Criminal Lawyer

Incarceration Reimbursement

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

Charlotte Criminal Lawyer Brad Smith answers the question: “If I am charged by campus police could I still face jail time or probation?”

When most people think of paying a “debt to society” the first thing that comes to mind is time behind bars. The phrase is used to evoke some kind of sacrifice, almost always of time and freedom, that is “paid” to atone for some kind of misbehavior. A recent article discusses how the idea of paying a debt to society is being taken literally in many cases, with a seriously detrimental impact on some.

Jury Secrecy Might Not Be Guaranteed After all

Published on: March 8, 2017 | On behalf of Arnold & Smith, PLLC

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

Lots of juicy television police procedurals spend time showing what goes on during jury deliberations. The deliberations often make for good television because of the interest people have in what goes on behind the scenes, a space usually out of view to most people. It’s fun to imagine what real jurors have to say to one another, something that in the real world, criminal defendants don’t have the luxury of knowing. The reason for the interest is that in almost all cases, a jury’s deliberations are meant to be secret.

Supreme Court Tackles Immigrant Deportation Case

Published on: January 17, 2017 | On behalf of Arnold & Smith, PLLC

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

The Supreme Court will soon hear an important case touching on several hot topics: immigration, deportation and crime. The Court will weigh into the thorny issue of how much power the government should have to deport immigrants who are found to have committed criminal acts. The case comes at an especially heated time given the recent election and heated rhetoric surrounding the topic of immigration, legal and otherwise.

Is there such a thing as interstellar criminal law?

Published on: December 20, 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?”

Here in the U.S. we’re used to applying multiple levels of criminal laws. There are local ordinances, state laws and federal statutes and someone’s behavior can, at times, implicate all three. Though it’s fairly new, an emerging area of interest is international law and the punishments that can occur when crimes are committed by someone abroad. Taking things one step further, what happens if a crime is committed in space? A recent article in the Washington City Paper explored this unusual question.

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.

Double Jeopardy: Feds and State Can Still Both Charge You for Same Conduct

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

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

When the Utah jury acquitted a man named Roberto Román of first-degree murder of an officer of the peace, Román and his attorney breathed sighs of relief.

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.