Criminal Lawyer

Did Donald Trump Incite A Riot In North Carolina?

Published on: March 24, 2016 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I talk to the police?”

Though Donald Trump has had no shortage of press attention over the past few months, a special frenzy has begun recently over claims that the Republican presidential candidate is inciting violence against protesters, using fiery rhetoric to agitate his loyal supporters. One of several examples critics point to is what happened at a rally in Fayetteville, North Carolina, when a 78-year-old attendee sucker punched a young protester in the face.

Group Calls For Changes Concerning Eyewitness Identification

Published on: December 15, 2015 | On behalf of Arnold & Smith, PLLC

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.

Recent West Virginia Case Clarifies Rights Of Defendants

Published on: November 26, 2015 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question: “I was found not guilty of a charge, why does my record still show the charge?”

The West Virginia Supreme Court recently issued an important decision that will help clear up questions regarding the rights of criminal defendants when it comes to making plea deals. Though the impact of the case is currently limited only to those defendants located in West Virginia, expert say that the case will likely have implications elsewhere given the strength and clarity of the decision.

Social Media and Criminal Law

Published on: September 29, 2015 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I talk to the police?”

When most people think of detective work, they think of a scene out of Law & Order, with police officers kicking in doors or interviewing witnesses. While that’s certainly true in some cases, detectives are forced to adapt to and keep up with rapid technological change as much as those in any other industry. Detective work today happens online and, more specifically, on social media sites with more regularity than many people imagine. This access to the internet and to social media websites can prove incredibly useful to officers in some cases and frustrating in others.

North Carolina Teens Reach Deal With Prosecutors Over Sexting

Published on: September 15, 2015 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers : I was found not guilty of a charge, but my record still shows the charge

Two North Carolina teens have reached deals with prosecutors and are now able to move on with their lives, avoiding jail time and registration as sex offenders. Their cases illustrate the serious harm that can come from sexting as a minor. Their cases also reveal inconsistencies in North Carolina’s laws that may occasionally cause more harm than good.

10th anniversary of Hurricane Katrina brings new trial for officers convicted in Danziger Bridge shootings

Published on: September 3, 2015 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Attorney Brad Smith answers the question “If I simply intend to plead guilty, why do I need a lawyer?”

Saturday marked the tenth anniversary of Hurricane Katrina making landfall on the Gulf Coast. The breach of the levees protecting New Orleans resulted in 80 percent of the city submerged in floodwaters. Overall, the hurricane took the lives of over 1,800 people, many of whom lived in New Orleans.

Mistrial Declared In Charlotte Police Officer Manslaughter Case

Published on: August 25, 2015 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question “What is the difference between a misdemeanor and a felony?”

Charlotte-Mecklenburg police office Randall Kerrick avoided conviction on manslaughter charges last week when the North Carolina jury deadlocked, forcing the judge presiding over the case to declare a mistrial. Experts say it is unclear how prosecutors will move forward, whether they will bring Kerrick up on similar charges a second time or consider other options.

North Carolina Criminal Makes It Hard On His Defense Attorney

Published on: August 4, 2015 | On behalf of Arnold & Smith, PLLC

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

In a case that will surely make headlines across the country, a man from Clayton, North Carolina has been arrested after police say he left his wallet at the scene of the crime. Being arrested and charged with a crime is bad enough and often requires the skills of an experienced attorney to help defend your freedom and argue on behalf of innocence. Putting on a strong defense goes from merely difficult to nearly impossible when the burglar leaves behind a picture ID at the victim’s house. If recent news reports are true, this means that Joseph Alan Sherman’s attorney is going to need all the help he can get.

Law Firm Partner Faces Criminal Charges After Drunken Outburst On Flight From Charlotte

Published on: July 28, 2015 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: What are the long term effects of being convicted of a crime?

A partner at a major national law firm is currently experiencing the fallout from a series of bad decisions she made during a recent flight from Charlotte, NC to London. The case illustrates not only the dangers of mixing alcohol and prescription sleep drugs, but also the serious penalties that can result from misbehavior onboard an airplane.

Use of criminal law to address societal problems leads to over-criminalization

Published on: June 4, 2015 | On behalf of Arnold & Smith, PLLC

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.