Charlotte Criminal Lawyer Blog

Girlfriend’s Verbal Taunting, Other Boyfriend Don’t Justify “Heat of Passion” Defense

Published on: April 9, 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 North Carolina state appellate court released a ruling this [week] refusing to accept the defendant’s claims that he was provoked into killing his girlfriend because he was jealous of her relationships with other men. The Durham County Court of Appeals’ decision in State v. Chaves provides too good an example of the elements required for a voluntary manslaughter charge to resist discussion, but be warned: the facts of this case read somewhat like a television show or soap opera.

Trump’s Campaign Manager and The Case For Assault

Published on: April 7, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “As a parent, what should I be aware of when speaking to police about charges my child faces?”

We recently discussed the potential case to be made against Donald Trump related to an incident in North Carolina that left a protestor at one of his rallies injured. Trump’s campaign must now contend with more than just theoretical criminal charges, as his campaign manager, Corey Lewandowski, has now been arrested in connection with the alleged battery of a reporter.

Armed ≠ Dangerous for Stop and Frisk by Police, Judge Rules

Published on: April 5, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can the police search my car without a warrant?”

The federal appellate court with jurisdiction over North Carolina just ruled in a surprising decision that “armed” does not automatically mean “dangerous” within the context of stop-and-frisk searches by police.

“Pot Breathalyzer” Looming Imminent in Clinical Trials

Published on: April 1, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “Are breath test results always accurate?”

Since the gradual decriminalization and legalization of marijuana state-by-state in recent years, many say it was only a matter of time.

VHS Rental Leads To Arrest in North Carolina

Published on: March 31, 2016 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question: I was found not guilty of a charge, but my record still shows the charge

It’s thankfully pretty rare that North Carolina criminals land on the front pages of newspapers across the country (and even the world). But that’s just what happened this past week after a man from Concord, NC was arrested more than 14 years after renting and failing to return a VHS tape.

Does a Juror Have the Right to Acquit No Matter the Evidence?

Published on: March 29, 2016 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Do I need to hire an attorney if I have been falsely accused?”

Juries play an incredibly important role in our criminal justice system in determining the guilt or innocence of the accused. The topic of jury nullification is one of growing national debate. However, citizen, beware when it comes to spreading the word or even talking about practicing jury nullification anywhere near a courthouse. Courts vary in hostility towards the topic and doing so can have damaging consequences to the particular case and person. Where allowed, jury nullification allows a juror to vote Not Guilty according to conscience if they think there is enough evidence to convict a defendant but think that the sentence is in some way unfair or disproportionate, such as if:

Did Donald Trump Incite A Riot In North Carolina?

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

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I talk to the police?”

Though Donald Trump has had no shortage of press attention over the past few months, a special frenzy has begun recently over claims that the Republican presidential candidate is inciting violence against protesters, using fiery rhetoric to agitate his loyal supporters. One of several examples critics point to is what happened at a rally in Fayetteville, North Carolina, when a 78-year-old attendee sucker punched a young protester in the face.

Jeepers Cheepers: Does Timmy Really Need That Easter Chick?

Published on: March 22, 2016 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question “What is the difference between a misdemeanor and a felony?”

An Arizona-based media company recently posted a video in the run up to Easter this year as a not-so-subtle reminder of the toll this holiday often takes on the animal kingdom. The video shows cratefuls of fluffy chicks cheeping madly as they are dunked repeatedly in colorful dye and roughly tossed like a salad. The now-viral video, filmed in an unknown part of the world, has sparked international outrage about animal cruelty.

Gaston County Judge: 0.07 Does Not Give Probable Cause for DWI

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

Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “Are breath test results always accurate?”

Seven really was a Charlotte man’s lucky number this [week]—or rather, 0.07 was.

Kansas Supreme Court Knocks Down DUI Law As Unconstitutional

Published on: March 15, 2016 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question “What happens if I am convicted of a DUI or DWI in Charlotte North Carolina?”

The Kansas Supreme Court issued a decisive and important ruling late last month concerning the state’s implied consent law. Implied consent laws, for those that may be unclear, say that individuals who operate motor vehicles in the state have given their implied consent to submit to a chemical test to determine intoxication in the event they are pulled over by police. States with implied consent laws also criminalize refusal to submit to such chemical tests, meaning the refusal itself serves as the basis for a criminal prosecution.