Charlotte Criminal Lawyer Blog

Is sloppiness enough to justify murder conviction?

Published on: March 30, 2017 | On behalf of Arnold & Smith, PLLC

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

A big case that gripped the nation several years ago has finally come to a close. The case, against the owner and head pharmacist at the New England Compounding Center, garnered tremendous public attention after a fungal meningitis outbreak back in 2012 resulted in injuries to hundreds and death to 64 people. It turned out that tainted injections from the NECC, a compounding pharmacy located outside of Boston, were responsible. In a surprise to many, prosecutors went after the owner not only for things like racketeering and mail fraud, but also charged him with 25 counts of second-degree murder.

Incarceration Reimbursement

Published on: March 22, 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?”

When most people think of paying a “debt to society” the first thing that comes to mind is time behind bars. The phrase is used to evoke some kind of sacrifice, almost always of time and freedom, that is “paid” to atone for some kind of misbehavior. A recent article discusses how the idea of paying a debt to society is being taken literally in many cases, with a seriously detrimental impact on some.

Child Pornography Charges Dismissed After FBI Refuses To Reveal Evidence

Published on: March 15, 2017 | On behalf of Arnold & Smith, PLLC

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

In a deeply troubling case, federal prosecutors were forced to drop child pornography charges against one man after the FBI investigators refused to reveal the source of the information being used to implicate him. The case is unusual in many ways, one of which is that the FBI was allowed to commit a terrible crime in an attempt to capture other criminals. It now seems like the sacrifice was for nothing, as the man (and many others) may have their charges dropped.

Jury Secrecy Might Not Be Guaranteed After all

Published on: March 8, 2017 | On behalf of Arnold & Smith, PLLC

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

Lots of juicy television police procedurals spend time showing what goes on during jury deliberations. The deliberations often make for good television because of the interest people have in what goes on behind the scenes, a space usually out of view to most people. It’s fun to imagine what real jurors have to say to one another, something that in the real world, criminal defendants don’t have the luxury of knowing. The reason for the interest is that in almost all cases, a jury’s deliberations are meant to be secret.

Supreme Court To Consider North Carolina Law That Makes Social Media A Crime

Published on: March 1, 2017 | On behalf of Arnold & Smith, PLLC

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

Back in 2010 a North Carolina man was convicted of a crime and given a suspended sentence. Now, nearly seven years later, his lawyers are preparing to argue their appeal before the U.S. Supreme Court. What did the man do to warrant such a fuss? He signed up for a Facebook account.

Were crimes committed related to Michael Flynn’s resignation?

Published on: February 22, 2017 | On behalf of Arnold & Smith, PLLC

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.

First, 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.

Court Seeks to Limit Use of Solitary Confinement

Published on: February 15, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question:”A past conviction is keeping me from finding work. What can I do?”

For many people, what goes on inside the walls of a prison isn’t the focus of much attention. Most seem content to embrace the idea that what’s out of sight should be kept out of mind. Unfortunately, this tendency to ignore sometimes-difficult issues allows the issues to continue to cause harm.

Professor Says One Way To Reduce Troubles With Police Is To Have Fewer Arrests

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

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

Anyone who has been watching the news recently has likely come across a number of stories about problems associated with the police. The Black Lives Matter movement grew after a number of African-Americans were injured or killed by police officers engaged in questionable behavior. Even putting aside these most tragic cases, many agree that aggressive policing tactics have caused problems that our society must now address as many people feel victimized by those who are meant to protect and serve.

Alaska Tries New Approach To Reduce Prison Population

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

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

States across the country are wrestling with finding ways to deal with increasingly large prison populations. People on both side of the issue acknowledge that as the population of people incarcerated continues to swell it presents a multitude of challenges, some budgetary, some logistical, others societal. One approach advocated by many is to try and reverse the trend by reducing criminal penalties for a range of mainly low-level offenses. By reducing the number of crimes that result in time behind bars, you not only save money, but also hopefully address underlying issues through treatment and reduce recidivism.

Law Professor Discusses Concerns Related To Traffic Cameras

Published on: January 24, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “Can I represent myself on a traffic ticket?”

It’s something that’s become increasingly common in recent years, signs warning that drivers are under remote surveillance and can be fined for a variety of bad behaviors, including speeding or running red lights. If and when such a fine occurs, most people open their mail and send in a check, quickly dispensing with the issue and avoiding needless hassle. Thankfully, one law professor in Maryland decided to take a different approach and fought his traffic violation. His story, published on Quartz, is an interesting one and raises some serious concerns about the legal validity of the traffic camera system that so many jurisdictions have so warmly embraced.