J. Bradley Smith of Arnold & Smith, PLLC answers the question: I was found not guilty of a charge, but my record still shows the charge
It’s thankfully pretty rare that North Carolina criminals land on the front pages of newspapers across the country (and even the world). But that’s just what happened this past week after a man from Concord, NC was arrested more than 14 years after renting and failing to return a VHS tape.
J. Bradley Smith of Arnold & Smith, PLLC answers the question “Do I need to hire an attorney if I have been falsely accused?”
Juries play an incredibly important role in our criminal justice system in determining the guilt or innocence of the accused. The topic of jury nullification is one of growing national debate. However, citizen, beware when it comes to spreading the word or even talking about practicing jury nullification anywhere near a courthouse. Courts vary in hostility towards the topic and doing so can have damaging consequences to the particular case and person. Where allowed, jury nullification allows a juror to vote Not Guilty according to conscience if they think there is enough evidence to convict a defendant but think that the sentence is in some way unfair or disproportionate, such as if:
J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I talk to the police?”
Though Donald Trump has had no shortage of press attention over the past few months, a special frenzy has begun recently over claims that the Republican presidential candidate is inciting violence against protesters, using fiery rhetoric to agitate his loyal supporters. One of several examples critics point to is what happened at a rally in Fayetteville, North Carolina, when a 78-year-old attendee sucker punched a young protester in the face.
J. Bradley Smith of Arnold & Smith, PLLC answers the question “What is the difference between a misdemeanor and a felony?”
An Arizona-based media company recently posted a video in the run up to Easter this year as a not-so-subtle reminder of the toll this holiday often takes on the animal kingdom. The video shows cratefuls of fluffy chicks cheeping madly as they are dunked repeatedly in colorful dye and roughly tossed like a salad. The now-viral video, filmed in an unknown part of the world, has sparked international outrage about animal cruelty.
Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “Are breath test results always accurate?”
Seven really was a Charlotte man’s lucky number this [week]—or rather, 0.07 was.
J. Bradley Smith of Arnold & Smith, PLLC answers the question “What happens if I am convicted of a DUI or DWI in Charlotte North Carolina?”
The Kansas Supreme Court issued a decisive and important ruling late last month concerning the state’s implied consent law. Implied consent laws, for those that may be unclear, say that individuals who operate motor vehicles in the state have given their implied consent to submit to a chemical test to determine intoxication in the event they are pulled over by police. States with implied consent laws also criminalize refusal to submit to such chemical tests, meaning the refusal itself serves as the basis for a criminal prosecution.
Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “Is there more than one way for police to charge a person with DWI?”
A recent incident in New York reveals yet another way in which social media has made it easier for law enforcement authorities to track and convict criminals. Over the weekend, a man on Long Island decided to livestream his late night drunk driving, broadcasting his reckless conduct to the world on Periscope. According to authorities, they were able to use the live video feed to determine the suspect’s location and arrest him. Not only did the livestream facilitate the man’s arrest, but it also provided ample evidence for authorities seeking to gain a criminal conviction.
J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I ever plead guilty to a charge?”
It seems like a movie plot twist in a case that is already one of the most sensationalized of our time. Days after the sixth episode of FX’s new documentary about The People v. O.J. Simpson aired, the news story broke: a retired officer with the Los Angeles Police Department just turned over a knife he claims was found at the site of the murders for which O.J. Simpson was acquitted in 1994.
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.
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?”
The advent of police vehicle and body cameras in recent years has been aimed at greater transparency and accountability amongst law enforcement. Sometimes, as in the case of former NFL receiver Jabar Gaffney recently, these arrest videos can provide teachable material from which other citizens can learn.
Charlotte Criminal Lawyer Blog
