Court Procedures

Should Tech Companies Share Information With Defendants As Well As With Prosecutors?

Published on: January 24, 2018 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “When can I post on Social media about my ongoing case?”

It likely comes as no surprise to most people that the things they post online, particularly on the big social media sites, are seldom kept private for long. As users become savvier, they have learned that details once put on the internet seldom disappear. People may also understand that the tech companies behind these popular social media sites cooperate with prosecutors in criminal cases and will even share information with the government, provided they receive a valid court order or search warrant. What many may not understand is that the digital details shared with prosecutors are not similarly available to defense attorneys, leading to an often-troubling disparity in information.

Private Warrants

Published on: November 15, 2017 | On behalf of Arnold & Smith, PLLC

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

One of the many new changes going into effect on December 1, 2017, involves North Carolina’s private warrant system. The subject seldom gets much attention, but because of the important consequence it can have, deserves some explanation. To learn more about what private warrants are, how they operate in North Carolina, and what is set to change as of December 1st, keep reading.

Major Push Underway To Reform Bail System

Published on: September 13, 2017 | On behalf of Arnold & Smith, PLLC

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

To the surprise of many who once thought it impossible, there appears to be growing pressure across the country to make changes to the current bail system in place in most jurisdictions. Recent reform efforts have succeeded in a handful of states, while efforts are underway in many others to push for change. Chief among them, legislators in California have started the process of addressing the broken bail system and a change in a state as large as California could quickly send ripple effects across the country.

Congressman Ordered To Take Mugshot

Published on: August 23, 2017 | On behalf of Arnold & Smith, PLLC

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

The mugshot is something that an average person would immediately associate with a brush with the law. The assumption is that anyone and everyone who is arrested or convicted of a crime must have been booked and had his or her mugshot taken. While that is true in many cases, it is not the case all the time. A recent high-profile case dealt with exactly this issue and ended with the defendant being ordered by a judge to report to have his mugshot taken.

Delayed discovery can delay justice in criminal cases

Published on: August 9, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question:”What is an expungement?”

Most people do not spend time worrying about things like the discovery process. It is legalistic and confusing to those not familiar with the criminal justice system. Though it can be complicated, it is incredibly important and worth understanding. Discovery is meant to shed light on evidence, creating transparency in a justice system that can, at times, be troublingly opaque. As a recent article in the New York Times demonstrates, the discovery process can sometimes go wrong and, when it does, it can have serious consequences.

Does appearance impact criminal sentencing?

Published on: June 28, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”

A commonly repeated trope of the criminal justice system is that lady justice is blind. We say this because we hope that all are treated fairly before the law. The hope is that only evidence, cold hard facts, play a role in determining guilt or innocence, not a person’s money, family, background, race, or looks. Though there are reasons to doubt how true this is in practice, especially in years past, it’s been an ideal worth striving for. A recent study appears to indicate that there is plenty of room left to strive, concluding that a person’s physical appearance can have an impact on criminal sentencing.

What is a mistrial?

Published on: June 21, 2017 | On behalf of Arnold & Smith, PLLC

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

It’s been more than 10 years in the making, but the criminal case revolving around Bill Cosby came to the end, rather quietly, over the weekend. Though people have speculated for some time that Cosby had behaved inappropriately if not outright criminally with many dozens of women over the decades, it wasn’t clear whether any prosecutor would be able to make charges stick, especially so many years after the incidents were alleged to have occurred. One in Norristown, Pennsylvania tried and ultimately failed to convince a jury that Cosby was guilty of aggravated indecent assault.

What is obstruction of justice?

Published on: June 14, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”

After former FBI director James Comey’s recent testimony before Congress, the media has been awash in conversation about obstruction of justice. The question on many minds is whether Comey’s testimony made a sufficiently compelling case for obstruction of justice charges, something that could land President Trump in serious legal hot water. But what is obstruction of justice and what might happen in this case even if it is found to have occurred? To find out, keep reading.

What does it mean to plead the Fifth?

Published on: May 24, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”

You’ve heard it a million times before, someone who may be in a bit of hot water says they’re going to “plead the Fifth”. It’s happened most recently with President Trump’s former National Security Adviser Michael Flynn. The Senate Intelligence Committee asked him to come and testify about issues relating to his connections with Russia and it was just revealed that Flynn will be pleading the Fifth, refusing to testify to the Committee or turn over any documents related to the issue. So what exactly does it mean to plead the Fifth and how does it work? To learn more, keep reading.

Plea Bargaining and Criminal Law

Published on: May 3, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question:”What is an expungement?”

https://www.youtube.com/watch?v=wRNgcf2GsDY

When most people think of the criminal justice system, they likely imagine something similar to an episode of Law & Order. Police officers testifying, prosecutors and defense attorneys arguing, judges slamming gavels and jurors listening in rapt attention. According to experts, while this may be the way things happen on television, it is most assuredly not typical in the real world. An overwhelming majority of cases are resolved through plea bargaining, something that few people fully understand despite the important impact it has on our criminal justice system.