Criminal Defense

Opinion-Based Police Testimony in Criminal Cases

Published on: June 12, 2019 | On behalf of Arnold & Smith, PLLC

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

Police are an integral part of society; they keep the peace, catch criminals, and put their lives at risk to keep the general population safe. Since the police play such a large role in solving crimes and convicting criminals, it is not surprising that police officers are often called to testify during court proceedings. An issue arises with police testimony, however, when the officer testifying was not involved with the incident at all. Instead, that officer is offering an opinion, based off of his or her police experience, as to what happened or would have happened. This practice is controversial because someone without actual knowledge, or only investigative knowledge, of the incident is offering testimony that could sway a jury.

Chalking Vehicle Tires is a Fourth Amendment Search

Published on: May 1, 2019 | On behalf of Arnold & Smith, PLLC

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

The Court of Appeals for the Sixth Circuit recently ruled on a case challenging parking enforcement practices of putting chalk on a vehicle’s tire so that they can keep track of how long a vehicle has been parked in one spot. The court found that marking the tires was a search under the Fourth Amendment to the United States Constitution. This case started in Saginaw, Michigan.

Will ‘Aunt Becky’ Go to Jail?

Published on: April 24, 2019 | On behalf of Arnold & Smith, PLLC

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

You have probably heard about “Operation Varsity Blues,” the college admissions scandal that is rocking the nation. Evidence of parents cheating, lying, and bribing their children’s ways into top-level schools around the country has taken the news cycle by storm. The public’s interest in the scandal lies partly with who stands accused of these criminal acts. There are many notable celebrities wrapped up in the scandal. One such celebrity is Lori Loughlin, who played the loveable Aunt Becky in the popular sitcom Full House.

Evidence Used in North Carolina Self Defense Cases

Published on: February 20, 2019 | On behalf of Arnold & Smith, PLLC

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

When facing criminal assault, battery, or any other type of charges, defendants often claim self defense. When claiming self defense, a defendant is stating that the party claiming to be the victim was actually the aggressor or initiated the conflict that resulted in the need for defense of person, family, or home. In order to prove this, evidence needs to be presented that shows the victim was the one who initiated the conflict. In State v. Bass, the North Carolina Supreme Court stipulated types of evidence that are not permissible in self defense cases to prove provocation.

The Criminal Court Process in North Carolina

Published on: January 16, 2019 | On behalf of Arnold & Smith, PLLC

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

The criminal court process can be difficult to understand. If you have never been charged with a crime, or even if you have, it can be difficult to determine what the next step should be. However, if you are facing a criminal charge in North Carolina, it is important to know what to expect and the steps that will occur throughout the case. There are two types of criminal charges in North Carolina — misdemeanor and felony charges. Each charge has a different process through the North Carolina criminal court system.

The Importance of Proper Jury Instructions

Published on: December 19, 2018 | On behalf of Arnold & Smith, PLLC

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

A fundamental part of the United States court systems is the right for the accused to have a trial by a jury of their peers. However, included in this right is the inherent idea that those serving on a jury need to be provided with the proper instructions and legal theories in order to make a well informed decision about whether a defendant is guilty or not. In order to reach this decision, proper instructions need to be given. What happens if incorrect instructions are given? The North Carolina Court of Appeals recently ruled on this issue.

Should I Take a Plea Bargain?

Published on: November 7, 2018 | On behalf of Arnold & Smith, PLLC

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

Being charged with a crime can be overwhelming. Suddenly, you are thrust into the court system and worried that you will be found guilty and face serious penalties for an action you may or may not have taken. Your criminal defense attorneys has the goal of achieving the best possible results for you under the circumstances. Most people assume that the only possible outcome for their case is the judge or jury finding them guilty or not guilty. While these are certainly two possible outcomes in criminal court, there are others. Criminal defendants in North Carolina are sometimes offered a plea bargain.

Court of Appeals Rules on Race and Voluntary Consent of Searches

Published on: October 31, 2018 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?”

Throughout the country, we often hear a lot of debate about an individual, or his or her property, being subjected to search by law enforcement. The Fourth Amendment of the constitution gives us the right to be free of unreasonable searches and seizures. While there are many cases and court opinions that detail when law enforcement is able to search an individual, or his or her property, we often forget that an individual is able to voluntarily consent to a search. With voluntary consent to search comes a whole host of questions. Can a voluntary search be inferred? Are there particular factors that indicate a person has consented to a search? In the recent case of State v. Bartlett, the North Carolina Court of Appeals found that an individual’s race may be a factor in deciding whether or not a person has voluntarily consented to a search.

Things to Consider When Hiring a Criminal Defense Attorney

Published on: October 10, 2018 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Do I need to hire an attorney if I have been falsely accused?”

If you are considering hiring a criminal defense attorney, you are likely in a stressful and trying time in your life. Criminal charges can be confusing and likely carry drastic, life-altering consequences if the defendant is found guilty. As such, it is imperative to hire a criminal defense attorney with the experience and knowledge to provide the best defense possible given the circumstances of the particular case. When hiring an attorney to represent you, you need to use careful consideration to choose the best attorney for your situation. Therefore, there are things that should always be considered in hiring a criminal defense attorney.

The Statute of Limitations for North Carolina Criminal Charges

Published on: October 3, 2018 | 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 watch a television drama that follows the story of a crime and its prosecution, it seems like a quick process. A crime is committed, suspects are identified, a suspect is charged, the court hears the case, and an outcome is decided. Reality is not like television. Sometimes it takes days, months, or even years to determine who committed a crime. Is there a time limit for bringing about a charge on a suspect? Or can charges be brought anytime after the crime was committed and a suspect was found? The answer to those questions vary from state to state, but in North Carolina it depends on whether the crime was a misdemeanor or a felony.