North Carolina

Boating While Impaired can Have Dire Consequences

Published on: July 11, 2018 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?”

The Charlotte region is blessed with a number of boat worthy lakes including Lake Norman, Lake Wylie, Mountain Island lake and many others. With the warm weather of Summer comes the desire to be outside and boat on lakes, rivers, and the ocean. In addition to enjoying a day out on the water, people like to have a few drinks while doing so. This may seem fun and enjoyable in the moment, but there can be criminal charges that result.

What is a Conditional Discharge?

Published on: July 4, 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?”

Being charged with a crime in North Carolina can be scary. Suddenly, you are facing serious penalties and even a prison sentence that could be devastating to your life. In criminal cases, most people think of a defendant being found “guilty” or “not guilty.” Not guilty is the ideal finding in a criminal case, but that is not always the result. When defendants hear a guilty verdict, they might think that their lives are ruined. In criminal cases in North Carolina, there are some options for a defendant, even after a finding of guilt.

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.

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.

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.

Supreme Court To Hear Case Involving Minor Sentenced To 241 Years In Prison

Published on: January 17, 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?”

Those who follow issues involving criminal law may know that the United States is an outlier among other countries in the world when it comes to punishment of juvenile offenders. For years the U.S. was among only a small number of countries in the world where individuals could be sentenced to life without parole for crimes they committed as minors. That changed about eight years ago, bringing the U.S. somewhat more in line with practices in other developed nations. Though the change was heralded as a good thing by many, a recent case that was granted cert by the Supreme Court highlights the dangerous loopholes that still exist in current criminal practice.

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.