J. Bradley Smith of Arnold & Smith, PLLC answers the question “If I have an outstanding warrant, what should I do?” The “Hands up, don’t shoot!” moniker is all the rage in the United States, with prominent professional athletes in the National Basketball Association and National Football League, as…
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“Wings on pigs” post protected by First Amendment, says legal expert
J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I talk to the police?” Americans are well informed of the facts—and the rhetoric—surrounding the high-profile police killings of Michael Brown in Ferguson, Missouri and Eric Garner in New York City this past summer. Most are just…
Jury convicts man who pled “stand your ground” defense
J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?” A 30-year-old Montana man has been convicted of deliberate homicide in the April 27, 2014 shooting death of a German foreign-exchange student. The man, Markus Kaarma of Missoula, Montana, found…
Notes of caution sounded on across-the-board police body-camera use
J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?” The move is on—in the wake of riots and protests over police shooting and choking deaths of two unarmed men in Ferguson, Missouri and New York City—to equip police officers…
Free-speech guardians worry man’s conviction may lead to criminalization of rap music
J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?” The Supreme Court entertained arguments this week in a case that could lead to the criminalization of some rap lyrics. The case involves a 31-year old “aspiring rapper who likes…
Researchers say the propensity to commit crimes may be down to a person’s genes
J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?” Researchers in Stockholm, Sweden have published findings that appear to show a link between two genetic mutations and a propensity to commit violent criminal acts. The researchers studied the DNA…
N.C. voters pass Constitutional amendment allowing defendants to waive jury trials
J. Bradley Smith of Arnold & Smith, PLLC answers the question “What is the difference between a misdemeanor and a felony?” Like other criminal defense attorneys, I would almost never recommend that a defendant waive one’s right to a jury trial. Until last week, defendants in North Carolina could…
Media outlets move to unseal records of cellphone, wireless-device surveillance
J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?” Two Mecklenburg County Superior Court judges have indicated that they may be willing to unseal court records detailing how law-enforcement officers have used secret surveillance of cellphones and other wireless…
Trend sees elected officials picking and choosing the laws they will enforce
J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?” Bill Stevenson became the latest North Carolina magistrate to resign his post in the wake of court rulings that paved the way for same-sex marriages to being in the Tar…
Businesses face civil and criminal penalties for refusing same-sex business
Charlotte DWI Lawyer Brad Smith answers the question: What are the long term effects of being convicted of a crime? Officials in a northern Idaho city have threatened two citizens with arrest, fines and imprisonment after the citizens “politely declined” a same-sex couple’s request to be married at their…