Charlotte Criminal Lawyer Blog

Social Media Presents New Opportunities For Self Incrimination

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

Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “Is there more than one way for police to charge a person with DWI?”

A recent incident in New York reveals yet another way in which social media has made it easier for law enforcement authorities to track and convict criminals. Over the weekend, a man on Long Island decided to livestream his late night drunk driving, broadcasting his reckless conduct to the world on Periscope. According to authorities, they were able to use the live video feed to determine the suspect’s location and arrest him. Not only did the livestream facilitate the man’s arrest, but it also provided ample evidence for authorities seeking to gain a criminal conviction.

(Plot) Twist of the Knife: Could O.J. Simpson Be Tried Again?

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

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I ever plead guilty to a charge?”

It seems like a movie plot twist in a case that is already one of the most sensationalized of our time. Days after the sixth episode of FX’s new documentary about The People v. O.J. Simpson aired, the news story broke: a retired officer with the Los Angeles Police Department just turned over a knife he claims was found at the site of the murders for which O.J. Simpson was acquitted in 1994.

New York Attempts (Yet Again) To Raise The Age Of Criminal Responsibility

Published on: March 4, 2016 | On behalf of Arnold & Smith, PLLC

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

Andrew Cuomo, the Governor of New York, has yet again put forward a plan that would require the state’s family court system (those responsible for handling juvenile crime) to raise its age of jurisdiction from 16 to 18. Sadly, many believe that the proposal to increase the age of criminal responsibility will fail yet again. If so, it will mean that New York and North Carolina continue to be the only two states in the country where offenders under the age of 18 can be tried as an adult and, if convicted, locked up in adult prisons.

Former NFL Player’s Arrest Video as Search and Seizure Law Informational Tool?

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

Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “If I simply intend to plead guilty, why do I need a lawyer?”

The advent of police vehicle and body cameras in recent years has been aimed at greater transparency and accountability amongst law enforcement. Sometimes, as in the case of former NFL receiver Jabar Gaffney recently, these arrest videos can provide teachable material from which other citizens can learn.

2013 Ride Malfunction AT N.C. State Fair Leads To Criminal Sentence

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

J. Bradley Smith of Arnold & Smith, PLLC answers the question: “What are the long term effects of being convicted of a crime?”

Several years ago an incident at the North Carolina State Fair grabbed headlines here and across the country after an amusement park ride malfunctioned, sending riders flying into the air and resulting in life-threatening injuries. It’s taken two and half years of investigating by law enforcement officials and prosecutors, but the incident has finally led to jail time, at least for one person.

Recent “Ineffective Assistance of Counsel” Ruling Provides Defense-Friendly Look at Confession Suppression

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

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I ever plead guilty to a charge?”

An exciting new ruling came out of the federal Fourth Circuit Court of Appeals this February. This is the federal court that has jurisdiction over North Carolina, and it held that a state court was objectively unreasonable in not finding that a defendant’s trial attorney provided Ineffective Assistance of Counsel when the attorney failed to move to suppress the defendant’s confession.

Federal Judge Uses 18th-Century Law to Order Apple to Aid In Criminal Investigation Against Search and Seizure Law Considerations

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

Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “If I simply intend to plead guilty, why do I need a lawyer?”

In a potentially groundbreaking move, a federal judge ordered Apple to assist law enforcement with decrypting of the iPhone that belonged to one of the San Bernardino shooters.

New Study Further Questions Fingerprint Analysis; Challenging Pseudo-Science In Your Criminal Case

Published on: February 18, 2016 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?”

Forensic Magazine recently published an article about fingerprint analysis with exciting results for people facing criminal charges where fingerprint evidence might come in against them.

Supreme Court Case Presents Possibility of Parole For Young North Carolina Offenders

Published on: February 16, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC responds to: “I was found not guilty of a charge, but my record still shows the charge.”

A recent U.S. Supreme Court ruling will have an important impact on dozens of people currently serving life sentences in North Carolina prisons. The ruling will require courts to reconsider their sentences as the inmates were all under 18 years old at the time of their crimes. Whether the life sentences without the possibility of parole are ultimately tossed out depends in part of the nature of the original crime and on the leniency of the judges presiding over the new hearings.

Fake Kidnapping Leads To Real Criminal Charges

Published on: February 9, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question: “What are the long term effects of being convicted of a crime?”

A woman from Tennessee recently made headlines across the country when she claimed that she blacked out and woke up hours later in Arden, North Carolina. After disappearing, her husband reported the woman’s absence to police. The 25-year-old, Ciara Mae Holt, then told authorities that she had been kidnapped.