Charlotte Criminal Lawyer Blog

Asheville “Bans the Box”

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

J. Bradley Smith of Arnold & Smith, PLLC answers the question: “What are the long term effects of being convicted of a crime?”

Government leaders in Asheville, North Carolina have followed those throughout other cities and states across the country in “banning the box”. Ashville joins six other North Carolina local governments in deciding to remove criminal history questions form their job applications. The move is an important one for those in western North Carolina and, more broadly, for prospective employees with criminal histories across the country who may now be more likely to receive a fair shake when applying for work.

New York Governor Pardons Thousands of Juvenile Offenders

Published on: December 29, 2015 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question: “What is an expungement?”

Today was a big day for those advocating change to harsh criminal laws that allow young offenders to be charged in the adult criminal justice system. Currently, New York and North Carolina are the only two states in the country where 16 and 17-year-olds are automatically prosecuted as adults. Though this still remains true, New York took a huge step to rectifying some of the problems caused by trying juveniles as adults.

Criminal Penalties For Lapses In Workplace Safety

Published on: December 22, 2015 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question: “What are the long term effects of being convicted of a crime?”

Most employers understand that if there are problems with workplace safety they could face some serious and potentially expensive consequences. Injuries to employees can lead to higher workers’ compensation premiums, money spent on litigation and, should the Occupational Safety and Health Administration catch wind of the trouble, serious fines and other enforcement action. Additionally, employers can suffer serious reputational damage, among both employees and customers, if workers suffer harm due to lapses in workplace safety.

Teens charged after partying in former Panther player’s vacant mansion

Published on: December 17, 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?”

Dave Pollizi and his wife noticed something unusual while at their Lake Wylie home the Sunday after Thanksgiving. Cars were parked in the backyard of the vacant mansion next door.

Group Calls For Changes Concerning Eyewitness Identification

Published on: December 15, 2015 | On behalf of Arnold & Smith, PLLC

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?”

It’s often the most dramatic scene in any legal TV show or movie: the moment when the witness on the stand points to the person who committed the crime. Though this moment can make for great TV and is often portrayed as an authoritative identification, the reality is far murkier. Critics of current law enforcement practices involving witness identification say that reform is badly needed as innocent men and women go to prison due to faulty IDs. To find out more about the current process and the changes some say are needed, keep reading.

Another Criminal Court Rules On Case Concerning Drug-Sniffing Dogs

Published on: December 8, 2015 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I talk to the police?”

In 2013, the U.S. Supreme Court heard an important case concerning the use of drug-sniffing dogs. As is often the case following an important Supreme Court ruling, states and lower courts have since struggled with how to implement the new rule and apply it to similar, though not identical, fact patterns.

Several New Criminal Laws Set To Begin On December 1st

Published on: December 1, 2015 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I talk to the police?”

As the end of the year approaches, so does the deadline for implementing various new laws. Tradition in North Carolina dictates that new laws go into effect later in the year, giving law enforcement agencies time to prepare for the new measures and adjust any policies or procedures accordingly. December 1 is a popular date for the new laws, and this year is no exception. A number of new laws begin tomorrow, including several that create new crimes or enhance penalties for existing crimes. To find out more about what some of these new measures are, keep reading.

Recent West Virginia Case Clarifies Rights Of Defendants

Published on: November 26, 2015 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question: “I was found not guilty of a charge, why does my record still show the charge?”

The West Virginia Supreme Court recently issued an important decision that will help clear up questions regarding the rights of criminal defendants when it comes to making plea deals. Though the impact of the case is currently limited only to those defendants located in West Virginia, expert say that the case will likely have implications elsewhere given the strength and clarity of the decision.

N.C. Supreme Court upholds social networking ban for sex offenders

Published on: November 24, 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 2008, the North Carolina General Assembly passed a law making it a criminal offense for anyone previously convicted of a sexual offense to access a commercial social networking site that permits children to become members or to maintain personal web pages on the site.

What are the Most Common Claims that Stem from Police Misconduct?

Published on: November 18, 2015 | 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?”

It’s been two months since a North Carolina Judge declared a mistrial for the police officer who killed Jonathan Ferrell. After four days of debates, the jury was deadlocked, 7-5 on an initial vote and 8-4 on the succeeding three votes. And when Judge Robert C Ervin asked the jury foreman if further discussions would resolve the dead end, the response was no. Ervin then declared a mistrial.