Charlotte Lawyer

Incarceration Reimbursement

Published on: March 22, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “If I am charged by campus police could I still face jail time or probation?”

When most people think of paying a “debt to society” the first thing that comes to mind is time behind bars. The phrase is used to evoke some kind of sacrifice, almost always of time and freedom, that is “paid” to atone for some kind of misbehavior. A recent article discusses how the idea of paying a debt to society is being taken literally in many cases, with a seriously detrimental impact on some.

Supreme Court To Consider North Carolina Law That Makes Social Media A Crime

Published on: March 1, 2017 | On behalf of Arnold & Smith, PLLC

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

Back in 2010 a North Carolina man was convicted of a crime and given a suspended sentence. Now, nearly seven years later, his lawyers are preparing to argue their appeal before the U.S. Supreme Court. What did the man do to warrant such a fuss? He signed up for a Facebook account.

Law Professor Discusses Concerns Related To Traffic Cameras

Published on: January 24, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “Can I represent myself on a traffic ticket?”

It’s something that’s become increasingly common in recent years, signs warning that drivers are under remote surveillance and can be fined for a variety of bad behaviors, including speeding or running red lights. If and when such a fine occurs, most people open their mail and send in a check, quickly dispensing with the issue and avoiding needless hassle. Thankfully, one law professor in Maryland decided to take a different approach and fought his traffic violation. His story, published on Quartz, is an interesting one and raises some serious concerns about the legal validity of the traffic camera system that so many jurisdictions have so warmly embraced.

Supreme Court Tackles Immigrant Deportation Case

Published on: January 17, 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 Supreme Court will soon hear an important case touching on several hot topics: immigration, deportation and crime. The Court will weigh into the thorny issue of how much power the government should have to deport immigrants who are found to have committed criminal acts. The case comes at an especially heated time given the recent election and heated rhetoric surrounding the topic of immigration, legal and otherwise.

Is there such a thing as interstellar criminal law?

Published on: December 20, 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?”

Here in the U.S. we’re used to applying multiple levels of criminal laws. There are local ordinances, state laws and federal statutes and someone’s behavior can, at times, implicate all three. Though it’s fairly new, an emerging area of interest is international law and the punishments that can occur when crimes are committed by someone abroad. Taking things one step further, what happens if a crime is committed in space? A recent article in the Washington City Paper explored this unusual question.

Are law enforcement officials collecting pictures of your face?

Published on: November 29, 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?”

Most people assume that if they’ve never been arrested and charged with a crime, there’s no way their personal information would be inside a criminal database. After all, as the name implies, criminal databases collect information about and concerning crimes and criminals, not ordinary citizens. Though it’s certainly understandable why you might assume that, you’d be wrong. As reported in a recent piece by NPR, law enforcement agencies across the country have amassed a collection of images of 50 percent of Americans’ faces. How did they get them and what are they doing with them? To find out, keep reading.

“You Have the Right to an Attorney”—Unless Prosecutors Insist You’re Unconscious?

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

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

The man suspected of planting the bombs on the Jersey Shore and in Manhattan last month is being represented by attorneys for the American Civil Liberties Union (ACLU) after being denied access to a federal public defender.

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.

Civil Forfeiture Law In South Carolina Draws Attention

Published on: August 16, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Do I need to hire an attorney if I have been falsely accused?”

A man from North Carolina had a firsthand experience with neighboring South Carolina’s sweeping civil forfeiture law and is now suing to try and recover the property that he says was unjustifiably taken from him. The case illustrates a broader concern about the way law enforcement authorities in South Carolina and elsewhere use generous civil forfeiture laws to pad their bank accounts. Critics say the forfeitures are more about profit than protecting local communities and are calling for action to draw limits on when and how the laws can be used.