Criminal Defense

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.

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.

Can you go to jail for environmental crimes?

Published on: October 4, 2016 | On behalf of Arnold & Smith, PLLC

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

The Chief Prosecutor of the International Criminal Court (ICC) recently announced that people responsible for serious environmental crimes could be prosecuted by the court. The announcement represents a shift for the ICC, which has long focused on prosecuting warlords and tyrants for crimes committed against humanity.

North Carolina Man Charged In False Clown Sighting Incident

Published on: September 20, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “What should parents tell their children to do when interacting with police officers?”

If you’ve been following the news closely you’ve likely seen articles about a recent rash of clown sightings. The stories have popped up everywhere, in North Carolina, Minnesota, Wisconsin, Ohio and many other places, including some international sightings. Though little has been reported in the way of harm, the reports of clowns roaming around late at night has been enough to unsettle many people, assuming that there must be a sinister motivation.

New “Blue Lives Matter” Law Taken For A Spin in Louisiana

Published on: September 15, 2016 | On behalf of Arnold & Smith, PLLC

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

There’s been a recent push by legislatures in some states to pass what are known as “Blue Lives Matter” laws. This broad category refers to measures intended to stiffen penalties faced by offenders who perpetrate crimes against police officers. Supporters say the laws are necessary to send the message that police officers are worthy of respect and deserve special protection. Critics argue these laws are unnecessary, as violence against police officers is already punished and, in many cases, serves as an aggravating factor when weighing punishment for various crimes.