Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?” A fundamental part of the United States court systems is the right for the accused to have a trial by a jury of their peers. However, included in this right is the inherent…
Articles Posted in Court of Appeals
What Happens When Officers Lose Reasonable Suspicion at a Traffic Stop?
Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?” In most instances, police officers are required to have reasonable suspicion when they conduct a traffic stop. Speeding, swerving in and out of lanes, using a phone while driving, or other traffic…
North Carolina Court Rules Further on Drug ID
Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?” Criminal charges and the subsequent trial that follow can raise legal questions for North Carolina courts. There are always new issues that arise and new considerations to be taken…
North Carolina Appeals Court Rules on the Use of Defensive Force in the Home
Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?” In 2011, the North Carolina General Assembly updated the law governing the use of defensive force in the home. Since then, there has been a need for clarification of…
Recent “Ineffective Assistance of Counsel” Ruling Provides Defense-Friendly Look at Confession Suppression
J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I ever plead guilty to a charge?” An exciting new ruling came out of the federal Fourth Circuit Court of Appeals this February. This is the federal court that has jurisdiction over North Carolina, and it held…
N.C. Supreme Court upholds social networking ban for sex offenders
J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?” In 2008, the North Carolina General Assembly passed a law making it a criminal offense for anyone previously convicted of a sexual offense to access a commercial social networking site…
Court Tackles Implied Consent Law
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 Minnesota Court of Appeals recently issued a long-awaited opinion concerning the constitutionality of the state’s implied consent law. The Appeals Court affirmed…
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…
Question we should be asking on death penalty is “Are we doing this or not?”
Charlotte DWI Lawyer Brad Smith answers the question: What are the long term effects of being convicted of a crime? North Carolina’s death row houses 152 inmates awaiting execution. The state has not executed an inmate since 2006. A series of lawsuits brought by death-row inmates in 2007 led…