Charlotte Criminal Lawyer Blog

2016 Marks 50th Anniversary of Miranda v. Arizona

Published on: April 28, 2016 | On behalf of Arnold & Smith, PLLC

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

“You have the right to remain silent…”, a phrase that almost all of us know, but few truly understand. The words are part of what has become known as a Miranda Warning or Miranda Rights. The Miranda Warning started 50 years ago in June and, in that time, has become deeply imbedded not only in criminal law, but in popular culture. Given the upcoming anniversary, now is a good time to spend a moment diving a bit deeper and learn what the Miranda Rights are and how they came to be.

Hookup Aps And Potential Criminal Charges Connected With HIV/STI Transmission

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

Charlotte Criminal Lawyer Brad Smith answers the question: “I was found not guilty of a charge, buy my record still shows the charge. What is going on?”

Anyone who has been in the dating pool recently has likely noticed a change from years past. Where previously, you might have to wait to be introduced to someone by a mutual friend or happen upon a stranger in a bar, today, things move much more quickly. Technology has impacted our romantic lives to the same extent it has many other facets and dating/hook-up apps can lead to some troubling consequences, even occasionally, with criminal impact.

What you should know about the 1994 Crime Bill

Published on: April 21, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “When can I post on Social media about my ongoing case?”

A hot topic the past week or so has concerned a bill signed into law more than two decades ago. The 1994 Crime Bill has become important of late given the increasingly combative Democratic presidential primary, with Senator Bernie Sanders and his supporters citing the 1994 bill as an example of wrongheaded legislation embraced by Secretary Hillary Clinton, then First Lady. Senator Clinton has since had to distance herself from the 1994 bill and has begun to criticize certain aspects of the legislation, a dramatic turn of events given her and former President Bill Clinton’s once warm embrace of the anti-crime legislation.

Accused ISIS Supporter Stuck in Stateside Honeypot Trap

Published on: April 19, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?”

A young man from Michigan is being accused of supporting the Islamic State by federal prosecutors after becoming involved in a so-called “honeypot trap.”

Can the Spousal Privilege Protect Former Teacher Who Married Student Before Trial?

Published on: April 14, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “The person that called the police doesn’t want to press charges, can I still be prosecuted?”

A 38-year-old former high school teacher being prosecuted for sexual contact with a student is being slammed by the district attorney on his case for having just married the alleged victim.

Court Declares Anti-Gang Legislation Unconstitutional

Published on: April 12, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I clean up my social media profile after being charged?”

Lawmakers frequently look for new ways to appear tough on crime. In Tennessee, one popular approach was to target gang members with enhanced criminal sentencing guidelines. Though the law was a popular one among prosecutors, a state court recently struck it down as being unconstitutional, forcing legislators and prosecutors to go back to the drawing board to find legally acceptable ways of cracking down on gang crime.

Girlfriend’s Verbal Taunting, Other Boyfriend Don’t Justify “Heat of Passion” Defense

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

Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?”

A North Carolina state appellate court released a ruling this [week] refusing to accept the defendant’s claims that he was provoked into killing his girlfriend because he was jealous of her relationships with other men. The Durham County Court of Appeals’ decision in State v. Chaves provides too good an example of the elements required for a voluntary manslaughter charge to resist discussion, but be warned: the facts of this case read somewhat like a television show or soap opera.

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.

Armed ≠ Dangerous for Stop and Frisk by Police, Judge Rules

Published on: April 5, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can the police search my car without a warrant?”

The federal appellate court with jurisdiction over North Carolina just ruled in a surprising decision that “armed” does not automatically mean “dangerous” within the context of stop-and-frisk searches by police.

“Pot Breathalyzer” Looming Imminent in Clinical Trials

Published on: April 1, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “Are breath test results always accurate?”

Since the gradual decriminalization and legalization of marijuana state-by-state in recent years, many say it was only a matter of time.