Clark runs a strip club and his patrons pay for their entertainment with cash. A lot of cash. So when deputies in Harnett County who were partnering with…