Charlotte Criminal Lawyer Blog

Oregon Marijuana Legalization Effort Focuses Attention on Prior Criminal Records

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

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

Marijuana legalization is a concept that went from seemingly impossible to near mainstream in the span of only a few years. Washington and Colorado were among the early movers that have paved the way for other states who are now taking the plunge. Oregon, though not the first to abolish legal consequences for growing, possessing and buying marijuana, has taken a step ahead of other states by tackling the issue of criminal records of those with marijuana-related crimes.

Retired tennis player James Blake calling for more police accountability following false arrest

Published on: September 17, 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?”

When the U.S. Open tennis tournament concluded last weekend in New York, one of the tournament’s major storylines had nothing to do anything that happened on a tennis court. Retired tennis player James Blake, once ranked No. 4 in the world, was leaning on a column in front of the Grand Hyatt hotel in New York when he was rushed by undercover police officer James Frascatore and forced to the ground.

North Carolina Teens Reach Deal With Prosecutors Over Sexting

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

Charlotte DWI Lawyer Brad Smith answers : I was found not guilty of a charge, but my record still shows the charge

Two North Carolina teens have reached deals with prosecutors and are now able to move on with their lives, avoiding jail time and registration as sex offenders. Their cases illustrate the serious harm that can come from sexting as a minor. Their cases also reveal inconsistencies in North Carolina’s laws that may occasionally cause more harm than good.

Teen sexting case highlights severity of N.C. sex offender laws

Published on: September 10, 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?”

A North Carolina teenager faces felony sex crime charges after police discovered sexually explicit photographs of a sixteen-year-old girl on his cell phone. Cormega Copening is a seventeen-year-old high school student at Jack Britt High School. Copening was playing quarterback on the football team before being forced to sit out because of the felony investigation. The Fayetteville youth was arrested and charged with violating state law prohibiting the transfer of “sexually explicit” photographs of minors when police discovered nude photographs of Copening and his sixteen-year-old girlfriend on his phone. Police found the photographs by asking his mother, who pays the bill, if she would permit a search of the cell phone so the police might look for any possible evidence in a separate investigation of statutory rape. Copening was not a suspect in that investigation. During the search, the police discovered the nude photos of Copening and his then girlfriend.

North Carolina Legislators Consider Creating New “Cyberstalking” Crime

Published on: September 8, 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?”

As technology continues to change and grow increasingly complex, so do the opportunities for unsavory characters to misuse it. The proliferation of GPS and other advanced tracking technology has meant that it is often alarmingly easy to monitor the movement of others. Smartphones and social media often serve as vital assistants to those who may want to keep track of others, unknown digital informers of a person’s whereabouts.

10th anniversary of Hurricane Katrina brings new trial for officers convicted in Danziger Bridge shootings

Published on: September 3, 2015 | On behalf of Arnold & Smith, PLLC

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

Saturday marked the tenth anniversary of Hurricane Katrina making landfall on the Gulf Coast. The breach of the levees protecting New Orleans resulted in 80 percent of the city submerged in floodwaters. Overall, the hurricane took the lives of over 1,800 people, many of whom lived in New Orleans.

9-year-old stabbed to death by 13-year-old brings attention to criminal juvenile court system

Published on: September 2, 2015 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith of Arnold & Smith, PLLC answers the question “What is an expungement?”

A very sad case out of Michigan recently made headlines involving a 13-year-old boy on trial for murder. The case is especially tragic because the 13-year-old stands accused of killing a 9-year-old, stabbing him to death at a neighborhood playground.

Mistrial Declared In Charlotte Police Officer Manslaughter Case

Published on: August 25, 2015 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question “What is the difference between a misdemeanor and a felony?”

Charlotte-Mecklenburg police office Randall Kerrick avoided conviction on manslaughter charges last week when the North Carolina jury deadlocked, forcing the judge presiding over the case to declare a mistrial. Experts say it is unclear how prosecutors will move forward, whether they will bring Kerrick up on similar charges a second time or consider other options.

Court Tackles Implied Consent Law

Published on: August 21, 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?”

The Minnesota Court of Appeals recently issued a long-awaited opinion concerning the constitutionality of the state’s implied consent law. The Appeals Court affirmed the law, holding that a warrantless breath test qualifies as a valid search so long as it is connected to a lawful arrest.

Fourth Circuit Rules Warrant Required For Cell Records

Published on: August 13, 2015 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers : I was found not guilty of a charge, but my record still shows the charge

Just last week the Fourth Circuit Court of Appeals tackled a subject that is becoming increasingly important in criminal investigations: cellphone records. Courts across the country often find themselves wrestling with issues related to cellphone record requests; weighing the benefits to law enforcement with the privacy interests of defendants.