Civil Rights

What are the Most Common Claims that Stem from Police Misconduct?

Published on: November 18, 2015 | On behalf of Arnold & Smith, PLLC

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?”

It’s been two months since a North Carolina Judge declared a mistrial for the police officer who killed Jonathan Ferrell. After four days of debates, the jury was deadlocked, 7-5 on an initial vote and 8-4 on the succeeding three votes. And when Judge Robert C Ervin asked the jury foreman if further discussions would resolve the dead end, the response was no. Ervin then declared a mistrial.

Retired tennis player James Blake calling for more police accountability following false arrest

Published on: September 17, 2015 | On behalf of Arnold & Smith, PLLC

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?”

When the U.S. Open tennis tournament concluded last weekend in New York, one of the tournament’s major storylines had nothing to do anything that happened on a tennis court. Retired tennis player James Blake, once ranked No. 4 in the world, was leaning on a column in front of the Grand Hyatt hotel in New York when he was rushed by undercover police officer James Frascatore and forced to the ground.

10th anniversary of Hurricane Katrina brings new trial for officers convicted in Danziger Bridge shootings

Published on: September 3, 2015 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Attorney Brad Smith answers the question “If I simply intend to plead guilty, why do I need a lawyer?”

Saturday marked the tenth anniversary of Hurricane Katrina making landfall on the Gulf Coast. The breach of the levees protecting New Orleans resulted in 80 percent of the city submerged in floodwaters. Overall, the hurricane took the lives of over 1,800 people, many of whom lived in New Orleans.

Class action challenges alleged police quota system, non-PC criminal summonses

Published on: May 21, 2015 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?”

Five years after he was issued two criminal summonses by a New York City police officer for alleged trespassing and disorderly conduct, twenty-four-year-old Sharif L. Stinson is the lead plaintiff in a class action lawsuit against the City of New York alleging that police officers—under the pressure of a Police Department quota system—“have engaged in an illegal pattern and practice of issuing summonses,” according to the New York Times.

Civil suits against officers, municipalities, costing taxpayers millions, paper reports

Published on: May 12, 2015 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I ever plead guilty to a charge?”

While media reports of protests and rioting in Baltimore, Maryland and elsewhere have been inescapable in recent weeks for anyone who follows the news, the costs to taxpayers of violent encounters between police officers and the citizens they serve have been more elusive—tucked into files in state and federal courthouses or sealed behind nondisclosure agreements.

Security agency may have ability to make searchable transcript of all phone conversations

Published on: May 5, 2015 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I talk to the police?”

Nothing on the internet ever really goes away, conventional tech wisdom holds. A person types out an email and hits “Send,” and the words can never be taken back; and what’s more—even if the email is deleted, it can be retrieved.

Sheriff’s office defends reserve deputy who shot, killed fleeing suspect

Published on: April 14, 2015 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question “If I have an outstanding warrant, what should I do?”

The Tulsa Sheriff’s Office was aware as early as 2009 of issues involving a reserve officer’s behavior in the field and special treatment he received during training, according to the Daily Mail and CBS News.

Alleged broken taillight means death for North Charleston motorist

Published on: April 2, 2015 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question “If I have an outstanding warrant, what should I do?”

Saturday, April 4 seemed like a good day for a cookout. Walter Scott drove his friend Pierre Fulton to a local church to pick up some vegetables. The men dropped the vegetables off at Fulton’s house and then headed over to Scott’s, where the cookout was planned.

Cop who allegedly shot suspected drunken driver in back cleared of wrongdoing

Published on: March 31, 2015 | On behalf of Arnold & Smith, PLLC

Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “What am I obligated to do if I’ve been pulled for Drinking and Driving?”

Long before Ferguson police officer Darren Wilson shot Michael Brown, and long before New York City police restrained an alleged untaxed-cigarette seller named Eric Garner, killing him and sparking a wave of protests nationwide, a Texas campus police officer shot and killed a 23-year-old college student outside his campus apartment after pulling him over for suspected drunken driving in circumstances that had some calling for a murder charge against the officer.

Nonviolent felonies the real culprit in voter suppression

Published on: March 17, 2015 | On behalf of Arnold & Smith, PLLC

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 voters to produce valid, photo identification at polling places, while the other side contends that this requirement infringes upon the voting rights of citizens.