Criminal Defense

Confusion exists surrounding legality of recording police officers

Published on: April 19, 2017 | 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?”

A recent incident in Wilmington highlighted an area of legal uncertainty. The case involved an Uber-driving criminal defense attorney, a smartphone and an irritated police officer. Though this particular dispute was resolved with a public apology by the Wilmington Police Department, it begs bigger questions about how other similar incidents might be handled in the future, especially if a case were to make its way to court. To learn more about the legal issues surrounding recording police officers in North Carolina, keep reading.

Were crimes committed related to Michael Flynn’s resignation?

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

In the days since Michael Flynn resigned as President Trump’s national security adviser, there have been a lot of questions and not many answers. Many still wonder exactly what transpired between Flynn and the Russian ambassador he now admits to having had contact with. Though we still don’t know the details of many of those conversations, we can discuss potential criminal aspects of Flynn’s resignation, of which there are several.

First, let’s talk about Flynn. Did he break any laws that could result in criminal action? There are two issues at play here: 1) the Logan Act and 2) potential false statements. First, the Logan Act is a piece of legislation that makes it a crime for a private citizen to communicate with a foreign government without proper authority in an attempt to influence the actions of the foreign government. The law is an oldie, but a goodie, having been signed back in 1799 by then President John Adams. The law resulted from actions by a state legislator who went behind the president’s back to try and negotiate a settlement to an undeclared war with France.

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.

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.

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.

New DWI Deadlines: One May Help Defendants, the Other Helps…Court Scheduling?

Published on: October 11, 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?”

Two (2) new deadlines for DWI trials in North Carolina took effect at the beginning of this month, and it’s a mixed bag for defendants.

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.

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.

North Carolina Moves To Block Release of Police Camera Footage

Published on: July 26, 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?”

North Carolina now joins the ranks of other states attempting to block the release of potentially inflammatory body camera footage. Earlier this month the governor, Pat McCrory, signed a bill into law that prevents law enforcement recordings, either from body cameras or dashboard cameras, from being released, except with very narrow exceptions. Though some officers have cheered the news, many other groups, including the ACLU and the state’s attorney general have offered criticism, saying the new law makes it harder to hold law enforcement accountable in the event of the use of excessive force.

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.