criminal defendants

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.

Delayed discovery can delay justice in criminal cases

Published on: August 9, 2017 | On behalf of Arnold & Smith, PLLC

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.

U.S. Supreme Court Issues Decision In Race-Based Jury Selection Case

Published on: May 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?”

An important decision in a Georgia death penalty case was finally revealed after the Supreme Court spent more than seven months debating the matter. The High Court issued a 7-1 verdict reversing lower courts that had denied a death-row prisoner’s appeals based on racial bias. Though the man was not freed, the ruling does dramatically increase his chance at receiving a new, and hopefully fairer, trial.

Bizarre “Moorish Defense” Continues Among Criminal Defendants

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

Brad Smith of Arnold & Smith, PLLC answers the question “Should I talk to the police?”

Normally when a person stands accused of committing a crime, he or she seeks out a skilled criminal defense attorney to help prepare the strongest defense possible. The goal is to rely on the lawyer’s legal expertise to ensure you achieve the best resolution possible. Curiously, some defendants appear to be more interested in pursuing a bizarre and unsuccessful approach, known as the “Moorish defense”. To find out more, keep reading.

Recent West Virginia Case Clarifies Rights Of Defendants

Published on: November 26, 2015 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question: “I was found not guilty of a charge, why does my record still show the charge?”

The West Virginia Supreme Court recently issued an important decision that will help clear up questions regarding the rights of criminal defendants when it comes to making plea deals. Though the impact of the case is currently limited only to those defendants located in West Virginia, expert say that the case will likely have implications elsewhere given the strength and clarity of the decision.