Criminal Defense

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.

Police officer seeks dismissal of conviction related to fantasy of killing, eating women

Published on: March 26, 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?”

The prosecution of a former New York City police officer who federal prosecutors say participated in “a concerted criminal plot to kidnap and eat women” has raised concerns that his case will set a precedent for so-called “thought-crime” prosecutions.

Prison is far from an ideal place to be pregnant

Published on: March 24, 2015 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: What are the long term effects of being convicted of a crime?

Like countless mothers across the United States, Laura Strange spent two hours cradling her newborn daughter Haley in her arms. Unlike most mothers, however, the twenty-five-year-old’s ankle was cuffed to her hospital bed, and those first two hours with Haley were likely the last Strange will spend with her daughter for the next two years.

Nonviolent felonies the real culprit in voter suppression

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

Charlotte DWI Lawyer Brad Smith answers the question: What are the long term effects of being convicted of a crime?

The political battle over voting rights in North Carolina has focused in recent years on the issue of photo identification. One side of the political battle wants to require voters to produce valid, photo identification at polling places, while the other side contends that this requirement infringes upon the voting rights of citizens.

Legislator seeks to criminalize recording police while on duty

Published on: March 12, 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?”

In general, a person’s privacy rights extend as is “reasonable.” Persons do not, for instance, have a reasonable expectation of privacy when they walk on a public street. They may be photographed and recorded in a variety of settings and formats, and their words and behavior can be freely observed, noted and memorialized.