Huntersville

Could Copyright Law Help Prevent Spread of Mugshots Online?

Published on: April 4, 2018 | On behalf of Arnold & Smith, PLLC

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

A woman named Julie Cantu recently experienced one of the (many) negative aspects of today’s information age. While out on a first date, the man asked her several normal get-to-know-you questions, but then included an odd one about whether she had experienced any brushes with the law. Julie was perplexed about the question and when she got home Googled herself. She was horrified to discover that there, after her LinkedIn photo, was another, much less flattering one: her mugshot from years before when she was arrested for drunk driving.

Supreme Court Ruling Means That Bond Hearings May Be Denied To Immigrants

Published on: March 14, 2018 | 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?”

It may come as a surprise to some that the right to bond, or at least the right to a hearing to determine if bond will be granted, is not a right afforded equally and to everyone. In a recent decision by the U.S. Supreme Court, it is now clear that the right to periodic bond hearings does not exist for many immigrants, even ones with permanent legal status or those seeking asylum. In practice, this means that certain categories of immigrants could be held for months, years, even indefinitely, without a right to petition a judge for bond.

Iowa’s “Stand Your Ground” Law Put To The Test In Recent Case

Published on: February 21, 2018 | On behalf of Arnold & Smith, PLLC

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

Stand Your Ground laws have been around for more than a decade now, with Florida serving as one of the first states to pass such legislation back in 2005. Though not a novel concept, the laws are new in some states. In these places where the laws are new, the local judiciary may be unfamiliar with how to apply the laws, meaning there is a bit of a learning curve in the months and even years following passage. This can be problematic for both prosecutors and defendants, as neither knows what to expect.

Civil Forfeiture Under Attack In Michigan

Published on: February 14, 2018 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?”

We have discussed civil asset forfeiture before and how there is growing consensus around the country that the practice has many negatives and unfairly impacts those who are already among the most vulnerable. The system enriches local law enforcement departments, allowing them to seize the personal property of individuals who may never be charged with a criminal offense. Critics have long complained about the practice and those complaints seem to finally be catching the attention of lawmakers empowered to pass meaningful reforms.

Courts Allow Computers To Weigh In On Criminal Cases

Published on: February 7, 2018 | 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 have seen the movie “Minority Report” starring Tom Cruise, you are familiar with some of the scary and seemingly futuristic ways that technology could come to influence the criminal justice system. Though we are not in danger of implementing some of the most terrifying ideas found in the movie, it is undoubtedly true that technological advancements are playing a greater and greater role in courthouses all across the country. We must all begin to grapple with these changes and decide how far we are comfortable letting computers and artificial intelligence shape our justice system.

Legislators In Alabama Take Aim At Civil Asset Forfeiture Law

Published on: January 31, 2018 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?”

We have discussed civil asset forfeiture many times before, usually noting the ways in which the practice is used to unfairly seize assets from often-innocent individuals, enriching law enforcement agencies at the expense of the public. Given how lucrative civil asset forfeiture can be for law enforcement agencies across the country, there is little incentive for states to take action to reform the broken system. Thankfully, legislators in one state appear to be ready for a change and are considering important revisions to the existing law.

Should Tech Companies Share Information With Defendants As Well As With Prosecutors?

Published on: January 24, 2018 | 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?”

It likely comes as no surprise to most people that the things they post online, particularly on the big social media sites, are seldom kept private for long. As users become savvier, they have learned that details once put on the internet seldom disappear. People may also understand that the tech companies behind these popular social media sites cooperate with prosecutors in criminal cases and will even share information with the government, provided they receive a valid court order or search warrant. What many may not understand is that the digital details shared with prosecutors are not similarly available to defense attorneys, leading to an often-troubling disparity in information.

Florida Legislature Moves Forward With Plan To Allow Retroactive Criminal Law Changes

Published on: December 13, 2017 | 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?”

When we think of the law we often imagine rules that are set in stone. The law is meant to remain constant, allowing certainty over time and consistent treatment, two ways of ensuring that justice is meted out equally. Given the general presumption of consistency, a recent proposal under consideration in Florida has garnered attention. The plan will allow the state legislature to make new criminal laws retroactive, in certain cases. To learn more about what the plan would mean for residents of Florida, keep reading.

Florida Court Decides Whether Cars Count As Deadly Weapons

Published on: December 6, 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?”

When you think of deadly weapons most people imagine the classics: guns and knives. Crimes that include heightened penalties for being committed with deadly weapons thus typically involve defendants who had a gun or knife in their possession at the time. Though this is true in many cases, there are plenty of other items that have been deemed deadly weapons. The Florida Supreme Court will soon weigh in on this issue and decide whether an automobile ought to be deemed a deadly weapon.

Certificates of Relief

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

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

We have previously discussed the important changes that will soon go into effect regarding expungements in North Carolina. The law is set to change and will make it easier for more people to wipe the slate clean, deleting from their criminal history certain one-time mistakes that have continued to haunt them years into the future. But what if you do not qualify for expungement? Even though the laws have been loosened to allow more people to experience the benefit of expungement, there are still numerous restrictions that exclude many people in North Carolina.