Criminal Defense Technology

How Slow Motion Can Harm Criminal Defendants

Published on: August 2, 2016 | On behalf of Arnold & Smith, PLLC

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 just a helpful way of understanding what happened without losing details in a blur of activity. Though that sounds like a reasonable response, researchers indicate it isn’t true. A recent study showed that watching footage in slow motion can skew the viewer’s perception of the event, allowing them to infer intention where they might not have otherwise.

North Carolina Moves To Block Release of Police Camera Footage

Published on: July 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?”

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 McCrory, signed a bill into law that prevents law enforcement recordings, either from body cameras or dashboard cameras, from being released, except with very narrow exceptions. Though some officers have cheered the news, many other groups, including the ACLU and the state’s attorney general have offered criticism, saying the new law makes it harder to hold law enforcement accountable in the event of the use of excessive force.

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

Published on: July 19, 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?”

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 acceptance speech. The episode garnered tremendous media attention, an outpouring of support for Taylor and scorn for Kanye. The two stars have had several run-ins since, with Swift penning a few thinly-veiled songs about Kanye and Kanye continuing to court controversy.

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

Published on: July 12, 2016 | On behalf of Arnold & Smith, PLLC

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 member likely paid and let you use their password to gain access. Despite the ubiquity of this behavior, a recent federal court decision might give users sharing passwords cause for concern.

Cyberbullying law overturned by North Carolina Supreme Court

Published on: June 21, 2016 | On behalf of Arnold & Smith, PLLC

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 caused to people, especially young people, by electronic harassment. Stories of children and teens suffering depression, anxiety and, in the most tragic cases, committing suicide due to online abuse have prompted state legislatures into action, with the vast majority passing laws against electronic forms of harassment.

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

Published on: June 7, 2016 | On behalf of Arnold & Smith, PLLC

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 information as public domain, the friend suggestion tool raises privacy concerns for some people. Facebook essentially advertises your social media presence to people you are not—and perhaps for good reason—already friends with.

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

Published on: May 31, 2016 | On behalf of Arnold & Smith, PLLC

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 then the topic of the governments’ rights to access password-protected information has exploded as a conversation piece as other cases have emerged. To date, law enforcement has succeeded in paying hackers to break into the San Bernardino phone and, in another case, jailed a defendant for seven months running for refusing to provide his password to unlock his hard drive in the ongoing criminal investigation against him.

Social Media Presents New Opportunities For Self Incrimination

Published on: March 10, 2016 | On behalf of Arnold & Smith, PLLC

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 for law enforcement authorities to track and convict criminals. Over the weekend, a man on Long Island decided to livestream his late night drunk driving, broadcasting his reckless conduct to the world on Periscope. According to authorities, they were able to use the live video feed to determine the suspect’s location and arrest him. Not only did the livestream facilitate the man’s arrest, but it also provided ample evidence for authorities seeking to gain a criminal conviction.

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

Published on: February 22, 2016 | On behalf of Arnold & Smith, PLLC

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 that belonged to one of the San Bernardino shooters.

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

Published on: February 18, 2016 | On behalf of Arnold & Smith, PLLC

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.