Charlotte Criminal Lawyer Blog

When is a hate crime not a hate crime?

Published on: April 26, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”

When most people think of hate crimes they imagine criminal acts that occur because one person was motivated by a particular animus against the victim. This animus can be based on a number of things, such as the victim’s race, gender or sexual orientation. If such animosity motivates a crime, it stands to reason that the defendant could be charged with committing a hate crime. However, as a case in West Virginia demonstrates, that might not always be true.

Confusion exists surrounding legality of recording police officers

Published on: April 19, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Am I allowed to videotape an interaction with police? Can they make me stop filming?”

A recent incident in Wilmington highlighted an area of legal uncertainty. The case involved an Uber-driving criminal defense attorney, a smartphone and an irritated police officer. Though this particular dispute was resolved with a public apology by the Wilmington Police Department, it begs bigger questions about how other similar incidents might be handled in the future, especially if a case were to make its way to court. To learn more about the legal issues surrounding recording police officers in North Carolina, keep reading.

Utah Takes National Lead In Lowering BAC Limits

Published on: April 12, 2017 | On behalf of Arnold & Smith, PLLC

DWI in North Carolina Most Frequently Asked Questions FAQ

If you’re a regular drinker you might be familiar with your state’s blood alcohol concentration (BAC) limits. This number is quite important after all, as even a few percentage points can make the difference between being deemed a criminal or a responsible social drinker. The BAC limit measures how much alcohol a person has in his or her system at a given time and this number is used as a proxy for the person’s overall level of intoxication. The idea is that the higher the BAC, the more likely it is that the he or she is dangerously impaired and presents a risk to themselves or others on the road.

Editorial Proposes Radical Idea To Reduce Police Violence: Decriminalize Traffic Violations

Published on: April 5, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”

When most people think about their last interaction with a police officer it almost always involves a traffic stop. A person was speeding or not wearing a seat belt or ran a red light or was talking on a cellphone and a cop does what cops do and pulls the person over. This traffic stop can serve as a window to other, potentially more serious things. For instance, the cop could use the traffic infraction as an excuse to investigate other, potentially unrelated, crimes. In some especially tragic instances, the traffic stop can prove deadly, with officers engaging in violence.

Is sloppiness enough to justify murder conviction?

Published on: March 30, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “If I have an outstanding warrant, what should I do?”

A big case that gripped the nation several years ago has finally come to a close. The case, against the owner and head pharmacist at the New England Compounding Center, garnered tremendous public attention after a fungal meningitis outbreak back in 2012 resulted in injuries to hundreds and death to 64 people. It turned out that tainted injections from the NECC, a compounding pharmacy located outside of Boston, were responsible. In a surprise to many, prosecutors went after the owner not only for things like racketeering and mail fraud, but also charged him with 25 counts of second-degree murder.

Incarceration Reimbursement

Published on: March 22, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “If I am charged by campus police could I still face jail time or probation?”

When most people think of paying a “debt to society” the first thing that comes to mind is time behind bars. The phrase is used to evoke some kind of sacrifice, almost always of time and freedom, that is “paid” to atone for some kind of misbehavior. A recent article discusses how the idea of paying a debt to society is being taken literally in many cases, with a seriously detrimental impact on some.

Child Pornography Charges Dismissed After FBI Refuses To Reveal Evidence

Published on: March 15, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”

In a deeply troubling case, federal prosecutors were forced to drop child pornography charges against one man after the FBI investigators refused to reveal the source of the information being used to implicate him. The case is unusual in many ways, one of which is that the FBI was allowed to commit a terrible crime in an attempt to capture other criminals. It now seems like the sacrifice was for nothing, as the man (and many others) may have their charges dropped.

Jury Secrecy Might Not Be Guaranteed After all

Published on: March 8, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”

Lots of juicy television police procedurals spend time showing what goes on during jury deliberations. The deliberations often make for good television because of the interest people have in what goes on behind the scenes, a space usually out of view to most people. It’s fun to imagine what real jurors have to say to one another, something that in the real world, criminal defendants don’t have the luxury of knowing. The reason for the interest is that in almost all cases, a jury’s deliberations are meant to be secret.

Supreme Court To Consider North Carolina Law That Makes Social Media A Crime

Published on: March 1, 2017 | On behalf of Arnold & Smith, PLLC

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

Back in 2010 a North Carolina man was convicted of a crime and given a suspended sentence. Now, nearly seven years later, his lawyers are preparing to argue their appeal before the U.S. Supreme Court. What did the man do to warrant such a fuss? He signed up for a Facebook account.

Were crimes committed related to Michael Flynn’s resignation?

Published on: February 22, 2017 | On behalf of Arnold & Smith, PLLC

In the days since Michael Flynn resigned as President Trump’s national security adviser, there have been a lot of questions and not many answers. Many still wonder exactly what transpired between Flynn and the Russian ambassador he now admits to having had contact with. Though we still don’t know the details of many of those conversations, we can discuss potential criminal aspects of Flynn’s resignation, of which there are several.

First, let’s talk about Flynn. Did he break any laws that could result in criminal action? There are two issues at play here: 1) the Logan Act and 2) potential false statements. First, the Logan Act is a piece of legislation that makes it a crime for a private citizen to communicate with a foreign government without proper authority in an attempt to influence the actions of the foreign government. The law is an oldie, but a goodie, having been signed back in 1799 by then President John Adams. The law resulted from actions by a state legislator who went behind the president’s back to try and negotiate a settlement to an undeclared war with France.