Charlotte Criminal Lawyer Blog

Massachusetts Case Raises Questions of Cyberbullying and Free Speech

Published on: August 2, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”

It can sometimes seem like we have seen it all before. This is especially true in the criminal law world, where crimes are seldom novel, but often sad cycles continually repeating themselves. Though this is true in some cases, a recent prosecution in Massachusetts demonstrates that individuals can still find new ways to run afoul of the law and, when that happens, it can raise important questions about how these groundbreaking cases ought to be handled.

Legal Marijuana Appears To Lower Crime, According To Recent Study

Published on: July 26, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “Do I have to perform the field sobriety tests when I’m pulled over for DWI in NC?”

One of the things that critics of marijuana legalization have long argued is that by opening the door to marijuana you would encourage other criminal infractions, with pot serving as a kind of gateway to all sorts of bad behaviors. This could include increased use of stronger drugs, commission of petty crimes and increases in rates of impaired driving. A recent study commissions by the Philadelphia Federal Reserve comes to the opposite conclusion, finding that marijuana legalization in Colorado ushered in even lower crime rates. To learn more, keep reading.

Illinois Legislature Approves Changes To Civil Forfeiture Law

Published on: July 19, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I clean up my social media profile after being charged?”

We have discussed civil asset forfeiture cases previously, noting each time how these important matters tend to happen under the radar. Few people understand that the police have the power to simply take a person’s property. Even fewer realize just how low the burden of proof is in many states to justify the seizure of property. Thankfully, after a recent investigative report by a news organization in Chicago, the matter received significant attention, enough to prompt the legislature to take action.

Should crime pay?

Published on: July 12, 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?”

Bank robbery is very good demonstration of the maxim that crime very rarely pays off. Studies have shown that you might be able to make off with a few thousand dollars (at most, most bank robberies don’t even result in a large haul), but your chances of getting caught are extremely high. Once you’re caught, the money disappears, you’re forced to pay for a criminal defense attorney and then, depending on the facts, you may get slapped with serious penalties, including jail time. The upside is minimal, the downside is tremendous. That’s by design, the aim of the criminal justice system is to dissuade criminal acts. But what if the upside were higher? What if a criminal was able to profit from a crime? Is that even possible? To learn more about what happens if you try and make crime pay, keep reading.

Police in Atlanta say overdose allows man to avoid DUI charge

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

Charlotte DWI Lawyer Brad Smith answers the question: “Is there more than one way for police to charge a person with DWI?”

Typically, when you imagine a person using drugs or alcohol while driving you would expect that to lead rather quickly to a drunk driving charge. Though this is exactly the sort of situation that DUI/DWI crimes were meant to address, a recent incident in Atlanta highlights an odd facet of the system. According to law enforcement authorities, the fact that one driver was so far gone, clearly impaired and destructive, meant he actually managed to avoid a DUI charge. Now let’s explain why.

Does appearance impact criminal sentencing?

Published on: June 28, 2017 | On behalf of Arnold & Smith, PLLC

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

A commonly repeated trope of the criminal justice system is that lady justice is blind. We say this because we hope that all are treated fairly before the law. The hope is that only evidence, cold hard facts, play a role in determining guilt or innocence, not a person’s money, family, background, race, or looks. Though there are reasons to doubt how true this is in practice, especially in years past, it’s been an ideal worth striving for. A recent study appears to indicate that there is plenty of room left to strive, concluding that a person’s physical appearance can have an impact on criminal sentencing.

What is a mistrial?

Published on: June 21, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?”

It’s been more than 10 years in the making, but the criminal case revolving around Bill Cosby came to the end, rather quietly, over the weekend. Though people have speculated for some time that Cosby had behaved inappropriately if not outright criminally with many dozens of women over the decades, it wasn’t clear whether any prosecutor would be able to make charges stick, especially so many years after the incidents were alleged to have occurred. One in Norristown, Pennsylvania tried and ultimately failed to convince a jury that Cosby was guilty of aggravated indecent assault.

What is obstruction of justice?

Published on: June 14, 2017 | On behalf of Arnold & Smith, PLLC

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

After former FBI director James Comey’s recent testimony before Congress, the media has been awash in conversation about obstruction of justice. The question on many minds is whether Comey’s testimony made a sufficiently compelling case for obstruction of justice charges, something that could land President Trump in serious legal hot water. But what is obstruction of justice and what might happen in this case even if it is found to have occurred? To find out, keep reading.

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.

New Iowa Forfeiture Law Doesn’t Go Far Enough

Published on: May 31, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “If I am charged by campus police could I still face jail time or probation?”

It’s something relatively few people have experienced (thankfully), but if and when you do, the practice likely comes as a terrible surprise. Police, unbeknownst to many, have the right in many states to stop people and seize assets they believe might have some connection to a criminal act. These seizures can take place without first convicting a person of committing a crime and, in some cases, even without ever charging the person with a crime. The practice likely seems shocking given that it appears to run counter to one of the foundational ideas of the American criminal justice system: that all people should be treated as innocent until proven guilty.