Civil Rights

When Prosecutors Become Persecutors

Published on: November 10, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”

A recent article in Bloomberg discusses the danger that comes when prosecutors become persecutors. Though everyone agrees it is important to obey the law, some prosecutors take the power to enforce our many laws and run wild with it. Interpreting often vague legislation broadly can give the government sweeping power to target nearly anyone it disagrees with. It’s for this reason that prosecutors are called to exercise restraint and use their extensive power only when absolutely necessary.

Riot Charges Dropped for 1 Dakota Pipeline Journalist; Other Still Faces 45 Years in Prison

Published on: October 27, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”

The term “riot” is a sensitive one in many cities across the nation these days, including in the Queen City. Charlotte-Mecklenburg Police arrested at least 72 people over the six (6) days of protests and riots that occurred after the police shooting of Keith Lamont Scott last month.

“You Have the Right to an Attorney”—Unless Prosecutors Insist You’re Unconscious?

Published on: October 25, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?”

The man suspected of planting the bombs on the Jersey Shore and in Manhattan last month is being represented by attorneys for the American Civil Liberties Union (ACLU) after being denied access to a federal public defender.

Judge Rules for First Time that Feds Can’t Use Your Cell Phone as a Tracking Device Without Warrant

Published on: September 29, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”

In what is reported as the first federal ruling of its kind, a federal judge in New York ruled this August that the government cannot use a fake cell tower known as a stingray to locate a drug suspect in his apartment. A stingray simulates a cell phone tower in order to determine a mobile phone’s physical location; the device acts to intercept data from a targeted phone and other information from other phones that are within its vicinity.

Charlotte Police Release Footage of Shooting

Published on: September 28, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?”

Charlotte has been gripped by protests in the days following the deadly shooting of Keith Lamont Scott. Scott was killed by police officers who said he was using marijuana and carrying a gun that he refused to drop. In the days after the shooting, protesters urged the police to release video footage of the encounter, including dashboard and body camera video recordings. The hope is that the footage would shed light on the deadly incident and determine whether or not the officers were justified in their actions.

Criminal Disenfranchisement and Voting Rights: 2 Steps Forward, 3 Back

Published on: September 22, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question:”A past conviction is keeping me from finding work. What can I do?”

Virginia’s Supreme Court ruled this July that its governor’s decision to restore voting rights to over 200,000 felons violates the state’s constitution. The court ruled 4 to 3 that Gov. Terry McAuliffe overstepped his executive powers when he issued an en-masse order in April that restored voting rights to all of the state’s ex-offenders who are no longer incarcerated, on probation, or on parole.

New “Blue Lives Matter” Law Taken For A Spin in Louisiana

Published on: September 15, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?”

There’s been a recent push by legislatures in some states to pass what are known as “Blue Lives Matter” laws. This broad category refers to measures intended to stiffen penalties faced by offenders who perpetrate crimes against police officers. Supporters say the laws are necessary to send the message that police officers are worthy of respect and deserve special protection. Critics argue these laws are unnecessary, as violence against police officers is already punished and, in many cases, serves as an aggravating factor when weighing punishment for various crimes.

A Dank Car Alone Does Not Authorize Police to Search Your Person, Says NC Appeals Court

Published on: September 8, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”

It has long been the case that police can claim they smell marijuana in order to gain the probable cause needed to search your person, vehicle or other personal property you have with you in states where the substance is still illegal.

China Gives Plea Bargaining A Try

Published on: September 6, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?”

Anyone who’s even remotely familiar with the criminal justice system or, for that matter, television shows revolving around the criminal justice system, has likely heard of plea-bargaining. Plea bargains are deals reached between defendants and prosecutors, which allow both sides to avoid the uncertainty of trial. Though plea bargains are incredibly common in the United States, they aren’t so common everywhere. Up until now, China’s criminal justice system has never allowed the use of a plea bargain, something that’s poised to change as of September 4^th. To learn more about the recent changes in Chinese criminal law, keep reading.

Evidence from an Illegal Stop Can Still Be Used Against You, Says Supreme Court

Published on: August 25, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “If I have an outstanding warrant, what should I do?”

We previously covered the recent United States Supreme Court ruling in Birchfield v. North Dakota that addressed the legality of blood tests performed on individuals pulled over under suspicion of driving while impaired. While that decision wasn’t exactly a home run in terms of defendant rights, it was far and away a more solid win than the Court’s decision three (3) days prior in Utah v. Strieff.