Charlotte Criminal Lawyer Blog

Involuntary Commitment Does Not Trigger Miranda, Court Rules

Published on: November 24, 2016 | On behalf of Arnold & Smith, PLLC

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

To many people, involuntary commitment in a psychiatric facility seems like the equivalent of jail when it comes to restricting your freedoms; for some, it could be considered even worse. However, the majority of the N.C. Court of Appeals feels differently, with a divided panel recently ruling that a man who was involuntarily committed after he tried to kill himself was not in custody for Miranda warning purposes.

Do Marijuana Legalization Laws Matter?

Published on: November 22, 2016 | 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?”

Recently, the two largest cities in Tennessee passed laws aimed at reducing the number of residents arrested for nonviolent drug crimes. Specifically, the cities passed laws that gave police officers the ability to hand out minor civil citations for possession of small amounts of marijuana rather than charge them with committing a criminal offense.

Jury Awards $150,000 to SC Man in Wrongful Prosecution/Stand-Your-Ground Case

Published on: November 17, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “The person that called the police doesn’t want to press charges, can I still be prosecuted?”

In a lawsuit for malicious prosecution, a York County jury has awarded a $150,000 verdict to a Rock Hill-area man for the county Sheriff’s Office 2012 arrest of the man in a Stand-Your-Ground case in which he argued he should never have been charged.

California voters weigh in on several important criminal law matters

Published on: November 15, 2016 | 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?”

Millions of voters around the country are busy today making a number of important decisions, the biggest of which is about who will lead our country for the next four years. Though the significance of that question often overshadows other concerns, voters in some states, California chief among them, will also need to consider some important ballot questions that could have an important impact on criminal law for years to come. Let’s take a moment to discuss a few of these California proposals and what they might mean for citizens of the state should they become law.

When Prosecutors Become Persecutors

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

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

A recent article in Bloomberg discusses the danger that comes when prosecutors become persecutors. Though everyone agrees it is important to obey the law, some prosecutors take the power to enforce our many laws and run wild with it. Interpreting often vague legislation broadly can give the government sweeping power to target nearly anyone it disagrees with. It’s for this reason that prosecutors are called to exercise restraint and use their extensive power only when absolutely necessary.

Sex Offenders and Social Networks

Published on: November 8, 2016 | On behalf of Arnold & Smith, PLLC

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

The U.S. Supreme Court has agreed to hear North Carolina’s law that bans registered sex offenders from using or even accessing any social media that allows those under 18 to post, which includes Facebook, Twitter, Snapchat and more.

N.C. Judge Convicted of Bribing a Public Official With Bud Light

Published on: November 3, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”

When Judge Arnold O. Jones II asked a Wayne County Sheriff’s Deputy to dig around in Jones’ wife’s text message records between her and another man, the deputy didn’t tell him no. The deputy didn’t tell him he would need a warrant for accessing such information. And the deputy definitely didn’t tell Jones that he also worked as a member of an FBI gang task force.

Are there any criminal implications of Trump’s groping?

Published on: November 1, 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?”

Donald Trump has been all over newspapers and cable news in recent weeks and, though he generally loves media attention, he’d probably prefer it if he weren’t. A leaked tape of lewd conversations with a former entertainment news anchor spiraled into more serious accusations concerning unwanted sexual contact with more than 10 different women over the past several decades. The women say they were prompted to come forward with their accounts after Trump denied ever having acted on his comments.

Riot Charges Dropped for 1 Dakota Pipeline Journalist; Other Still Faces 45 Years in Prison

Published on: October 27, 2016 | On behalf of Arnold & Smith, PLLC

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

The term “riot” is a sensitive one in many cities across the nation these days, including in the Queen City. Charlotte-Mecklenburg Police arrested at least 72 people over the six (6) days of protests and riots that occurred after the police shooting of Keith Lamont Scott last month.

“You Have the Right to an Attorney”—Unless Prosecutors Insist You’re Unconscious?

Published on: October 25, 2016 | On behalf of Arnold & Smith, PLLC

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

The man suspected of planting the bombs on the Jersey Shore and in Manhattan last month is being represented by attorneys for the American Civil Liberties Union (ACLU) after being denied access to a federal public defender.