Charlotte

Involuntary Commitment Does Not Trigger Miranda, Court Rules

Published on: November 24, 2016 | On behalf of Arnold & Smith, PLLC

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

To many people, involuntary commitment in a psychiatric facility seems like the equivalent of jail when it comes to restricting your freedoms; for some, it could be considered even worse. However, the majority of the N.C. Court of Appeals feels differently, with a divided panel recently ruling that a man who was involuntarily committed after he tried to kill himself was not in custody for Miranda warning purposes.

“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.

Charlotte Police Release Footage of Shooting

Published on: September 28, 2016 | On behalf of Arnold & Smith, PLLC

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

Charlotte has been gripped by protests in the days following the deadly shooting of Keith Lamont Scott. Scott was killed by police officers who said he was using marijuana and carrying a gun that he refused to drop. In the days after the shooting, protesters urged the police to release video footage of the encounter, including dashboard and body camera video recordings. The hope is that the footage would shed light on the deadly incident and determine whether or not the officers were justified in their actions.

Man Recycles Plot from Seinfeld for $1000 in Bottle Refunds, Gets Hit With Felony

Published on: August 9, 2016 | On behalf of Arnold & Smith, PLLC

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

After a plot straight from the popular sitcom Seinfeld went awry, a Michigan man is facing five (5) years in prison for a felony count of beverage return of non-refundable bottles.

How Slow Motion Can Harm Criminal Defendants

Published on: August 2, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”

It’s something you may never have thought about: what impact does slow motion video have on your perception of an event? Your first reaction may be, nothing. After all, slow motion is just a helpful way of understanding what happened without losing details in a blur of activity. Though that sounds like a reasonable response, researchers indicate it isn’t true. A recent study showed that watching footage in slow motion can skew the viewer’s perception of the event, allowing them to infer intention where they might not have otherwise.

Taylor Swift, Kim Kardashian, Kanye West and the criminal implications of secret recordings

Published on: July 19, 2016 | On behalf of Arnold & Smith, PLLC

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

For pop culture junkies the Taylor Swift/Kanye West feud dates back a long way, to 2009, to be precise. It was then that Kanye stormed the MTV VMA stage, interrupting Swift’s acceptance speech. The episode garnered tremendous media attention, an outpouring of support for Taylor and scorn for Kanye. The two stars have had several run-ins since, with Swift penning a few thinly-veiled songs about Kanye and Kanye continuing to court controversy.

What is RICO?

Published on: July 5, 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?”

The Supreme Court this week issued a ruling that many experts believe cleared the way for criminal action against the international soccer organization FIFA. In its ruling, the Supreme Court said that the government is able, in certain cases, to bring charges involving international criminality in the U.S. judicial system using the RICO Act. The Court wrote that RICO is one of the rare and powerful statutes that allow for this kind of extraterritorial jurisdiction. To learn more about the RICO Act and how it is used to prosecute crimes, keep reading.

North Carolina Woman Wanted After Mother Found Dead In Freezer

Published on: June 14, 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?”

In a truly grim case out of Goldsboro, North Carolina, police say they are actively searching for a woman whose mother was found dead in a freezer. Police say that they have been able to identify the woman, who was 75 years old, and are now looking for the daughter she lived with prior to her untimely death.

Louisiana Tries To Protect Cops With New Hate Crime Legislation

Published on: June 2, 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?”

Hate crime legislation is designed to protect those who are victims of discrimination or violence perpetrated by others. The laws are written to provide this protection to groups based on ethnic, religious and, in some cases, gender or sexual orientation grounds. This means that should a person be attacked specifically because of his or her religion or national origin, the law would treat that attack differently than if religion or national origin had not been a factor, usually by increasing penalties.

Your Fingerprints Can’t Plead the Fifth, Federal Court Says

Published on: May 31, 2016 | On behalf of Arnold & Smith, PLLC

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

On this blog earlier in the year we talked about the FBI trying to force Apple to hack into the San Bernardino shooting suspect’s iPhone to help with the ongoing criminal investigation. Since then the topic of the governments’ rights to access password-protected information has exploded as a conversation piece as other cases have emerged. To date, law enforcement has succeeded in paying hackers to break into the San Bernardino phone and, in another case, jailed a defendant for seven months running for refusing to provide his password to unlock his hard drive in the ongoing criminal investigation against him.