law-enforcement

Involuntary Commitment Does Not Trigger Miranda, Court Rules

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

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

To many people, involuntary commitment in a psychiatric facility seems like the equivalent of jail when it comes to restricting your freedoms; for some, it could be considered even worse. However, the majority of the N.C. Court of Appeals feels differently, with a divided panel recently ruling that a man who was involuntarily committed after he tried to kill himself was not in custody for Miranda warning purposes.

Federal Judge Uses 18th-Century Law to Order Apple to Aid In Criminal Investigation Against Search and Seizure Law Considerations

Published on: February 22, 2016 | 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?”

In a potentially groundbreaking move, a federal judge ordered Apple to assist law enforcement with decrypting of the iPhone that belonged to one of the San Bernardino shooters.

Another Criminal Court Rules On Case Concerning Drug-Sniffing Dogs

Published on: December 8, 2015 | On behalf of Arnold & Smith, PLLC

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

In 2013, the U.S. Supreme Court heard an important case concerning the use of drug-sniffing dogs. As is often the case following an important Supreme Court ruling, states and lower courts have since struggled with how to implement the new rule and apply it to similar, though not identical, fact patterns.

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.

Police officer seeks dismissal of conviction related to fantasy of killing, eating women

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

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?”

The prosecution of a former New York City police officer who federal prosecutors say participated in “a concerted criminal plot to kidnap and eat women” has raised concerns that his case will set a precedent for so-called “thought-crime” prosecutions.