Board Certified Family Law Specialist Matt Arnold answers the question: “How is social media evidence used in divorce proceedings?”
When we think of arguments involving the First Amendment and free speech, we often conjure up images of brave people taking stands on important topics. There are a number of landmark Supreme Court cases devoted to the subject, all examples of the power of the Constitution, which permits citizens to stand up and say or do what they want, even if it’s unpopular.
Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?”
It’s been a few years now since the U.S. Supreme Court issued a landmark DUI decision in Birchfield v. North Dakota. That case represented a major development in drunk driving jurisprudence and the impact continues to be felt across the country. Since the Supreme Court issued its opinion, state courts have struggled to interpret the decision and decide how it impacts cases that were pending prior to its issuance.
Charlotte Criminal Lawyer Brad Smith answers the question: “If I have an outstanding warrant, what should I do?”
To the surprise of many who once thought it impossible, there appears to be growing pressure across the country to make changes to the current bail system in place in most jurisdictions. Recent reform efforts have succeeded in a handful of states, while efforts are underway in many others to push for change. Chief among them, legislators in California have started the process of addressing the broken bail system and a change in a state as large as California could quickly send ripple effects across the country.
Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”
Criminal cases are seldom very exciting. Though TV and movies would have you believe differently, the reality is that court rules and procedures restrict what participants are able to do spur of the moment and instead try and make the process more predictable. It is quite rare for a prosecutor or defense attorney, even more so, a judge, to make a decision or take an action seemingly out of the blue.
Charlotte Criminal Lawyer Brad Smith answers the question: “If I have an outstanding warrant, what should I do?”
The mugshot is something that an average person would immediately associate with a brush with the law. The assumption is that anyone and everyone who is arrested or convicted of a crime must have been booked and had his or her mugshot taken. While that is true in many cases, it is not the case all the time. A recent high-profile case dealt with exactly this issue and ended with the defendant being ordered by a judge to report to have his mugshot taken.
Charlotte Criminal Lawyer Brad Smith answers the question: “How is getting charged with a crime on a college campus different from being charged off campus?”
The incident over the weekend in Charlottesville, VA where neo-Nazis and white supremacists gathered to protest the removal of Confederate statues resulted in the tragic death of a young woman. According to authorities, the woman was a counter protestor and was standing on a street corner with others shouting down the assembled white supremacists. James Alex Fields, Jr. is said to have driven his vehicle onto the sidewalk, striking several counter protestors and killing one.
Charlotte Criminal Lawyer Brad Smith answers the question:”What is an expungement?”
Most people do not spend time worrying about things like the discovery process. It is legalistic and confusing to those not familiar with the criminal justice system. Though it can be complicated, it is incredibly important and worth understanding. Discovery is meant to shed light on evidence, creating transparency in a justice system that can, at times, be troublingly opaque. As a recent article in the New York Times demonstrates, the discovery process can sometimes go wrong and, when it does, it can have serious consequences.
Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”
It can sometimes seem like we have seen it all before. This is especially true in the criminal law world, where crimes are seldom novel, but often sad cycles continually repeating themselves. Though this is true in some cases, a recent prosecution in Massachusetts demonstrates that individuals can still find new ways to run afoul of the law and, when that happens, it can raise important questions about how these groundbreaking cases ought to be handled.
Charlotte DWI Lawyer Brad Smith answers the question: “Do I have to perform the field sobriety tests when I’m pulled over for DWI in NC?”
One of the things that critics of marijuana legalization have long argued is that by opening the door to marijuana you would encourage other criminal infractions, with pot serving as a kind of gateway to all sorts of bad behaviors. This could include increased use of stronger drugs, commission of petty crimes and increases in rates of impaired driving. A recent study commissions by the Philadelphia Federal Reserve comes to the opposite conclusion, finding that marijuana legalization in Colorado ushered in even lower crime rates. To learn more, keep reading.
Charlotte Criminal Lawyer Brad Smith answers the question: “Should I clean up my social media profile after being charged?”
We have discussed civil asset forfeiture cases previously, noting each time how these important matters tend to happen under the radar. Few people understand that the police have the power to simply take a person’s property. Even fewer realize just how low the burden of proof is in many states to justify the seizure of property. Thankfully, after a recent investigative report by a news organization in Chicago, the matter received significant attention, enough to prompt the legislature to take action.
Charlotte Criminal Lawyer Blog