Supreme Court

What is the North Carolina Innocence Inquiry Commission?

Published on: March 15, 2023 | On behalf of Arnold & Smith, PLLC

What is the North Carolina Innocence Inquiry Commission?

If you were wrongfully convicted of a crime in North Carolina, there is something you can do about it. Besides filing an appeal, your case might qualify for review by the North Carolina Innocence Inquiry Commission. The Commission has the legal authority to evaluate and make a determination of innocence based on new information or evidence. The NCIIC recently celebrated its 15th anniversary.

What is the North Carolina Innocence Inquiry Commission?

What is Considered a Crime Against Nature in North Carolina?

Published on: September 16, 2020 | 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?”

https://youtu.be/Uh7nLM7xVBw

While many states no longer use the term “crime against nature” to criminalize sex acts between two consenting adults, the state of North Carolina still uses the offense to punish wrongdoers.

U.S. Supreme Court to Hear Case on Implied Consent

Published on: February 13, 2019 | 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?”

Only a small percentage of cases make their way to the United States Supreme Court. The case of State v. Mitchell is one of the chosen few that will be heard by the justices in the coming term. The case revolves around the issue of implied consent. State v. Mitchell originated in Wisconsin, but its content is not a stranger to North Carolina. The North Carolina Supreme Court heard a case about implied consent in State v. Romano. In Romano, the North Carolina court found that withdrawing blood from an unconscious DWI suspect violated the Fourth Amendment because there was no exigent circumstance.

What is a Speedy Trial?

Published on: December 12, 2018 | 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?”

If you watch any TV crime drama, you will likely hear the phrase “right to a speedy trial.” This phrase is thrown about in many television scenes, but most people do not know what that means in real life. For most, a speedy trial means that criminal charges and prosecution must be done as quick as possible. Determining what the court finds to be “quick,” however, varies on many different factors.

Supreme Court Throws Out Federal Immigration Law

Published on: April 18, 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?”

In a blow to federal immigration officials and the politicians, like President Trump, who have taken a hard line as it relates to the issue, the U.S. Supreme Court found an element of an important immigration law unconstitutional. The law is a significant one in that it has served as the basis for deporting thousands of immigrants in the U.S. who are convicted of committing what it deems “serious” crimes. Those convictions, which critics say could be for even relatively minor infractions, then result in deportation, even for immigrants with a long and stable history in the U.S.

Jury Secrecy Might Not Be Guaranteed After all

Published on: March 8, 2017 | On behalf of Arnold & Smith, PLLC

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

Lots of juicy television police procedurals spend time showing what goes on during jury deliberations. The deliberations often make for good television because of the interest people have in what goes on behind the scenes, a space usually out of view to most people. It’s fun to imagine what real jurors have to say to one another, something that in the real world, criminal defendants don’t have the luxury of knowing. The reason for the interest is that in almost all cases, a jury’s deliberations are meant to be secret.

Supreme Court Tackles Immigrant Deportation Case

Published on: January 17, 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?”

The Supreme Court will soon hear an important case touching on several hot topics: immigration, deportation and crime. The Court will weigh into the thorny issue of how much power the government should have to deport immigrants who are found to have committed criminal acts. The case comes at an especially heated time given the recent election and heated rhetoric surrounding the topic of immigration, legal and otherwise.

Sex Offenders and Social Networks

Published on: November 8, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?”

The U.S. Supreme Court has agreed to hear North Carolina’s law that bans registered sex offenders from using or even accessing any social media that allows those under 18 to post, which includes Facebook, Twitter, Snapchat and more.

Criminal Disenfranchisement and Voting Rights: 2 Steps Forward, 3 Back

Published on: September 22, 2016 | 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?”

Virginia’s Supreme Court ruled this July that its governor’s decision to restore voting rights to over 200,000 felons violates the state’s constitution. The court ruled 4 to 3 that Gov. Terry McAuliffe overstepped his executive powers when he issued an en-masse order in April that restored voting rights to all of the state’s ex-offenders who are no longer incarcerated, on probation, or on parole.

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.