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Minnesota Judge Appears To Defy Federal Ruling

Published on: September 6, 2017 | 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?”

Criminal cases are seldom very exciting. Though TV and movies would have you believe differently, the reality is that court rules and procedures restrict what participants are able to do spur of the moment and instead try and make the process more predictable. It is quite rare for a prosecutor or defense attorney, even more so, a judge, to make a decision or take an action seemingly out of the blue.

Congressman Ordered To Take Mugshot

Published on: August 23, 2017 | On behalf of Arnold & Smith, PLLC

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

The mugshot is something that an average person would immediately associate with a brush with the law. The assumption is that anyone and everyone who is arrested or convicted of a crime must have been booked and had his or her mugshot taken. While that is true in many cases, it is not the case all the time. A recent high-profile case dealt with exactly this issue and ended with the defendant being ordered by a judge to report to have his mugshot taken.

Criminal Implications of Charlottesville Car Attack

Published on: August 16, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “How is getting charged with a crime on a college campus different from being charged off campus?”

The incident over the weekend in Charlottesville, VA where neo-Nazis and white supremacists gathered to protest the removal of Confederate statues resulted in the tragic death of a young woman. According to authorities, the woman was a counter protestor and was standing on a street corner with others shouting down the assembled white supremacists. James Alex Fields, Jr. is said to have driven his vehicle onto the sidewalk, striking several counter protestors and killing one.

Delayed discovery can delay justice in criminal cases

Published on: August 9, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question:”What is an expungement?”

Most people do not spend time worrying about things like the discovery process. It is legalistic and confusing to those not familiar with the criminal justice system. Though it can be complicated, it is incredibly important and worth understanding. Discovery is meant to shed light on evidence, creating transparency in a justice system that can, at times, be troublingly opaque. As a recent article in the New York Times demonstrates, the discovery process can sometimes go wrong and, when it does, it can have serious consequences.

Massachusetts Case Raises Questions of Cyberbullying and Free Speech

Published on: August 2, 2017 | On behalf of Arnold & Smith, PLLC

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

It can sometimes seem like we have seen it all before. This is especially true in the criminal law world, where crimes are seldom novel, but often sad cycles continually repeating themselves. Though this is true in some cases, a recent prosecution in Massachusetts demonstrates that individuals can still find new ways to run afoul of the law and, when that happens, it can raise important questions about how these groundbreaking cases ought to be handled.

Legal Marijuana Appears To Lower Crime, According To Recent Study

Published on: July 26, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “Do I have to perform the field sobriety tests when I’m pulled over for DWI in NC?”

One of the things that critics of marijuana legalization have long argued is that by opening the door to marijuana you would encourage other criminal infractions, with pot serving as a kind of gateway to all sorts of bad behaviors. This could include increased use of stronger drugs, commission of petty crimes and increases in rates of impaired driving. A recent study commissions by the Philadelphia Federal Reserve comes to the opposite conclusion, finding that marijuana legalization in Colorado ushered in even lower crime rates. To learn more, keep reading.

Illinois Legislature Approves Changes To Civil Forfeiture Law

Published on: July 19, 2017 | 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?”

We have discussed civil asset forfeiture cases previously, noting each time how these important matters tend to happen under the radar. Few people understand that the police have the power to simply take a person’s property. Even fewer realize just how low the burden of proof is in many states to justify the seizure of property. Thankfully, after a recent investigative report by a news organization in Chicago, the matter received significant attention, enough to prompt the legislature to take action.

Should crime pay?

Published on: July 12, 2017 | 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?”

Bank robbery is very good demonstration of the maxim that crime very rarely pays off. Studies have shown that you might be able to make off with a few thousand dollars (at most, most bank robberies don’t even result in a large haul), but your chances of getting caught are extremely high. Once you’re caught, the money disappears, you’re forced to pay for a criminal defense attorney and then, depending on the facts, you may get slapped with serious penalties, including jail time. The upside is minimal, the downside is tremendous. That’s by design, the aim of the criminal justice system is to dissuade criminal acts. But what if the upside were higher? What if a criminal was able to profit from a crime? Is that even possible? To learn more about what happens if you try and make crime pay, keep reading.

Police in Atlanta say overdose allows man to avoid DUI charge

Published on: July 5, 2017 | 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?”

Typically, when you imagine a person using drugs or alcohol while driving you would expect that to lead rather quickly to a drunk driving charge. Though this is exactly the sort of situation that DUI/DWI crimes were meant to address, a recent incident in Atlanta highlights an odd facet of the system. According to law enforcement authorities, the fact that one driver was so far gone, clearly impaired and destructive, meant he actually managed to avoid a DUI charge. Now let’s explain why.

Does appearance impact criminal sentencing?

Published on: June 28, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”

A commonly repeated trope of the criminal justice system is that lady justice is blind. We say this because we hope that all are treated fairly before the law. The hope is that only evidence, cold hard facts, play a role in determining guilt or innocence, not a person’s money, family, background, race, or looks. Though there are reasons to doubt how true this is in practice, especially in years past, it’s been an ideal worth striving for. A recent study appears to indicate that there is plenty of room left to strive, concluding that a person’s physical appearance can have an impact on criminal sentencing.