Criminal Defense Technology

North Carolina Court Rules Further on Drug ID

Published on: November 14, 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?”

Criminal charges and the subsequent trial that follow can raise legal questions for North Carolina courts. There are always new issues that arise and new considerations to be taken into account. Recently, the North Carolina Court of Appeals has further expanded upon drug identification in criminal cases. The appeals court has ruled on drug identification at different points throughout the year, but this new ruling adds in an extra wrinkle to identifying drugs.

Courts Allow Computers To Weigh In On Criminal Cases

Published on: February 7, 2018 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”

If you have seen the movie “Minority Report” starring Tom Cruise, you are familiar with some of the scary and seemingly futuristic ways that technology could come to influence the criminal justice system. Though we are not in danger of implementing some of the most terrifying ideas found in the movie, it is undoubtedly true that technological advancements are playing a greater and greater role in courthouses all across the country. We must all begin to grapple with these changes and decide how far we are comfortable letting computers and artificial intelligence shape our justice system.

Should Tech Companies Share Information With Defendants As Well As With Prosecutors?

Published on: January 24, 2018 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “When can I post on Social media about my ongoing case?”

It likely comes as no surprise to most people that the things they post online, particularly on the big social media sites, are seldom kept private for long. As users become savvier, they have learned that details once put on the internet seldom disappear. People may also understand that the tech companies behind these popular social media sites cooperate with prosecutors in criminal cases and will even share information with the government, provided they receive a valid court order or search warrant. What many may not understand is that the digital details shared with prosecutors are not similarly available to defense attorneys, leading to an often-troubling disparity in information.

Supreme Court Agrees To Decide Case Concerning Cellphone Privacy

Published on: June 7, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?”

As technology improves, it’s all but guaranteed that some enterprising criminal will find new ways to perpetrate crimes. After all, where there’s a will, it won’t be long until there’s a way. Though technological advancement has proven useful for those perpetrating crimes, it’s proven to be even more of a boon for those investigating criminal matters. Police have stayed several steps ahead of the courts, taking advantage of ambiguities in the law to use technology for their benefit.

Fitbit Used In Murder Investigation

Published on: May 10, 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?”

We’ve discussed before the impact that technology can and will continue to have when it comes to criminal investigations. Just recently, police in Arkansas made use of an Amazon Echo to contradict the story of a suspect whose friend was found dead in his home. Police have far more sources of information and evidence than ever before, something that could have a real impact on future criminal investigations.

Prosecutors Seek Info From Amazon Echo To Help Solve Murder Case

Published on: January 5, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “When can I post on Social media about my ongoing case?”

The news that prosecutors have asked Amazon to release data from its Echo personal assistant grabbed headlines across the country this past week. The tech industry has been abuzz with one of the industry leaders embroiled in a dispute with law enforcement. Privacy advocates have been alarmed by the effort to further invade a person’s home, a formerly sacred space. Finally, the law enforcement community is up in arms, arguing that if information exists which could solve a murder it should be brought to light to assist victims rather than protected to help suspects.

New York Governor Signs Law Criminalizing Use of Ticket-Buying Bots

Published on: December 6, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”

If you’ve ever tried to buy tickets to a concert or other popular live event you understand the frustration felt by many. It can be downright impossible to get tickets to especially hot performances and the reason seldom has to do with other fans. Instead, automated ticketing purchasing software, known as “bots”, frequently scoop up huge numbers of tickets before few if any real people get the chance to buy. This leads to dramatically inflated prices with the bots reselling these tickets on the secondary market. It’s a deal that’s bad for fans and also bad for venues and the artists who aren’t getting the benefit of the higher prices being charged on the secondary market. Everyone, except the bots, lose.

Are law enforcement officials collecting pictures of your face?

Published on: November 29, 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?”

Most people assume that if they’ve never been arrested and charged with a crime, there’s no way their personal information would be inside a criminal database. After all, as the name implies, criminal databases collect information about and concerning crimes and criminals, not ordinary citizens. Though it’s certainly understandable why you might assume that, you’d be wrong. As reported in a recent piece by NPR, law enforcement agencies across the country have amassed a collection of images of 50 percent of Americans’ faces. How did they get them and what are they doing with them? To find out, keep reading.

Pokémon Go: Helping, and Annoying, Police Since 2016

Published on: August 30, 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?”

Whether you’re an avid catcher of Pikachus or are convinced the era of technology taking over is upon us, you’ve no doubt noticed Pokémon’s rather public reentrance into society lately. Advocates have lauded Pokémon Go’s ability to get gamers off the couch and moving…and get them moving it has. Some have walked straight into varying degrees of trouble with the law, including one man with an open warrant for his arrest who wandered by his local police station to battle his creatures there. Other reports have fallen more on the crime fighting side—two Go players helped catch a man wanted for attempted murder, and one woman found a dead body in her Pokémon Go meanderings.

Georgia Court Says Recording “Upskirt” Videos Not A Crime

Published on: August 11, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “I was found not guilty of a charge, buy my record still shows the charge. What is going on?”

Most people would instinctively assume that secretly recording a woman wearing a skirt from below would qualify as some kind of crime. The act is undoubtedly inappropriate, disturbing and invasive. Though these things would appear to indicate criminal activity, a recent appeals court in Georgia confirmed that, at least in that state, taking such “upskirt” videos is not illegal.