criminal justice system

Help! Police Arrested My Teenager!

Published on: June 30, 2021 | 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?”

Your teenager has been arrested by the Charlotte Police Department, and you have received a disturbing call on the phone. It is going to be tough, but try not to panic. Your child needs you to stay focused and in charge. Children make mistakes. It is our job as adults to make sure those mistakes do not become a criminal record that follows good kids for the rest of their lives. The following are some things to consider if you ever find yourself in this situation. And of course, if your son or daughter has been arrested, the best thing you can do is reach out to an experienced criminal defense lawyer in Charlotte right away.

Wrongful Convictions and Racial Disparities in North Carolina’s Criminal Justice System

Published on: November 25, 2020 | 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?”

North Carolina’s criminal courts use the highest burden of proof for convictions and imprisonment. However, even the highest burden of proof may not protect innocent defendants from racial disparities and biases within the criminal justice system.

Who is Considered a Minor in North Carolina?

Published on: June 26, 2019 | 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?”

It is not surprising that minors and adults are treated differently under the law when it comes to committing crimes. Minors are still learning and growing into adults and often face less stringent repercussions for committing, or being accused of a crime than an adult committing the same crime. This begs the question, who is considered a minor for crimes committed in North Carolina? Is there always a strict age defining a minor, or can the age of minority shift depending on the crime?

Is Necessity a Defense to a DWI?

Published on: November 28, 2018 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “How can an attorney help me with my DWI?”

After being charged with a crime, your mind might be reeling. Suddenly, you are thrust into the criminal justice system and are trying to figure out what to do next. Driving while impaired (DWI) is a common charge in North Carolina, otherwise known as drunk driving. An experienced DWI attorney can help qualm your fears and prepare the best possible defense for you. One defense to a DWI that is not always the first to come to mind is necessity. In some instances, it could be a valid defense to a DWI. This is not to say that using necessity as a defense will be an automatic “win,” but instead one of the many defenses that might be used to defend the individual facing a DWI charge.

Cash Bail Under Fire In New York

Published on: March 7, 2018 | On behalf of Arnold & Smith, PLLC

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

We have discussed bail before. Specifically, we have discussed the ways in which the current bail system in place in many states is designed in such a way that disadvantages the poor and minority communities. The bail system allows those with money or access to money to avoid incarceration, while punishing those without financial resources by remaining behind bars. Many argue bail is even worse than simply inequitable, it reinforces and even exacerbates financial disparities in the criminal justice system. When a poor person is not able to make bail, he or she will then spend weeks or months behind bars awaiting trial. During this time he or she will likely become unemployed and create substantial hardship for the family left behind, making it even harder to reintegrate as a productive member of society.

Plea Bargaining and Criminal Law

Published on: May 3, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question:”What is an expungement?”

https://www.youtube.com/watch?v=wRNgcf2GsDY

When most people think of the criminal justice system, they likely imagine something similar to an episode of Law & Order. Police officers testifying, prosecutors and defense attorneys arguing, judges slamming gavels and jurors listening in rapt attention. According to experts, while this may be the way things happen on television, it is most assuredly not typical in the real world. An overwhelming majority of cases are resolved through plea bargaining, something that few people fully understand despite the important impact it has on our criminal justice system.

California Lawmakers Move To Close Criminal Loophole

Published on: September 1, 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?”

Everyone has likely heard of the Stanford sexual assault case by now, the one involving Brock Turner, the former college athlete who was convicted of sexually assaulting an unconscious woman in a parking lot on campus. That case, and the lenient sentence that resulted, caused a media firestorm. The victim chose to publicly release her impact statement, leading to an outpouring from millions around the world, including the Vice President.

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:

Adult Punishment For Juvenile Offenders Leads To Early Death

Published on: November 17, 2015 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith of Arnold & Smith, PLLC answers the question: A past conviction is keeping me from finding work what can I do?

We’ve previously discussed the harms that can occur when children are charged with adult crimes and made to serve out punishment in adult prisons. Such heavy-handed tactics can prove counterproductive, creating young people who are far more likely to reoffend and live the life of a criminal rather than that of a productive member of society.