Criminal Defense

Trump’s Campaign Manager and The Case For Assault

Published on: April 7, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “As a parent, what should I be aware of when speaking to police about charges my child faces?”

We recently discussed the potential case to be made against Donald Trump related to an incident in North Carolina that left a protestor at one of his rallies injured. Trump’s campaign must now contend with more than just theoretical criminal charges, as his campaign manager, Corey Lewandowski, has now been arrested in connection with the alleged battery of a reporter.

Did Donald Trump Incite A Riot In North Carolina?

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

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I talk to the police?”

Though Donald Trump has had no shortage of press attention over the past few months, a special frenzy has begun recently over claims that the Republican presidential candidate is inciting violence against protesters, using fiery rhetoric to agitate his loyal supporters. One of several examples critics point to is what happened at a rally in Fayetteville, North Carolina, when a 78-year-old attendee sucker punched a young protester in the face.

Jeepers Cheepers: Does Timmy Really Need That Easter Chick?

Published on: March 22, 2016 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question “What is the difference between a misdemeanor and a felony?”

An Arizona-based media company recently posted a video in the run up to Easter this year as a not-so-subtle reminder of the toll this holiday often takes on the animal kingdom. The video shows cratefuls of fluffy chicks cheeping madly as they are dunked repeatedly in colorful dye and roughly tossed like a salad. The now-viral video, filmed in an unknown part of the world, has sparked international outrage about animal cruelty.

New York Attempts (Yet Again) To Raise The Age Of Criminal Responsibility

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

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I talk to the police?”

Andrew Cuomo, the Governor of New York, has yet again put forward a plan that would require the state’s family court system (those responsible for handling juvenile crime) to raise its age of jurisdiction from 16 to 18. Sadly, many believe that the proposal to increase the age of criminal responsibility will fail yet again. If so, it will mean that New York and North Carolina continue to be the only two states in the country where offenders under the age of 18 can be tried as an adult and, if convicted, locked up in adult prisons.

Recent “Ineffective Assistance of Counsel” Ruling Provides Defense-Friendly Look at Confession Suppression

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

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I ever plead guilty to a charge?”

An exciting new ruling came out of the federal Fourth Circuit Court of Appeals this February. This is the federal court that has jurisdiction over North Carolina, and it held that a state court was objectively unreasonable in not finding that a defendant’s trial attorney provided Ineffective Assistance of Counsel when the attorney failed to move to suppress the defendant’s confession.

Federal Judge Uses 18th-Century Law to Order Apple to Aid In Criminal Investigation Against Search and Seizure Law Considerations

Published on: February 22, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “If I simply intend to plead guilty, why do I need a lawyer?”

In a potentially groundbreaking move, a federal judge ordered Apple to assist law enforcement with decrypting of the iPhone that belonged to one of the San Bernardino shooters.

New Study Further Questions Fingerprint Analysis; Challenging Pseudo-Science In Your Criminal Case

Published on: February 18, 2016 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?”

Forensic Magazine recently published an article about fingerprint analysis with exciting results for people facing criminal charges where fingerprint evidence might come in against them.

Fake Kidnapping Leads To Real Criminal Charges

Published on: February 9, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question: “What are the long term effects of being convicted of a crime?”

A woman from Tennessee recently made headlines across the country when she claimed that she blacked out and woke up hours later in Arden, North Carolina. After disappearing, her husband reported the woman’s absence to police. The 25-year-old, Ciara Mae Holt, then told authorities that she had been kidnapped.

Bizarre “Moorish Defense” Continues Among Criminal Defendants

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

Brad Smith of Arnold & Smith, PLLC answers the question “Should I talk to the police?”

Normally when a person stands accused of committing a crime, he or she seeks out a skilled criminal defense attorney to help prepare the strongest defense possible. The goal is to rely on the lawyer’s legal expertise to ensure you achieve the best resolution possible. Curiously, some defendants appear to be more interested in pursuing a bizarre and unsuccessful approach, known as the “Moorish defense”. To find out more, keep reading.

Criminal Penalties For Lapses In Workplace Safety

Published on: December 22, 2015 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question: “What are the long term effects of being convicted of a crime?”

Most employers understand that if there are problems with workplace safety they could face some serious and potentially expensive consequences. Injuries to employees can lead to higher workers’ compensation premiums, money spent on litigation and, should the Occupational Safety and Health Administration catch wind of the trouble, serious fines and other enforcement action. Additionally, employers can suffer serious reputational damage, among both employees and customers, if workers suffer harm due to lapses in workplace safety.