Criminal Defense

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.

Riot Charges Dropped for 1 Dakota Pipeline Journalist; Other Still Faces 45 Years in Prison

Published on: October 27, 2016 | On behalf of Arnold & Smith, PLLC

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

The term “riot” is a sensitive one in many cities across the nation these days, including in the Queen City. Charlotte-Mecklenburg Police arrested at least 72 people over the six (6) days of protests and riots that occurred after the police shooting of Keith Lamont Scott last month.

Could Trump Throw Hillary In Jail?

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

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

For those following the 2016 election, it’s been a very interesting past year or so, to say the least. No one could have predicted many of the headline-grabbing events that have occurred, including the most recent involving the release of a tape where Donald Trump made lewd comments regarding women. In an attempt to change the national conversation, Trump made a rather dramatic pronouncement at this weekend’s second presidential debate. According to Trump, if he wins in November, he will launch a criminal investigation of Hillary Clinton and her use of a private server while serving as Secretary of State. Though some cheered while others were left aghast, many more wondered whether such a thing is even possible. To find out more, keep reading.

New DWI Deadlines: One May Help Defendants, the Other Helps…Court Scheduling?

Published on: October 11, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “What steps should I be taking outside legal guidance to help my DWI case?”

Two (2) new deadlines for DWI trials in North Carolina took effect at the beginning of this month, and it’s a mixed bag for defendants.