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Criminal Expungement on Your Christmas Wish List? North Carolinians May Be in Luck

Published on: September 27, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question:”What is an expungement?”

Starting December 1, 2017, a new North Carolina law will make the path to the expungement of non-violent criminal convictions significantly shorter and easier for individuals hoping for a clean slate. The wait time for qualifying felony and misdemeanor convictions will be considerably shortened, and the current restrictions on the number of dismissed or not guilty charges will be lifted creating an exciting opportunity for qualifying residents of the Charlotte and Lake Norman area.

Criminal Implications of Charlottesville Car Attack

Published on: August 16, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “How is getting charged with a crime on a college campus different from being charged off campus?”

The incident over the weekend in Charlottesville, VA where neo-Nazis and white supremacists gathered to protest the removal of Confederate statues resulted in the tragic death of a young woman. According to authorities, the woman was a counter protestor and was standing on a street corner with others shouting down the assembled white supremacists. James Alex Fields, Jr. is said to have driven his vehicle onto the sidewalk, striking several counter protestors and killing one.

Delayed discovery can delay justice in criminal cases

Published on: August 9, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question:”What is an expungement?”

Most people do not spend time worrying about things like the discovery process. It is legalistic and confusing to those not familiar with the criminal justice system. Though it can be complicated, it is incredibly important and worth understanding. Discovery is meant to shed light on evidence, creating transparency in a justice system that can, at times, be troublingly opaque. As a recent article in the New York Times demonstrates, the discovery process can sometimes go wrong and, when it does, it can have serious consequences.

When is a hate crime not a hate crime?

Published on: April 26, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”

When most people think of hate crimes they imagine criminal acts that occur because one person was motivated by a particular animus against the victim. This animus can be based on a number of things, such as the victim’s race, gender or sexual orientation. If such animosity motivates a crime, it stands to reason that the defendant could be charged with committing a hate crime. However, as a case in West Virginia demonstrates, that might not always be true.

Armed Robber Jailed After Victim’s Facebook Suggested They Become Friends

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

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

The “People You May Know” section on Facebook is one of those love-it-or-hate-it features. Like so many other aspects of social media in an age where the law recognizes almost all social platform information as public domain, the friend suggestion tool raises privacy concerns for some people. Facebook essentially advertises your social media presence to people you are not—and perhaps for good reason—already friends with.

Louisiana Tries To Protect Cops With New Hate Crime Legislation

Published on: June 2, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Am I allowed to videotape an interaction with police? Can they make me stop filming?”

Hate crime legislation is designed to protect those who are victims of discrimination or violence perpetrated by others. The laws are written to provide this protection to groups based on ethnic, religious and, in some cases, gender or sexual orientation grounds. This means that should a person be attacked specifically because of his or her religion or national origin, the law would treat that attack differently than if religion or national origin had not been a factor, usually by increasing penalties.

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.