Mecklenburg

Editorial Proposes Radical Idea To Reduce Police Violence: Decriminalize Traffic Violations

Published on: April 5, 2017 | On behalf of Arnold & Smith, PLLC

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

When most people think about their last interaction with a police officer it almost always involves a traffic stop. A person was speeding or not wearing a seat belt or ran a red light or was talking on a cellphone and a cop does what cops do and pulls the person over. This traffic stop can serve as a window to other, potentially more serious things. For instance, the cop could use the traffic infraction as an excuse to investigate other, potentially unrelated, crimes. In some especially tragic instances, the traffic stop can prove deadly, with officers engaging in violence.

Is sloppiness enough to justify murder conviction?

Published on: March 30, 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?”

A big case that gripped the nation several years ago has finally come to a close. The case, against the owner and head pharmacist at the New England Compounding Center, garnered tremendous public attention after a fungal meningitis outbreak back in 2012 resulted in injuries to hundreds and death to 64 people. It turned out that tainted injections from the NECC, a compounding pharmacy located outside of Boston, were responsible. In a surprise to many, prosecutors went after the owner not only for things like racketeering and mail fraud, but also charged him with 25 counts of second-degree murder.

Court Seeks to Limit Use of Solitary Confinement

Published on: February 15, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question:”A past conviction is keeping me from finding work. What can I do?”

For many people, what goes on inside the walls of a prison isn’t the focus of much attention. Most seem content to embrace the idea that what’s out of sight should be kept out of mind. Unfortunately, this tendency to ignore sometimes-difficult issues allows the issues to continue to cause harm.

Is there such a thing as interstellar criminal law?

Published on: December 20, 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?”

Here in the U.S. we’re used to applying multiple levels of criminal laws. There are local ordinances, state laws and federal statutes and someone’s behavior can, at times, implicate all three. Though it’s fairly new, an emerging area of interest is international law and the punishments that can occur when crimes are committed by someone abroad. Taking things one step further, what happens if a crime is committed in space? A recent article in the Washington City Paper explored this unusual question.

New York Governor Signs Law Criminalizing Use of Ticket-Buying Bots

Published on: December 6, 2016 | 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’ve ever tried to buy tickets to a concert or other popular live event you understand the frustration felt by many. It can be downright impossible to get tickets to especially hot performances and the reason seldom has to do with other fans. Instead, automated ticketing purchasing software, known as “bots”, frequently scoop up huge numbers of tickets before few if any real people get the chance to buy. This leads to dramatically inflated prices with the bots reselling these tickets on the secondary market. It’s a deal that’s bad for fans and also bad for venues and the artists who aren’t getting the benefit of the higher prices being charged on the secondary market. Everyone, except the bots, lose.

The Rights You’ll Forfeit by not Calling Your DWI Attorney Over the Holidays

Published on: December 1, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “What steps should I be taking outside legal guidance to help my DWI case?”

With so many holidays right around the corner, we wanted to take this opportunity to remind everyone of the imperative of calling your attorney immediately if you are arrested or face new criminal charges this holiday season.

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.

How Slow Motion Can Harm Criminal Defendants

Published on: August 2, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”

It’s something you may never have thought about: what impact does slow motion video have on your perception of an event? Your first reaction may be, nothing. After all, slow motion is just a helpful way of understanding what happened without losing details in a blur of activity. Though that sounds like a reasonable response, researchers indicate it isn’t true. A recent study showed that watching footage in slow motion can skew the viewer’s perception of the event, allowing them to infer intention where they might not have otherwise.

Taylor Swift, Kim Kardashian, Kanye West and the criminal implications of secret recordings

Published on: July 19, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”

For pop culture junkies the Taylor Swift/Kanye West feud dates back a long way, to 2009, to be precise. It was then that Kanye stormed the MTV VMA stage, interrupting Swift’s acceptance speech. The episode garnered tremendous media attention, an outpouring of support for Taylor and scorn for Kanye. The two stars have had several run-ins since, with Swift penning a few thinly-veiled songs about Kanye and Kanye continuing to court controversy.

What is RICO?

Published on: July 5, 2016 | 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?”

The Supreme Court this week issued a ruling that many experts believe cleared the way for criminal action against the international soccer organization FIFA. In its ruling, the Supreme Court said that the government is able, in certain cases, to bring charges involving international criminality in the U.S. judicial system using the RICO Act. The Court wrote that RICO is one of the rare and powerful statutes that allow for this kind of extraterritorial jurisdiction. To learn more about the RICO Act and how it is used to prosecute crimes, keep reading.