J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?” In general, a person’s privacy rights extend as is “reasonable.” Persons do not, for instance, have a reasonable expectation of privacy when they walk on a public street. They may…
J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?” In a meeting last month, the Santa Clara County, California supervisors voted 4 to 1 to authorize the expenditure of $500,000 on a product they had never seen. They did…
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…
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…
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…
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…
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…
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…
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…
Charlotte DWI Lawyer Brad Smith answers the question: What are the long term effects of being convicted of a crime? Former Charlotte mayor Patrick Cannon found himself back in federal court in Charlotte last Thursday, where he faced the same federal district court judge who sentenced him to 44…