Criminal Defense

Facebook Torture Video Leads To Calls For Hate Crime Charges

Published on: January 10, 2017 | 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?”

The news became a national sensation almost immediately after it happened. A group of four black young people in Chicago attacked a mentally-challenged white teenager, tied him up with tape and proceeded to torture him while hurling racial epithets. The group also yelled derogatory things about President Elect Trump. Making matters even more heinous, the group broadcast the video, streaming it live on their Facebook feed.

Death Penalty on the Decline

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

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

Though there’s been surprisingly little coverage, experts say that this year appears to serve as yet more proof that American’s interest in using the death penalty as an instrument of criminal punishment may be in decline. There’s been no specific legal or legislative reason for the shift, but those who follow the issue closely say it’s clear society has begun to change, slowly at first and now more quickly, leading to a potentially important evolution in the criminal justice system.

Is there such a thing as interstellar criminal law?

Published on: December 20, 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?”

Here in the U.S. we’re used to applying multiple levels of criminal laws. There are local ordinances, state laws and federal statutes and someone’s behavior can, at times, implicate all three. Though it’s fairly new, an emerging area of interest is international law and the punishments that can occur when crimes are committed by someone abroad. Taking things one step further, what happens if a crime is committed in space? A recent article in the Washington City Paper explored this unusual question.

Could “Faithless Electors” Face Criminal Penalties?

Published on: December 15, 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?”

In the divided political world of 2016, it’s something that conspiracy theorists love to discuss. What impact could a group of “faithless electors” have on the election results? Though individuals chosen to vote in the Electoral College have previously switched sides, at no time was it more controversial than it is today. Already, at least 9 people have come forward to identify themselves as being interested in voting contrary to the way in which their state’s popular vote outcome. These people have said they intend to vote for a consensus Republican candidate instead of Donald Trump, saying they cannot in good conscience vote for the man. Though political nerds love to discuss the potential mayhem this could cause in Washington, legal experts focus instead on the potential criminal implications should such faithless electors emerge.

Double Jeopardy: Feds and State Can Still Both Charge You for Same Conduct

Published on: December 13, 2016 | On behalf of Arnold & Smith, PLLC

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

When the Utah jury acquitted a man named Roberto Román of first-degree murder of an officer of the peace, Román and his attorney breathed sighs of relief.

New York Governor Signs Law Criminalizing Use of Ticket-Buying Bots

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

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

If you’ve ever tried to buy tickets to a concert or other popular live event you understand the frustration felt by many. It can be downright impossible to get tickets to especially hot performances and the reason seldom has to do with other fans. Instead, automated ticketing purchasing software, known as “bots”, frequently scoop up huge numbers of tickets before few if any real people get the chance to buy. This leads to dramatically inflated prices with the bots reselling these tickets on the secondary market. It’s a deal that’s bad for fans and also bad for venues and the artists who aren’t getting the benefit of the higher prices being charged on the secondary market. Everyone, except the bots, lose.

Are law enforcement officials collecting pictures of your face?

Published on: November 29, 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?”

Most people assume that if they’ve never been arrested and charged with a crime, there’s no way their personal information would be inside a criminal database. After all, as the name implies, criminal databases collect information about and concerning crimes and criminals, not ordinary citizens. Though it’s certainly understandable why you might assume that, you’d be wrong. As reported in a recent piece by NPR, law enforcement agencies across the country have amassed a collection of images of 50 percent of Americans’ faces. How did they get them and what are they doing with them? To find out, keep reading.

Involuntary Commitment Does Not Trigger Miranda, Court Rules

Published on: November 24, 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?”

To many people, involuntary commitment in a psychiatric facility seems like the equivalent of jail when it comes to restricting your freedoms; for some, it could be considered even worse. However, the majority of the N.C. Court of Appeals feels differently, with a divided panel recently ruling that a man who was involuntarily committed after he tried to kill himself was not in custody for Miranda warning purposes.

Jury Awards $150,000 to SC Man in Wrongful Prosecution/Stand-Your-Ground Case

Published on: November 17, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “The person that called the police doesn’t want to press charges, can I still be prosecuted?”

In a lawsuit for malicious prosecution, a York County jury has awarded a $150,000 verdict to a Rock Hill-area man for the county Sheriff’s Office 2012 arrest of the man in a Stand-Your-Ground case in which he argued he should never have been charged.

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.