Charlotte Criminal Lawyer Blog

Charlotte Police Release Footage of Shooting

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

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

Charlotte has been gripped by protests in the days following the deadly shooting of Keith Lamont Scott. Scott was killed by police officers who said he was using marijuana and carrying a gun that he refused to drop. In the days after the shooting, protesters urged the police to release video footage of the encounter, including dashboard and body camera video recordings. The hope is that the footage would shed light on the deadly incident and determine whether or not the officers were justified in their actions.

Criminal Disenfranchisement and Voting Rights: 2 Steps Forward, 3 Back

Published on: September 22, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question:”A past conviction is keeping me from finding work. What can I do?”

Virginia’s Supreme Court ruled this July that its governor’s decision to restore voting rights to over 200,000 felons violates the state’s constitution. The court ruled 4 to 3 that Gov. Terry McAuliffe overstepped his executive powers when he issued an en-masse order in April that restored voting rights to all of the state’s ex-offenders who are no longer incarcerated, on probation, or on parole.

North Carolina Man Charged In False Clown Sighting Incident

Published on: September 20, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “What should parents tell their children to do when interacting with police officers?”

If you’ve been following the news closely you’ve likely seen articles about a recent rash of clown sightings. The stories have popped up everywhere, in North Carolina, Minnesota, Wisconsin, Ohio and many other places, including some international sightings. Though little has been reported in the way of harm, the reports of clowns roaming around late at night has been enough to unsettle many people, assuming that there must be a sinister motivation.

New “Blue Lives Matter” Law Taken For A Spin in Louisiana

Published on: September 15, 2016 | On behalf of Arnold & Smith, PLLC

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

There’s been a recent push by legislatures in some states to pass what are known as “Blue Lives Matter” laws. This broad category refers to measures intended to stiffen penalties faced by offenders who perpetrate crimes against police officers. Supporters say the laws are necessary to send the message that police officers are worthy of respect and deserve special protection. Critics argue these laws are unnecessary, as violence against police officers is already punished and, in many cases, serves as an aggravating factor when weighing punishment for various crimes.

Attorneys Permanently Disbarred for Setting Up Opposing Counsel for DUI Mid-Trial

Published on: September 13, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “Is there more than one way for police to charge a person with DWI?”

The Florida Supreme Court recently ruled to permanently disbar two Tampa civil attorneys for one of the most movie-plot-level setups the Court said it had ever seen: setting up their opposing counsel for a DUI arrest in the middle of trial.

A Dank Car Alone Does Not Authorize Police to Search Your Person, Says NC Appeals Court

Published on: September 8, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”

It has long been the case that police can claim they smell marijuana in order to gain the probable cause needed to search your person, vehicle or other personal property you have with you in states where the substance is still illegal.

China Gives Plea Bargaining A Try

Published on: September 6, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?”

Anyone who’s even remotely familiar with the criminal justice system or, for that matter, television shows revolving around the criminal justice system, has likely heard of plea-bargaining. Plea bargains are deals reached between defendants and prosecutors, which allow both sides to avoid the uncertainty of trial. Though plea bargains are incredibly common in the United States, they aren’t so common everywhere. Up until now, China’s criminal justice system has never allowed the use of a plea bargain, something that’s poised to change as of September 4^th. To learn more about the recent changes in Chinese criminal law, keep reading.

California Lawmakers Move To Close Criminal Loophole

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

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

Everyone has likely heard of the Stanford sexual assault case by now, the one involving Brock Turner, the former college athlete who was convicted of sexually assaulting an unconscious woman in a parking lot on campus. That case, and the lenient sentence that resulted, caused a media firestorm. The victim chose to publicly release her impact statement, leading to an outpouring from millions around the world, including the Vice President.

Pokémon Go: Helping, and Annoying, Police Since 2016

Published on: August 30, 2016 | 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?”

Whether you’re an avid catcher of Pikachus or are convinced the era of technology taking over is upon us, you’ve no doubt noticed Pokémon’s rather public reentrance into society lately. Advocates have lauded Pokémon Go’s ability to get gamers off the couch and moving…and get them moving it has. Some have walked straight into varying degrees of trouble with the law, including one man with an open warrant for his arrest who wandered by his local police station to battle his creatures there. Other reports have fallen more on the crime fighting side—two Go players helped catch a man wanted for attempted murder, and one woman found a dead body in her Pokémon Go meanderings.

Evidence from an Illegal Stop Can Still Be Used Against You, Says Supreme Court

Published on: August 25, 2016 | On behalf of Arnold & Smith, PLLC

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

We previously covered the recent United States Supreme Court ruling in Birchfield v. North Dakota that addressed the legality of blood tests performed on individuals pulled over under suspicion of driving while impaired. While that decision wasn’t exactly a home run in terms of defendant rights, it was far and away a more solid win than the Court’s decision three (3) days prior in Utah v. Strieff.