Crime

Georgia Court Says Recording “Upskirt” Videos Not A Crime

Published on: August 11, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “I was found not guilty of a charge, buy my record still shows the charge. What is going on?”

Most people would instinctively assume that secretly recording a woman wearing a skirt from below would qualify as some kind of crime. The act is undoubtedly inappropriate, disturbing and invasive. Though these things would appear to indicate criminal activity, a recent appeals court in Georgia confirmed that, at least in that state, taking such “upskirt” videos is not illegal.

Murder Victim’s Wife Receives Husband’s Gruesome Autopsy Photos in Mail

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

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

If you’ve already been convicted of a crime but are sitting in jail awaiting sentencing, criminal defense lawyers will normally advise you to stay on your best behavior. The lag time between conviction and sentencing leaves any jailhouse behavior subject to the sentencing judge’s scrutiny.

Is Genuine Need Ever Justification For Committing Crime? In Italy, Maybe So

Published on: May 17, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “The person that called the police doesn’t want to press charges, can I still be prosecuted?”

A man in Italy found himself in the odd situation of having a conviction overturned not because he didn’t do the crime, but because the court decided he shouldn’t have been punished for it in the first place. The case, oddly similar to the storyline of “Les Miserables”, has garnered substantial attention both in Italy and abroad, with experts debating whether the appellate court was right to throw out the conviction.

Court Declares Anti-Gang Legislation Unconstitutional

Published on: April 12, 2016 | 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?”

Lawmakers frequently look for new ways to appear tough on crime. In Tennessee, one popular approach was to target gang members with enhanced criminal sentencing guidelines. Though the law was a popular one among prosecutors, a state court recently struck it down as being unconstitutional, forcing legislators and prosecutors to go back to the drawing board to find legally acceptable ways of cracking down on gang crime.