Criminal Defense

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.

Teens charged after partying in former Panther player’s vacant mansion

Published on: December 17, 2015 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC responds to “The person that called the police doesn’t want to press charges, can I still be prosecuted?”

Dave Pollizi and his wife noticed something unusual while at their Lake Wylie home the Sunday after Thanksgiving. Cars were parked in the backyard of the vacant mansion next door.

Group Calls For Changes Concerning Eyewitness Identification

Published on: December 15, 2015 | 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?”

It’s often the most dramatic scene in any legal TV show or movie: the moment when the witness on the stand points to the person who committed the crime. Though this moment can make for great TV and is often portrayed as an authoritative identification, the reality is far murkier. Critics of current law enforcement practices involving witness identification say that reform is badly needed as innocent men and women go to prison due to faulty IDs. To find out more about the current process and the changes some say are needed, keep reading.

Another Criminal Court Rules On Case Concerning Drug-Sniffing Dogs

Published on: December 8, 2015 | On behalf of Arnold & Smith, PLLC

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

In 2013, the U.S. Supreme Court heard an important case concerning the use of drug-sniffing dogs. As is often the case following an important Supreme Court ruling, states and lower courts have since struggled with how to implement the new rule and apply it to similar, though not identical, fact patterns.