Criminal Charges

Facebook Torture Video Leads To Calls For Hate Crime Charges

Published on: January 10, 2017 | 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?”

The news became a national sensation almost immediately after it happened. A group of four black young people in Chicago attacked a mentally-challenged white teenager, tied him up with tape and proceeded to torture him while hurling racial epithets. The group also yelled derogatory things about President Elect Trump. Making matters even more heinous, the group broadcast the video, streaming it live on their Facebook feed.

Could “Faithless Electors” Face Criminal Penalties?

Published on: December 15, 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?”

In the divided political world of 2016, it’s something that conspiracy theorists love to discuss. What impact could a group of “faithless electors” have on the election results? Though individuals chosen to vote in the Electoral College have previously switched sides, at no time was it more controversial than it is today. Already, at least 9 people have come forward to identify themselves as being interested in voting contrary to the way in which their state’s popular vote outcome. These people have said they intend to vote for a consensus Republican candidate instead of Donald Trump, saying they cannot in good conscience vote for the man. Though political nerds love to discuss the potential mayhem this could cause in Washington, legal experts focus instead on the potential criminal implications should such faithless electors emerge.

The Rights You’ll Forfeit by not Calling Your DWI Attorney Over the Holidays

Published on: December 1, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “What steps should I be taking outside legal guidance to help my DWI case?”

With so many holidays right around the corner, we wanted to take this opportunity to remind everyone of the imperative of calling your attorney immediately if you are arrested or face new criminal charges this holiday season.

Could Trump Throw Hillary In Jail?

Published on: October 13, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?”

For those following the 2016 election, it’s been a very interesting past year or so, to say the least. No one could have predicted many of the headline-grabbing events that have occurred, including the most recent involving the release of a tape where Donald Trump made lewd comments regarding women. In an attempt to change the national conversation, Trump made a rather dramatic pronouncement at this weekend’s second presidential debate. According to Trump, if he wins in November, he will launch a criminal investigation of Hillary Clinton and her use of a private server while serving as Secretary of State. Though some cheered while others were left aghast, many more wondered whether such a thing is even possible. To find out more, keep reading.

Understanding No Contest and Alford Pleas

Published on: October 6, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?”

Everyone knows that you have the right to plead “not guilty” to criminal charges filed against you. Meanwhile, “guilty” pleas are usually used when a person is taking a plea bargain in exchange for a reduction in charges or sentencing from the prosecution.

Judge Rules for First Time that Feds Can’t Use Your Cell Phone as a Tracking Device Without Warrant

Published on: September 29, 2016 | On behalf of Arnold & Smith, PLLC

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

In what is reported as the first federal ruling of its kind, a federal judge in New York ruled this August that the government cannot use a fake cell tower known as a stingray to locate a drug suspect in his apartment. A stingray simulates a cell phone tower in order to determine a mobile phone’s physical location; the device acts to intercept data from a targeted phone and other information from other phones that are within its vicinity.

A Dank Car Alone Does Not Authorize Police to Search Your Person, Says NC Appeals Court

Published on: September 8, 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 has long been the case that police can claim they smell marijuana in order to gain the probable cause needed to search your person, vehicle or other personal property you have with you in states where the substance is still illegal.

China Gives Plea Bargaining A Try

Published on: September 6, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?”

Anyone who’s even remotely familiar with the criminal justice system or, for that matter, television shows revolving around the criminal justice system, has likely heard of plea-bargaining. Plea bargains are deals reached between defendants and prosecutors, which allow both sides to avoid the uncertainty of trial. Though plea bargains are incredibly common in the United States, they aren’t so common everywhere. Up until now, China’s criminal justice system has never allowed the use of a plea bargain, something that’s poised to change as of September 4^th. To learn more about the recent changes in Chinese criminal law, keep reading.

Criminal Law and the Ryan Lochte Mess

Published on: August 23, 2016 | 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?”

Anyone with access to the internet has likely heard about the mess Ryan Lochte and his fellow American Olympic swimmers recently got themselves into in Brazil. The group of four Olympians initially claimed that they were the victims of a robbery, appearing to be yet another example of how Rio is a dangerous place. Days later, a different story began to emerge, one which seems to indicate the group was behaving more like spoiled frat boys than heroic Olympians.

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.