Criminal Defense

Several New Criminal Laws Set To Begin On December 1st

Published on: December 1, 2015 | On behalf of Arnold & Smith, PLLC

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

As the end of the year approaches, so does the deadline for implementing various new laws. Tradition in North Carolina dictates that new laws go into effect later in the year, giving law enforcement agencies time to prepare for the new measures and adjust any policies or procedures accordingly. December 1 is a popular date for the new laws, and this year is no exception. A number of new laws begin tomorrow, including several that create new crimes or enhance penalties for existing crimes. To find out more about what some of these new measures are, keep reading.

Recent West Virginia Case Clarifies Rights Of Defendants

Published on: November 26, 2015 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question: “I was found not guilty of a charge, why does my record still show the charge?”

The West Virginia Supreme Court recently issued an important decision that will help clear up questions regarding the rights of criminal defendants when it comes to making plea deals. Though the impact of the case is currently limited only to those defendants located in West Virginia, expert say that the case will likely have implications elsewhere given the strength and clarity of the decision.

Adult Punishment For Juvenile Offenders Leads To Early Death

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

Charlotte Criminal Lawyer Brad Smith of Arnold & Smith, PLLC answers the question: A past conviction is keeping me from finding work what can I do?

We’ve previously discussed the harms that can occur when children are charged with adult crimes and made to serve out punishment in adult prisons. Such heavy-handed tactics can prove counterproductive, creating young people who are far more likely to reoffend and live the life of a criminal rather than that of a productive member of society.

Can A Facebook Profile Count As A Threat?

Published on: October 13, 2015 | On behalf of Arnold & Smith, PLLC

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

The internet has made many things easier, whether it’s searching for information, ordering clothes or wasting time watching movies. Though most of these are positive innovations, not everything that the internet touches improves. One thing that has become frighteningly easy thanks to the internet and the abundance of social media is stalking. Obsessed individuals have a nearly limitless number of ways to not only gather information about their victims, but to threaten and harass them as well.

How Serious Is The Sixth Amendment?

Published on: October 6, 2015 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers : I was found not guilty of a charge, but my record still shows the charge

Today marks the start of the Supreme Court’s new term. Last year was a remarkable year, with important decisions touching on issues such as healthcare, gay marriage and privacy rights. This year appears to be no less interesting; with the court announcing that it would hear a range of controversial cases including ones on abortion rights and affirmative action. Amidst the more attention-getting cases, there are others of equal importance, including a very interesting one in the criminal realm about just how seriously the Sixth Amendment ought to be taken.

Social Media and Criminal Law

Published on: September 29, 2015 | On behalf of Arnold & Smith, PLLC

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

When most people think of detective work, they think of a scene out of Law & Order, with police officers kicking in doors or interviewing witnesses. While that’s certainly true in some cases, detectives are forced to adapt to and keep up with rapid technological change as much as those in any other industry. Detective work today happens online and, more specifically, on social media sites with more regularity than many people imagine. This access to the internet and to social media websites can prove incredibly useful to officers in some cases and frustrating in others.

Craigslist-post conviction thrown out; criminal defamation law ruled unconstitutional

Published on: May 26, 2015 | On behalf of Arnold & Smith, PLLC

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

The axiom that “The truth shall set you free” is, in my opinion, a bit overused and often used out of context. The quote—from the eighth chapter of the Gospel according to John, in the New Testament of the Bible—is quite specific in its meaning.

Class action challenges alleged police quota system, non-PC criminal summonses

Published on: May 21, 2015 | On behalf of Arnold & Smith, PLLC

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

Five years after he was issued two criminal summonses by a New York City police officer for alleged trespassing and disorderly conduct, twenty-four-year-old Sharif L. Stinson is the lead plaintiff in a class action lawsuit against the City of New York alleging that police officers—under the pressure of a Police Department quota system—“have engaged in an illegal pattern and practice of issuing summonses,” according to the New York Times.

Life imitates art in Big Lebowski-esque wrong-car smashup

Published on: May 19, 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?”

A twenty-two-year old Florida man brought a scene from Joel and Ethan Cohen’s 1998 feature film The Big Lebowski to life last week by accidentally smashing up a stranger’s car in a fit of misdirected rage.

State Highway Patrol resists release of dash-cam videos in criminal cases

Published on: April 23, 2015 | On behalf of Arnold & Smith, PLLC

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

Local news outlets are abuzz over the deployment of officer body cameras in two divisions of the Charlotte-Mecklenburg Police Department.