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Articles Posted in Criminal Defense Technology

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How Slow Motion Can Harm Criminal Defendants

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”   It’s something you may never have thought about: what impact does slow motion video have on your perception of an event? Your first reaction may be, nothing. After all, slow motion is…

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North Carolina Moves To Block Release of Police Camera Footage

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…

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Taylor Swift, Kim Kardashian, Kanye West and the criminal implications of secret recordings

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…

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Streamers Beware, Sharing Your Passwords May Now Be A Federal Crime

Charlotte Criminal Lawyer Brad Smith answers the question: “How is getting charged with a crime on a college campus different from being charged off campus?”   Almost everyone these days shares passwords for one streaming service or another. It could be HBO, Netflix, Hulu, possibly Spotify. A friend or family…

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Cyberbullying law overturned by North Carolina Supreme Court

Charlotte Criminal Lawyer Brad Smith answers the question: “My relationship is ending and they are threatening to call the police, how can I help myself?”   Cyberbullying has been in the news a lot in recent months and years, with experts finally catching on to the harm that can be…

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Armed Robber Jailed After Victim’s Facebook Suggested They Become Friends

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”   The “People You May Know” section on Facebook is one of those love-it-or-hate-it features. Like so many other aspects of social media in an age where the law recognizes almost all social platform…

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

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…

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Social Media Presents New Opportunities For Self Incrimination

Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “Is there more than one way for police to charge a person with DWI?”   A recent incident in New York reveals yet another way in which social media has made it easier…

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Federal Judge Uses 18th-Century Law to Order Apple to Aid In Criminal Investigation Against Search and Seizure Law Considerations

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?”   In a potentially groundbreaking move, a federal judge ordered Apple to assist law enforcement with decrypting of the iPhone…

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New Study Further Questions Fingerprint Analysis; Challenging Pseudo-Science In Your Criminal Case

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?”   Forensic Magazine recently published an article about fingerprint analysis with exciting results for people facing criminal charges where fingerprint evidence might come in against them. The February 2016 article discusses…

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