Criminal Defense

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.

Armed Robber Jailed After Victim’s Facebook Suggested They Become Friends

Published on: June 7, 2016 | On behalf of Arnold & Smith, PLLC

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

The “People You May Know” section on Facebook is one of those love-it-or-hate-it features. Like so many other aspects of social media in an age where the law recognizes almost all social platform information as public domain, the friend suggestion tool raises privacy concerns for some people. Facebook essentially advertises your social media presence to people you are not—and perhaps for good reason—already friends with.

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.

U.S. Supreme Court Issues Decision In Race-Based Jury Selection Case

Published on: May 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?”

An important decision in a Georgia death penalty case was finally revealed after the Supreme Court spent more than seven months debating the matter. The High Court issued a 7-1 verdict reversing lower courts that had denied a death-row prisoner’s appeals based on racial bias. Though the man was not freed, the ruling does dramatically increase his chance at receiving a new, and hopefully fairer, trial.

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.

What you should know about the 1994 Crime Bill

Published on: April 21, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “When can I post on Social media about my ongoing case?”

A hot topic the past week or so has concerned a bill signed into law more than two decades ago. The 1994 Crime Bill has become important of late given the increasingly combative Democratic presidential primary, with Senator Bernie Sanders and his supporters citing the 1994 bill as an example of wrongheaded legislation embraced by Secretary Hillary Clinton, then First Lady. Senator Clinton has since had to distance herself from the 1994 bill and has begun to criticize certain aspects of the legislation, a dramatic turn of events given her and former President Bill Clinton’s once warm embrace of the anti-crime legislation.

Accused ISIS Supporter Stuck in Stateside Honeypot Trap

Published on: April 19, 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?”

A young man from Michigan is being accused of supporting the Islamic State by federal prosecutors after becoming involved in a so-called “honeypot trap.”

Does a Juror Have the Right to Acquit No Matter the Evidence?

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

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Do I need to hire an attorney if I have been falsely accused?”

Juries play an incredibly important role in our criminal justice system in determining the guilt or innocence of the accused. The topic of jury nullification is one of growing national debate. However, citizen, beware when it comes to spreading the word or even talking about practicing jury nullification anywhere near a courthouse. Courts vary in hostility towards the topic and doing so can have damaging consequences to the particular case and person. Where allowed, jury nullification allows a juror to vote Not Guilty according to conscience if they think there is enough evidence to convict a defendant but think that the sentence is in some way unfair or disproportionate, such as if:

New Study Further Questions Fingerprint Analysis; Challenging Pseudo-Science In Your Criminal Case

Published on: February 18, 2016 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?”

Forensic Magazine recently published an article about fingerprint analysis with exciting results for people facing criminal charges where fingerprint evidence might come in against them.

Bizarre “Moorish Defense” Continues Among Criminal Defendants

Published on: January 26, 2016 | On behalf of Arnold & Smith, PLLC

Brad Smith of Arnold & Smith, PLLC answers the question “Should I talk to the police?”

Normally when a person stands accused of committing a crime, he or she seeks out a skilled criminal defense attorney to help prepare the strongest defense possible. The goal is to rely on the lawyer’s legal expertise to ensure you achieve the best resolution possible. Curiously, some defendants appear to be more interested in pursuing a bizarre and unsuccessful approach, known as the “Moorish defense”. To find out more, keep reading.