Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”
“You have the right to remain silent…”, a phrase that almost all of us know, but few truly understand. The words are part of what has become known as a Miranda Warning or Miranda Rights. The Miranda Warning started 50 years ago in June and, in that time, has become deeply imbedded not only in criminal law, but in popular culture. Given the upcoming anniversary, now is a good time to spend a moment diving a bit deeper and learn what the Miranda Rights are and how they came to be.
Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “If I simply intend to plead guilty, why do I need a lawyer?”
It’s often the most dramatic scene in any legal TV show or movie: the moment when the witness on the stand points to the person who committed the crime. Though this moment can make for great TV and is often portrayed as an authoritative identification, the reality is far murkier. Critics of current law enforcement practices involving witness identification say that reform is badly needed as innocent men and women go to prison due to faulty IDs. To find out more about the current process and the changes some say are needed, keep reading.
Charlotte DWI Lawyer Brad Smith answers : I was found not guilty of a charge, but my record still shows the charge
Today marks the start of the Supreme Court’s new term. Last year was a remarkable year, with important decisions touching on issues such as healthcare, gay marriage and privacy rights. This year appears to be no less interesting; with the court announcing that it would hear a range of controversial cases including ones on abortion rights and affirmative action. Amidst the more attention-getting cases, there are others of equal importance, including a very interesting one in the criminal realm about just how seriously the Sixth Amendment ought to be taken.
J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I ever plead guilty to a charge?”
The passage of the Controlled Substances Act by the United States Congress in 1970 represented perhaps the largest single legislative effort to address societal problems by use of the criminal law.
J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I talk to the police?”
A man after a woman’s heart may be prone to a bit of puffery, but legislators in New Jersey want to criminalize that puffery when it rises to the level of deception.
J. Bradley Smith of Arnold & Smith, PLLC responds to “The person that called the police doesn’t want to press charges, can I still be prosecuted?”
A twenty-two-year old Florida man brought a scene from Joel and Ethan Cohen’s 1998 feature film The Big Lebowski to life last week by accidentally smashing up a stranger’s car in a fit of misdirected rage.
Charlotte DWI Lawyer Brad Smith answers the question: What are the long term effects of being convicted of a crime?
People far older and wiser than me have told me a person can stay young at heart if one never allows oneself to lose the kind of childlike fascination with even the everyday, mundane matters of life. Of course, the older we get, the more jaded we become, the more ordinary things seem, and the greater the tendency becomes to accept the world as it is, to question nothing, to stare straight ahead and move along.
Charlotte DWI Lawyer Brad Smith answers the question: What are the long term effects of being convicted of a crime?
The political battle over voting rights in North Carolina has focused in recent years on the issue of photo identification. One side of the political battle wants to require voters to produce valid, photo identification at polling places, while the other side contends that this requirement infringes upon the voting rights of citizens.
J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I ever plead guilty to a charge?”
The criminal law, it is said, evolves as technology does, and criminal codes and doctrines grow to fit the new circumstances and technologies that criminals, would-be criminals and unknowing criminals commit. It should come as no surprise, then, that longstanding criminal doctrines are being applied to actions taken on devices that have become ubiquitous in modern American life: phones.
Except, devices that people carry around these days have come a long way from the banana-sized box lawyer Johnny Cochran made famous carrying around in the early-to-mid 1990s. It is said that the law cannot keep pace with society, evolving about twenty years slower than the culture, but even the United States Supreme Court has caught on to the uniqueness of the modern “cell phone,” calling the devices “minicomputers that also happen to have the capacity to be used as a telephone” in a landmark case last year called Riley v. California.
In that case, the high court unanimously rejected the United States government’s position that when a person is arrested, a law-enforcement officer is entitled to seize everything off the arrestee’s phone. The court ruled officers need a warrant to do that.
Phones—or whatever one calls them nowadays—are still bringing individuals into criminal jeopardy, however, as a recent case from Massachusetts illustrates.
J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?”
Tech industry insiders are guffawing at new cybersecurity initiatives unveiled by the Obama administration. According to insiders familiar with the proposals, new cybersecurity-targeted criminal laws will make criminals of us all.
According to Paul Wagenseil of Tom’s Guide US, the proposed changes to the 1984 Computer Fraud and Abuse Act would “make many commonplace security research practices—and media reporting on those practices—federal crimes.”
Nate Cardozo, an attorney with the Electronic Frontier Foundation in San Francisco, California, told researchers and intellectual property professionals at a Washington, D.C. conference that sharing passwords for online accounts or even sharing an HBO “GO” password with a friend could constitute felonies under the proposed legislation. HBO—short for “Home Box Office”—is a cable-television based distributor of movies and entertainment programs.
In sum, the proposals “broaden the definition of computer crime and stiffen penalties for existing crimes,” with maximum penalties for violations being pushed from ten years to twenty years.
Charlotte Criminal Lawyer Blog
