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,…
Charlotte Criminal Lawyer Blog
Mistrial Declared In Charlotte Police Officer Manslaughter Case
J. Bradley Smith of Arnold & Smith, PLLC answers the question “What is the difference between a misdemeanor and a felony?” Charlotte-Mecklenburg police office Randall Kerrick avoided conviction on manslaughter charges last week when the North Carolina jury deadlocked, forcing the judge presiding over the case to declare a…
Court Tackles Implied Consent Law
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?” The Minnesota Court of Appeals recently issued a long-awaited opinion concerning the constitutionality of the state’s implied consent law. The Appeals Court affirmed…
Fourth Circuit Rules Warrant Required For Cell Records
Charlotte DWI Lawyer Brad Smith answers : I was found not guilty of a charge, but my record still shows the charge Just last week the Fourth Circuit Court of Appeals tackled a subject that is becoming increasingly important in criminal investigations: cellphone records. Courts across the country often…
Civil Suit Looms for Wealthy Raleigh Couple Found Not Guilty of Aiding Underage Drinking at Wedding
Charlotte DWI Lawyer Brad Smith of Arnold & Smith, PLLC answers the question “What should I do if I have been pulled over and I have been drinking ?” As the Kerrick trial dominates the Charlotte headlines, a different trial attracted the attention of Raleigh residents last week. On…
North Carolina Criminal Makes It Hard On His Defense Attorney
Charlotte Criminal Lawyer Brad Smith answers the question: What is an expungement? In a case that will surely make headlines across the country, a man from Clayton, North Carolina has been arrested after police say he left his wallet at the scene of the crime. Being arrested and charged…
Law Firm Partner Faces Criminal Charges After Drunken Outburst On Flight From Charlotte
Charlotte DWI Lawyer Brad Smith answers the question: What are the long term effects of being convicted of a crime? A partner at a major national law firm is currently experiencing the fallout from a series of bad decisions she made during a recent flight from Charlotte, NC to…
Rescue of Carrie Underwood’s baby and dogs locked in vehicle serves as reminder of North Carolina’s Good Samaritan law.
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?” Carrie Underwood tried to warn us ten years ago of the damage she can inflict on a vehicle. In her 2005 hit song,…
Use of criminal law to address societal problems leads to over-criminalization
J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I ever plead guilty to a charge?” The passage of the Controlled Substances Act by the United States Congress in 1970 represented perhaps the largest single legislative effort to address societal problems by use of the criminal…
High court invokes ancient legal principle to throw out man’s social-media conviction
J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?” The United States Supreme Court has thrown out the conviction of a man who prosecutors accused of threatening his wife, coworkers, a kindergarten class and law-enforcement officials in online social-media…