Criminal Lawyer

New York Governor Signs Law Criminalizing Use of Ticket-Buying Bots

Published on: December 6, 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?”

If you’ve ever tried to buy tickets to a concert or other popular live event you understand the frustration felt by many. It can be downright impossible to get tickets to especially hot performances and the reason seldom has to do with other fans. Instead, automated ticketing purchasing software, known as “bots”, frequently scoop up huge numbers of tickets before few if any real people get the chance to buy. This leads to dramatically inflated prices with the bots reselling these tickets on the secondary market. It’s a deal that’s bad for fans and also bad for venues and the artists who aren’t getting the benefit of the higher prices being charged on the secondary market. Everyone, except the bots, lose.

North Carolina Man Charged In False Clown Sighting Incident

Published on: September 20, 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?”

If you’ve been following the news closely you’ve likely seen articles about a recent rash of clown sightings. The stories have popped up everywhere, in North Carolina, Minnesota, Wisconsin, Ohio and many other places, including some international sightings. Though little has been reported in the way of harm, the reports of clowns roaming around late at night has been enough to unsettle many people, assuming that there must be a sinister motivation.

Attorneys Permanently Disbarred for Setting Up Opposing Counsel for DUI Mid-Trial

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

Charlotte DWI Lawyer Brad Smith answers the question: “Is there more than one way for police to charge a person with DWI?”

The Florida Supreme Court recently ruled to permanently disbar two Tampa civil attorneys for one of the most movie-plot-level setups the Court said it had ever seen: setting up their opposing counsel for a DUI arrest in the middle of trial.

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.

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.

Man Recycles Plot from Seinfeld for $1000 in Bottle Refunds, Gets Hit With Felony

Published on: August 9, 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?”

After a plot straight from the popular sitcom Seinfeld went awry, a Michigan man is facing five (5) years in prison for a felony count of beverage return of non-refundable bottles.

Streamers Beware, Sharing Your Passwords May Now Be A Federal Crime

Published on: July 12, 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?”

Almost everyone these days shares passwords for one streaming service or another. It could be HBO, Netflix, Hulu, possibly Spotify. A friend or family member likely paid and let you use their password to gain access. Despite the ubiquity of this behavior, a recent federal court decision might give users sharing passwords cause for concern.

North Carolina Woman Wanted After Mother Found Dead In Freezer

Published on: June 14, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question:”A past conviction is keeping me from finding work. What can I do?”

In a truly grim case out of Goldsboro, North Carolina, police say they are actively searching for a woman whose mother was found dead in a freezer. Police say that they have been able to identify the woman, who was 75 years old, and are now looking for the daughter she lived with prior to her untimely death.

Louisiana Tries To Protect Cops With New Hate Crime Legislation

Published on: June 2, 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?”

Hate crime legislation is designed to protect those who are victims of discrimination or violence perpetrated by others. The laws are written to provide this protection to groups based on ethnic, religious and, in some cases, gender or sexual orientation grounds. This means that should a person be attacked specifically because of his or her religion or national origin, the law would treat that attack differently than if religion or national origin had not been a factor, usually by increasing penalties.

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.