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Articles Posted in First Amendment

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Can You be Arrested and Charged With a Crime for Protesting in North Carolina?

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”   Several cities in North Carolina enacted a curfew in response to protests over the killing of George Floyd. In Charlotte, 30 people were arrested during the second night of protests, according to WBTV.…

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Does Flipping A Bird Count As Free Speech?

Board Certified Family Law Specialist Matt Arnold answers the question: “How is social media evidence used in divorce proceedings?”   When we think of arguments involving the First Amendment and free speech, we often conjure up images of brave people taking stands on important topics. There are a number of…

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Confusion exists surrounding legality of recording police officers

Charlotte Criminal Lawyer Brad Smith answers the question: “Am I allowed to videotape an interaction with police? Can they make me stop filming?”   A recent incident in Wilmington highlighted an area of legal uncertainty. The case involved an Uber-driving criminal defense attorney, a smartphone and an irritated police officer.…

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Sex Offenders and Social Networks

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?”   The U.S. Supreme Court has agreed to hear North Carolina’s law that bans registered sex offenders from using or even accessing any social media that allows those under 18 to post, which includes…

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Does a Juror Have the Right to Acquit No Matter the Evidence?

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Do I need to hire an attorney if I have been falsely accused?”   Juries play an incredibly important role in our criminal justice system in determining the guilt or innocence of the accused. The topic of jury nullification…

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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…

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Massachusetts teen charged after pressuring boyfriend to take his life

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?”   A Massachusetts teenager has been charged with involuntary manslaughter after evidence was discovered that the girl sent text messages to her boyfriend encouraging…

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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…

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