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Articles Posted in Criminal law

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2016 Marks 50th Anniversary of Miranda v. Arizona

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…

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Group Calls For Changes Concerning Eyewitness Identification

Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “If I simply intend to plead guilty, why do I need a lawyer?”   It’s often the most dramatic scene in any legal TV show or movie: the moment when the witness on…

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How Serious Is The Sixth Amendment?

Charlotte DWI Lawyer Brad Smith answers : I was found not guilty of a charge, but my record still shows the charge   Today marks the start of the Supreme Court’s new term. Last year was a remarkable year, with important decisions touching on issues such as healthcare, gay marriage…

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Use of criminal law to address societal problems leads to over-criminalization

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I ever plead guilty to a charge?”   The passage of the Controlled Substances Act by the United States Congress in 1970 represented perhaps the largest single legislative effort to address societal problems by use of the criminal…

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Legislator moves to criminalize sex “procured by fraud,” jail offenders for 20 years

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I talk to the police?”   A man after a woman’s heart may be prone to a bit of puffery, but legislators in New Jersey want to criminalize that puffery when it rises to the level of deception.…

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Life imitates art in Big Lebowski-esque wrong-car smashup

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?”   A twenty-two-year old Florida man brought a scene from Joel and Ethan Cohen’s 1998 feature film The Big Lebowski to life last week…

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Brain research on the cutting edge of criminal-law developments

Charlotte DWI Lawyer Brad Smith answers the question: What are the long term effects of being convicted of a crime?   People far older and wiser than me have told me a person can stay young at heart if one never allows oneself to lose the kind of childlike fascination…

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Nonviolent felonies the real culprit in voter suppression

Charlotte DWI Lawyer Brad Smith answers the question: What are the long term effects of being convicted of a crime?   The political battle over voting rights in North Carolina has focused in recent years on the issue of photo identification. One side of the political battle wants to require…

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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…

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New hacking legislation could make criminals of us all, say insiders

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?”   Tech industry insiders are guffawing at new cybersecurity initiatives unveiled by the Obama administration. According to insiders familiar with the proposals, new cybersecurity-targeted criminal laws will make criminals of us…

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