North Carolina

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.

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.

North Carolina Moves To Block Release of Police Camera Footage

Published on: July 26, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Am I allowed to videotape an interaction with police? Can they make me stop filming?”

North Carolina now joins the ranks of other states attempting to block the release of potentially inflammatory body camera footage. Earlier this month the governor, Pat McCrory, signed a bill into law that prevents law enforcement recordings, either from body cameras or dashboard cameras, from being released, except with very narrow exceptions. Though some officers have cheered the news, many other groups, including the ACLU and the state’s attorney general have offered criticism, saying the new law makes it harder to hold law enforcement accountable in the event of the use of excessive force.

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.

Louisiana Tries To Protect Cops With New Hate Crime Legislation

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

Charlotte Criminal Lawyer Brad Smith answers the question: “Am I allowed to videotape an interaction with police? Can they make me stop filming?”

Hate crime legislation is designed to protect those who are victims of discrimination or violence perpetrated by others. The laws are written to provide this protection to groups based on ethnic, religious and, in some cases, gender or sexual orientation grounds. This means that should a person be attacked specifically because of his or her religion or national origin, the law would treat that attack differently than if religion or national origin had not been a factor, usually by increasing penalties.

Your Fingerprints Can’t Plead the Fifth, Federal Court Says

Published on: May 31, 2016 | On behalf of Arnold & Smith, PLLC

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

On this blog earlier in the year we talked about the FBI trying to force Apple to hack into the San Bernardino shooting suspect’s iPhone to help with the ongoing criminal investigation. Since then the topic of the governments’ rights to access password-protected information has exploded as a conversation piece as other cases have emerged. To date, law enforcement has succeeded in paying hackers to break into the San Bernardino phone and, in another case, jailed a defendant for seven months running for refusing to provide his password to unlock his hard drive in the ongoing criminal investigation against him.

Aluminum-Covered Bank Robbers Foiled by Security Cameras

Published on: May 3, 2016 | On behalf of Arnold & Smith, PLLC

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

A busted pair of bank robbers in Brazil had resorted to an interesting method of disguise for their attempted heist: the duo covered themselves head to toe in aluminum foil for their early-morning raid.