Court Procedures

Jury Secrecy Might Not Be Guaranteed After all

Published on: March 8, 2017 | On behalf of Arnold & Smith, PLLC

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

Lots of juicy television police procedurals spend time showing what goes on during jury deliberations. The deliberations often make for good television because of the interest people have in what goes on behind the scenes, a space usually out of view to most people. It’s fun to imagine what real jurors have to say to one another, something that in the real world, criminal defendants don’t have the luxury of knowing. The reason for the interest is that in almost all cases, a jury’s deliberations are meant to be secret.

Court Seeks to Limit Use of Solitary Confinement

Published on: February 15, 2017 | 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?”

For many people, what goes on inside the walls of a prison isn’t the focus of much attention. Most seem content to embrace the idea that what’s out of sight should be kept out of mind. Unfortunately, this tendency to ignore sometimes-difficult issues allows the issues to continue to cause harm.

Alaska Tries New Approach To Reduce Prison Population

Published on: January 31, 2017 | On behalf of Arnold & Smith, PLLC

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

States across the country are wrestling with finding ways to deal with increasingly large prison populations. People on both side of the issue acknowledge that as the population of people incarcerated continues to swell it presents a multitude of challenges, some budgetary, some logistical, others societal. One approach advocated by many is to try and reverse the trend by reducing criminal penalties for a range of mainly low-level offenses. By reducing the number of crimes that result in time behind bars, you not only save money, but also hopefully address underlying issues through treatment and reduce recidivism.

N.C. Judge Convicted of Bribing a Public Official With Bud Light

Published on: November 3, 2016 | On behalf of Arnold & Smith, PLLC

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

When Judge Arnold O. Jones II asked a Wayne County Sheriff’s Deputy to dig around in Jones’ wife’s text message records between her and another man, the deputy didn’t tell him no. The deputy didn’t tell him he would need a warrant for accessing such information. And the deputy definitely didn’t tell Jones that he also worked as a member of an FBI gang task force.

Understanding No Contest and Alford Pleas

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

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

Everyone knows that you have the right to plead “not guilty” to criminal charges filed against you. Meanwhile, “guilty” pleas are usually used when a person is taking a plea bargain in exchange for a reduction in charges or sentencing from the prosecution.

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.

California Lawmakers Move To Close Criminal Loophole

Published on: September 1, 2016 | 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?”

Everyone has likely heard of the Stanford sexual assault case by now, the one involving Brock Turner, the former college athlete who was convicted of sexually assaulting an unconscious woman in a parking lot on campus. That case, and the lenient sentence that resulted, caused a media firestorm. The victim chose to publicly release her impact statement, leading to an outpouring from millions around the world, including the Vice President.

U.S. Supreme Court Issues Decision In Race-Based Jury Selection Case

Published on: May 26, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Am I allowed to videotape an interaction with police? Can they make me stop filming?”

An important decision in a Georgia death penalty case was finally revealed after the Supreme Court spent more than seven months debating the matter. The High Court issued a 7-1 verdict reversing lower courts that had denied a death-row prisoner’s appeals based on racial bias. Though the man was not freed, the ruling does dramatically increase his chance at receiving a new, and hopefully fairer, trial.

Murder Victim’s Wife Receives Husband’s Gruesome Autopsy Photos in Mail

Published on: May 24, 2016 | On behalf of Arnold & Smith, PLLC

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

If you’ve already been convicted of a crime but are sitting in jail awaiting sentencing, criminal defense lawyers will normally advise you to stay on your best behavior. The lag time between conviction and sentencing leaves any jailhouse behavior subject to the sentencing judge’s scrutiny.

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

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

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 is one of growing national debate. However, citizen, beware when it comes to spreading the word or even talking about practicing jury nullification anywhere near a courthouse. Courts vary in hostility towards the topic and doing so can have damaging consequences to the particular case and person. Where allowed, jury nullification allows a juror to vote Not Guilty according to conscience if they think there is enough evidence to convict a defendant but think that the sentence is in some way unfair or disproportionate, such as if: