Charlotte Criminal Lawyer

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.

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.

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.

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.

Adult Punishment For Juvenile Offenders Leads To Early Death

Published on: November 17, 2015 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith of Arnold & Smith, PLLC answers the question: A past conviction is keeping me from finding work what can I do?

We’ve previously discussed the harms that can occur when children are charged with adult crimes and made to serve out punishment in adult prisons. Such heavy-handed tactics can prove counterproductive, creating young people who are far more likely to reoffend and live the life of a criminal rather than that of a productive member of society.

Drug Crimes, Ex-Cons and Food Stamps

Published on: November 10, 2015 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith of Arnold & Smith, PLLC answers the question: I was found not guilty of a charge, but my record still shows the charge.

As we’ve mentioned many times before, being convicted of a crime can have very serious repercussions on your life. Beyond the obvious fines and jail time, a criminal conviction can cast a long shadow. Those convicted of certain crimes may be denied student loans, certain government housing, face a more difficult time finding work and, in some cases, even be denied food stamps. To find out more about how a criminal conviction could result in a denial of such an important benefit like money for food, keep reading.

Vandalism and North Carolina’s Hate Crime Law

Published on: October 27, 2015 | On behalf of Arnold & Smith, PLLC

Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question: What are the long term effects of being convicted of a crime?

Police officers in North Carolina are on alert after a recent incident of vandalism left many unsettled. The graffiti wasn’t merely an eyesore, but instead advocated for members of the community to physically harm police officers. Now the local police chief is saying he thinks the behavior goes beyond simple vandalism and ought to be considered a hate crime. To find out more about the recent incident, including what qualifies as a hate crime under North Carolina law, keep reading.

Charlotte Police Consider Banning Criminals From Certain Parts of Town

Published on: October 20, 2015 | On behalf of Arnold & Smith, PLLC

Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “What is an expungement?”

The Charlotte-Mecklenburg Police Department is currently considering moving forward with a plan that could lead to those convicted of certain crimes from being banned from entering certain parts of town for up to a year. The plan calls for the creation of “public safety zones” similar to prostitution-free zones that were created by the police department nearly 10 years ago. Critics have said that not only are the proposed public safety zones unconstitutional, but they’ve been shown to be ineffective in reducing crime.

Self-defense argument ineffective as former Raleigh teacher is found guilty of first-degree murder

Published on: October 8, 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?”

Joanna Madonna was found guilty of first-degree murder on Monday, September 28^th, in what had been a highly publicized trial in the North Carolina capital. The former Wake County schoolteacher and 48-year-old mother was sentenced to life in prison for the Father’s Day murder of her husband Jose Perez. Madonna was convicted of first-degree murder, which means the jury found that Madonna acted maliciously and with premeditation. The jury found that Madonna took her husband, who was a recovering alcoholic with serious health issues, on a drive through northern Wake County, shot and stabbed him, and left him to die in a ditch.

Social Media and Criminal Law

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

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

When most people think of detective work, they think of a scene out of Law & Order, with police officers kicking in doors or interviewing witnesses. While that’s certainly true in some cases, detectives are forced to adapt to and keep up with rapid technological change as much as those in any other industry. Detective work today happens online and, more specifically, on social media sites with more regularity than many people imagine. This access to the internet and to social media websites can prove incredibly useful to officers in some cases and frustrating in others.