defense lawyer

I’m Innocent: Do I Still Need an Attorney?

Published on: October 5, 2022 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Do I need to hire an attorney if I have been falsely accused?”

Every day, thousands of people across the country are arrested on criminal charges. In North Carolina, there are more than 100,000 people serving time in prison after a criminal conviction. The criminal justice system is as fair as possible, but there are times when an innocent person is wrongly convicted. Unfortunately, just because you know you are not guilty does not mean that you will not be convicted. It is critical that you defend the charges against you. This is best accomplished with help from an experienced criminal attorney. You do not need to try to defend yourself. Instead, count on the expertise of a skilled lawyer to assist you through the legal process.

What are Mitigating Circumstances for Crimes in North Carolina?

Published on: March 11, 2020 | 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?”

If you are facing criminal charges in North Carolina, your potential sentence for the offense could be reduced if “mitigating circumstances” are found. In North Carolina, felony sentences depend on whether any mitigating or aggravating circumstances exist.

Common Embezzlement Defenses an Attorney May Use in Your Case

Published on: August 7, 2019 | 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?”

Embezzlement is a form of securities fraud. It is widely known as a ‘white-collar’ crime. The State of North Carolina can charge someone with embezzlement if it believes he or she stole money for personal gain while in a position of authority. The most common example of embezzlement occurs when an employee misappropriates funds that belong to his or her employer.

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.

Armed Robber Jailed After Victim’s Facebook Suggested They Become Friends

Published on: June 7, 2016 | On behalf of Arnold & Smith, PLLC

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

The “People You May Know” section on Facebook is one of those love-it-or-hate-it features. Like so many other aspects of social media in an age where the law recognizes almost all social platform information as public domain, the friend suggestion tool raises privacy concerns for some people. Facebook essentially advertises your social media presence to people you are not—and perhaps for good reason—already friends with.

Is Genuine Need Ever Justification For Committing Crime? In Italy, Maybe So

Published on: May 17, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “The person that called the police doesn’t want to press charges, can I still be prosecuted?”

A man in Italy found himself in the odd situation of having a conviction overturned not because he didn’t do the crime, but because the court decided he shouldn’t have been punished for it in the first place. The case, oddly similar to the storyline of “Les Miserables”, has garnered substantial attention both in Italy and abroad, with experts debating whether the appellate court was right to throw out the conviction.

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.

Author says parents of teens need a criminal defense attorney on speed dial

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

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Do I need to hire an attorney if I have been falsely accused?”

If you are a parent and your child is a teenager, you need a criminal defense lawyer.

So writes author Lisa Green in her new book On Your Case: A compassionate (and Only Slightly Bossy) Legal Guide for Every Stage of a Woman’s Life. Green cites numerous examples in her book showing how even good intentions and seemingly harmless actions can balloon into criminal charges for unsuspecting teens—and parents.

Green writes that parents of teenagers need a criminal defense attorney on speed dial for more than criminal charges. What if, for instance, a school administrator asks a teenager to hand over his or her cell phone because he or she was accused of sending inappropriate text messages? The child or young adult has not been charged with a crime, but citizens—including children and young adults—have Constitutional rights, and those rights extend to investigations.

School administrators can search a cell phone, a laptop, a book bag or any other item belonging to a student only if they have reasonable suspicion that a child has engaged in criminal activity. If a search request is made, Green writes, a child or young adult should refuse the request and ask to call one’s parents.