North Carolina

Vandalism and North Carolina’s Hate Crime Law

Published on: October 27, 2015 | On behalf of Arnold & Smith, PLLC

Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question: What are the long term effects of being convicted of a crime?

Police officers in North Carolina are on alert after a recent incident of vandalism left many unsettled. The graffiti wasn’t merely an eyesore, but instead advocated for members of the community to physically harm police officers. Now the local police chief is saying he thinks the behavior goes beyond simple vandalism and ought to be considered a hate crime. To find out more about the recent incident, including what qualifies as a hate crime under North Carolina law, keep reading.

Self-defense argument ineffective as former Raleigh teacher is found guilty of first-degree murder

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

J. Bradley Smith of Arnold & Smith, PLLC answers the question “What is the difference between a misdemeanor and a felony?”

Joanna Madonna was found guilty of first-degree murder on Monday, September 28^th, in what had been a highly publicized trial in the North Carolina capital. The former Wake County schoolteacher and 48-year-old mother was sentenced to life in prison for the Father’s Day murder of her husband Jose Perez. Madonna was convicted of first-degree murder, which means the jury found that Madonna acted maliciously and with premeditation. The jury found that Madonna took her husband, who was a recovering alcoholic with serious health issues, on a drive through northern Wake County, shot and stabbed him, and left him to die in a ditch.

North Carolina Teens Reach Deal With Prosecutors Over Sexting

Published on: September 15, 2015 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers : I was found not guilty of a charge, but my record still shows the charge

Two North Carolina teens have reached deals with prosecutors and are now able to move on with their lives, avoiding jail time and registration as sex offenders. Their cases illustrate the serious harm that can come from sexting as a minor. Their cases also reveal inconsistencies in North Carolina’s laws that may occasionally cause more harm than good.

Teen sexting case highlights severity of N.C. sex offender laws

Published on: September 10, 2015 | On behalf of Arnold & Smith, PLLC

Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can the police search my car without a warrant?”

A North Carolina teenager faces felony sex crime charges after police discovered sexually explicit photographs of a sixteen-year-old girl on his cell phone. Cormega Copening is a seventeen-year-old high school student at Jack Britt High School. Copening was playing quarterback on the football team before being forced to sit out because of the felony investigation. The Fayetteville youth was arrested and charged with violating state law prohibiting the transfer of “sexually explicit” photographs of minors when police discovered nude photographs of Copening and his sixteen-year-old girlfriend on his phone. Police found the photographs by asking his mother, who pays the bill, if she would permit a search of the cell phone so the police might look for any possible evidence in a separate investigation of statutory rape. Copening was not a suspect in that investigation. During the search, the police discovered the nude photos of Copening and his then girlfriend.

North Carolina Legislators Consider Creating New “Cyberstalking” Crime

Published on: September 8, 2015 | 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?”

As technology continues to change and grow increasingly complex, so do the opportunities for unsavory characters to misuse it. The proliferation of GPS and other advanced tracking technology has meant that it is often alarmingly easy to monitor the movement of others. Smartphones and social media often serve as vital assistants to those who may want to keep track of others, unknown digital informers of a person’s whereabouts.

9-year-old stabbed to death by 13-year-old brings attention to criminal juvenile court system

Published on: September 2, 2015 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith of Arnold & Smith, PLLC answers the question “What is an expungement?”

A very sad case out of Michigan recently made headlines involving a 13-year-old boy on trial for murder. The case is especially tragic because the 13-year-old stands accused of killing a 9-year-old, stabbing him to death at a neighborhood playground.

Life imitates art in Big Lebowski-esque wrong-car smashup

Published on: May 19, 2015 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC responds to “The person that called the police doesn’t want to press charges, can I still be prosecuted?”

A twenty-two-year old Florida man brought a scene from Joel and Ethan Cohen’s 1998 feature film The Big Lebowski to life last week by accidentally smashing up a stranger’s car in a fit of misdirected rage.

Visiting child’s school will now necessitate fingerprinting, criminal background checks

Published on: May 14, 2015 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers: A past conviction is keeping me from finding work what can I do?

The mother of a Pennsylvania third grader has learned, in an indirect way, the ages-old axiom that “good facts make bad 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.

Prison is far from an ideal place to be pregnant

Published on: March 24, 2015 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: What are the long term effects of being convicted of a crime?

Like countless mothers across the United States, Laura Strange spent two hours cradling her newborn daughter Haley in her arms. Unlike most mothers, however, the twenty-five-year-old’s ankle was cuffed to her hospital bed, and those first two hours with Haley were likely the last Strange will spend with her daughter for the next two years.