Articles Posted in Federal Cases

2-1How You Can Help Your Attorney With Your Criminal Defense

When you are charged with a crime, it is probably one of the most difficult and challenging times in your life. Regardless of whether you were charged with a misdemeanor or felony, you could be facing some serious penalties that may include a jail sentence, fines, community service, and more. If you are found guilty, you will have a criminal record that could restrict your ability to buy a home, rent an apartment, enter college, and more.

You will want to partner with an experienced criminal defense attorney to vigorously defend the charges and get the best possible outcome. While your attorney will handle the many legal issues, there are some things you can do to help make the process easier and to assist your attorney throughout your defense.

2State and Federal Drug Charges: What is the Difference?

When you have been charged with a drug crime, the offense is likely serious. You could face a number of severe penalties if you are found guilty. Drug charges can be confusing, especially because there are various state or federal drug charges that could apply in your case. It is helpful to understand the types of charges and potential penalties for drug crimes in North Carolina.

Types of Controlled Substances

Charlotte Criminal Lawyer Brad Smith answers the question: “Do I need to hire an attorney if I have been falsely accused?”

Being charged with a federal crime is a very stressful and frightening experience. Many people who are facing federal charges do not know what happens after they are arrested, receive a target letter, or their criminal case in North Carolina is taken to federal court.

Charlotte Criminal Lawyer Brad Smith answers the question: “If I have an outstanding warrant, what should I do?”

RICO stands for the Racketeer Influenced and Corrupt Organizations Act, a federal law created in the 1970s to fight organized crime. Law enforcement agencies devote extensive resources to prosecute and convict individuals who take part in organized crime schemes.

In the days since Michael Flynn resigned as President Trump’s national security adviser, there have been a lot of questions and not many answers. Many still wonder exactly what transpired between Flynn and the Russian ambassador he now admits to having had contact with. Though we still don’t know the details of many of those conversations, we can discuss potential criminal aspects of Flynn’s resignation, of which there are several.

American-Flag-Charlotte-Criminal-Lawyer-300x217First, let’s talk about Flynn. Did he break any laws that could result in criminal action? There are two issues at play here: 1) the Logan Act and 2) potential false statements. First, the Logan Act is a piece of legislation that makes it a crime for a private citizen to communicate with a foreign government without proper authority in an attempt to influence the actions of the foreign government. The law is an oldie, but a goodie, having been signed back in 1799 by then President John Adams. The law resulted from actions by a state legislator who went behind the president’s back to try and negotiate a settlement to an undeclared war with France.

Charlotte Criminal Lawyer Brad Smith answers the question:”What is an expungement?”

The Chief Prosecutor of the International Criminal Court (ICC) recently announced that people responsible for serious environmental crimes could be prosecuted by the court. The announcement represents a shift for the ICC, which has long focused on prosecuting warlords and tyrants for crimes committed against humanity.

Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?”

A young man from Michigan is being accused of supporting the Islamic State by federal prosecutors after becoming involved in a so-called “honeypot trap.”

Charlotte DWI Attorney Brad Smith answers the question “If I simply intend to plead guilty, why do I need a lawyer?”

Saturday marked the tenth anniversary of Hurricane Katrina making landfall on the Gulf Coast.  The breach of the levees protecting New Orleans resulted in 80 percent of the city submerged in floodwaters.  Overall, the hurricane took the lives of over 1,800 people, many of whom lived in New Orleans.

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I ever plead guilty to a charge?”

An American retail flooring company is facing criminal charges for alleged violations of Chinese law.

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?”

 

Kenneth Lamont Clark runs a strip club and his patrons pay for their entertainment with cash. A lot of cash. So when deputies in Harnett County who were partnering with a United States Drug-Enforcement Agency task force pulled over and searched Clark, they found cash. Lots of it. Two stops—the first on Feb. 26, 2013 and the second on March 12, 2014—netted law-enforcement officials some $130,000.

Police exercise Charlotte Criminal Lawyer Mecklenburg DWI AttorneyClark was not issued a citation in either of the stops, nor was he charged with a crime. Nonetheless, since the deputies who pulled Clark over claimed drug-sniffing dogs “alerted to drugs” in his vehicle, they seized Clark’s money.

Federal law allows agents to seize currency that “was used, or intended to be used, in exchange for controlled substances, or [currency that] represents proceeds of trafficking in controlled substances[.]” North Carolina law contains no similar forfeiture law. In order to get around that, local law-enforcement agencies partner with law-enforcement officers in federal agencies. Under a program called “equitable sharing,” if local law-enforcement officials make the bust, they get to keep most of the money seized.

Last month, United States Attorney General Eric Holder issued an order placing more restrictions on the seizure of assets pursuant to the equitable-sharing program. The restrictions mean that it will be tougher for local law-enforcement officials to seize and keep proceeds of alleged criminal activity unless the alleged criminal activity “relates to public safety concerns, including firearms, ammunition, explosives, and property associated with child pornography.”

Continue reading

Contact Information