Charlotte Criminal Lawyer Blog

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.

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.