Lake Norman

Challenging an Order of Protection in North Carolina

Published on: May 30, 2018 | 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?”

Most everyone can agree that violence against another person is wrong. North Carolina law has a system in place to protect those who have been abused at the hands of a spouse or partner through an order of protection. While orders of protection are excellent tools for people to feel secure and safe, they are not always warranted or correctly granted. Therefore, a defense attorney who is able to challenge an order of protection that may have been granted against you can help. Before you can challenge an order of protection, though, it is essential to understand what exactly an order of protection is and the types you might encounter.

Five Types of Property Crime in North Carolina

Published on: May 16, 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?”

Criminal law is complex. There are many crimes that can be committed under the same “type” of offense and there are different levels of severity for each crime. In North Carolina, there are many different crimes that can be committed to/on property. The following are the most common types of property crime in North Carolina.

Defenses to Criminal Domestic Violence Charges

Published on: May 2, 2018 | 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?”

North Carolina prosecutors vigorously prosecute domestic violence cases. This strict approach is in response to the general public’s feeling that abuse among partners is heinous and should not be acceptable. As such, a defendant facing a criminal domestic violence charge needs to be equipped with the best defenses possible. The following are common defenses used in domestic violence cases.

Supreme Court Throws Out Federal Immigration Law

Published on: April 18, 2018 | 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 a blow to federal immigration officials and the politicians, like President Trump, who have taken a hard line as it relates to the issue, the U.S. Supreme Court found an element of an important immigration law unconstitutional. The law is a significant one in that it has served as the basis for deporting thousands of immigrants in the U.S. who are convicted of committing what it deems “serious” crimes. Those convictions, which critics say could be for even relatively minor infractions, then result in deportation, even for immigrants with a long and stable history in the U.S.

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 Sides With Small Business Owner In Criminal Tax Case

Published on: March 28, 2018 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?”

When most people imagine the IRS, the first thing that comes to mind is the prototypical big, bad government bureaucracy. The IRS is the kind of institution that sets rules and never loses. That is why when the IRS comes calling, most people do what they can to comply and get out of the way. Challenging the IRS seldom ends well and, as a result, is not commonly done. Thankfully, some people are willing to run the risk of getting on the wrong side of the IRS. That’s what happened recently with a small business owner from Buffalo, NY who fought the IRS and, to the surprise of many, won.

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.

Cash Bail Under Fire In New York

Published on: March 7, 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?”

We have discussed bail before. Specifically, we have discussed the ways in which the current bail system in place in many states is designed in such a way that disadvantages the poor and minority communities. The bail system allows those with money or access to money to avoid incarceration, while punishing those without financial resources by remaining behind bars. Many argue bail is even worse than simply inequitable, it reinforces and even exacerbates financial disparities in the criminal justice system. When a poor person is not able to make bail, he or she will then spend weeks or months behind bars awaiting trial. During this time he or she will likely become unemployed and create substantial hardship for the family left behind, making it even harder to reintegrate as a productive member of society.

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.