Charlotte Criminal Lawyer Blog

Is Genuine Need Ever Justification For Committing Crime? In Italy, Maybe So

Published on: May 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?”

A man in Italy found himself in the odd situation of having a conviction overturned not because he didn’t do the crime, but because the court decided he shouldn’t have been punished for it in the first place. The case, oddly similar to the storyline of “Les Miserables”, has garnered substantial attention both in Italy and abroad, with experts debating whether the appellate court was right to throw out the conviction.

Woman Beats DUI Charge Because Her Body is a Brewery

Published on: May 12, 2016 | 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?”

A New York woman with a 0.33 blood alcohol content recently beat a DUI charge based on an extremely unusual defense: a rare medical condition turns her body into brewery.

NC Man Gets DWI Conviction Thrown Out: Appeals Court Rules Traffic Stop Was Illegal

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

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

James Lee Johnson was indisputably impaired as he drove to his Hendersonville, North Carolina home one night in February of 2013. He blew a 0.13 on the blood alcohol test the police officer gave him—well above the legal 0.08 limit. The officer testified later that Johnson’s face was red, he was glassy-eyed and his speech was slurred. So how did Johnson just defeat a DWI rap?

Board Recommends Parole for Charles Manson Disciple Leslie Van Houten

Published on: May 5, 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?”

Manson Family member Leslie Van Houten was finally recommended for parole by a parole board panel this April after having been denied 19 times.

Aluminum-Covered Bank Robbers Foiled by Security Cameras

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

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

A busted pair of bank robbers in Brazil had resorted to an interesting method of disguise for their attempted heist: the duo covered themselves head to toe in aluminum foil for their early-morning raid.

2016 Marks 50th Anniversary of Miranda v. Arizona

Published on: April 28, 2016 | On behalf of Arnold & Smith, PLLC

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

“You have the right to remain silent…”, a phrase that almost all of us know, but few truly understand. The words are part of what has become known as a Miranda Warning or Miranda Rights. The Miranda Warning started 50 years ago in June and, in that time, has become deeply imbedded not only in criminal law, but in popular culture. Given the upcoming anniversary, now is a good time to spend a moment diving a bit deeper and learn what the Miranda Rights are and how they came to be.

Hookup Aps And Potential Criminal Charges Connected With HIV/STI Transmission

Published on: April 26, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “I was found not guilty of a charge, buy my record still shows the charge. What is going on?”

Anyone who has been in the dating pool recently has likely noticed a change from years past. Where previously, you might have to wait to be introduced to someone by a mutual friend or happen upon a stranger in a bar, today, things move much more quickly. Technology has impacted our romantic lives to the same extent it has many other facets and dating/hook-up apps can lead to some troubling consequences, even occasionally, with criminal impact.

What you should know about the 1994 Crime Bill

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

Charlotte Criminal Lawyer Brad Smith answers the question: “When can I post on Social media about my ongoing case?”

A hot topic the past week or so has concerned a bill signed into law more than two decades ago. The 1994 Crime Bill has become important of late given the increasingly combative Democratic presidential primary, with Senator Bernie Sanders and his supporters citing the 1994 bill as an example of wrongheaded legislation embraced by Secretary Hillary Clinton, then First Lady. Senator Clinton has since had to distance herself from the 1994 bill and has begun to criticize certain aspects of the legislation, a dramatic turn of events given her and former President Bill Clinton’s once warm embrace of the anti-crime legislation.

Accused ISIS Supporter Stuck in Stateside Honeypot Trap

Published on: April 19, 2016 | On behalf of Arnold & Smith, PLLC

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.”

Can the Spousal Privilege Protect Former Teacher Who Married Student Before Trial?

Published on: April 14, 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?”

A 38-year-old former high school teacher being prosecuted for sexual contact with a student is being slammed by the district attorney on his case for having just married the alleged victim.