Criminal Lawyer

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.

Murder Victim’s Wife Receives Husband’s Gruesome Autopsy Photos in Mail

Published on: May 24, 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?”

If you’ve already been convicted of a crime but are sitting in jail awaiting sentencing, criminal defense lawyers will normally advise you to stay on your best behavior. The lag time between conviction and sentencing leaves any jailhouse behavior subject to the sentencing judge’s scrutiny.

President Obama Moves To “Ban the Box” For Federal Jobs

Published on: May 19, 2016 | 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?”

The “Ban the Box” movement appears to be picking up steam across the country as more and more states pass measures aimed at removing a hurdle that often discourages those with criminal records from even trying to find work. President Obama has now waded into the issue, moving on the federal level to end the practice of pre-screening for previous criminal infractions. Advocates of “Ban the Box” measures are celebrating the victory, though believe much work remains to be done before those with criminal records truly have a fair shot at finding gainful employment.

Board Recommends Parole for Charles Manson Disciple Leslie Van Houten

Published on: May 5, 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?”

Manson Family member Leslie Van Houten was finally recommended for parole by a parole board panel this April after having been denied 19 times.

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.