Charlotte Lawyer

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.

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.

(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.

Ignition Interlock Devices In North Carolina

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

Charlotte DWI Lawyer Brad Smith answers callers’ questions during a 30 minute radio interview with the Legal Forum. Recorded in Charlotte, Mecklenburg County North Carolina.

Most people have heard of ignition interlock devices before. People are vaguely familiar with the idea that a device is attached to your car that you must first blow into before the ignition will turn over. Beyond this bit of information, most people are in the dark about the specifics for how and when ignition interlock devices are used. To find out more about ignition interlock devices and how they work in North Carolina, keep reading.

Powerball Winner Pays Pretty Penny to Keep Boyfriend Out of Jail

Published on: January 12, 2016 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question “If I have an outstanding warrant, what should I do?”

Given the current Powerball fever, it’s fitting that a former lottery winner in North Carolina is in the news. Conventional wisdom says that those who win the lotto eventually fritter the money away, buying new houses, cars, taking expensive vacations or giving money away as gifts to eager (or greedy) relatives. Marie Holmes, the North Carolina woman who won a $188 million Powerball drawing last February, has taken a different approach: spending a substantial amount of her new money paying to keep her boyfriend, Lamar “Hot Sauce” McDow, out of jail.

Teens charged after partying in former Panther player’s vacant mansion

Published on: December 17, 2015 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC responds to “The person that called the police doesn’t want to press charges, can I still be prosecuted?”

Dave Pollizi and his wife noticed something unusual while at their Lake Wylie home the Sunday after Thanksgiving. Cars were parked in the backyard of the vacant mansion next door.

North Carolina Teens Reach Deal With Prosecutors Over Sexting

Published on: September 15, 2015 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers : I was found not guilty of a charge, but my record still shows the charge

Two North Carolina teens have reached deals with prosecutors and are now able to move on with their lives, avoiding jail time and registration as sex offenders. Their cases illustrate the serious harm that can come from sexting as a minor. Their cases also reveal inconsistencies in North Carolina’s laws that may occasionally cause more harm than good.

9-year-old stabbed to death by 13-year-old brings attention to criminal juvenile court system

Published on: September 2, 2015 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith of Arnold & Smith, PLLC answers the question “What is an expungement?”

A very sad case out of Michigan recently made headlines involving a 13-year-old boy on trial for murder. The case is especially tragic because the 13-year-old stands accused of killing a 9-year-old, stabbing him to death at a neighborhood playground.

Law Firm Partner Faces Criminal Charges After Drunken Outburst On Flight From Charlotte

Published on: July 28, 2015 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: What are the long term effects of being convicted of a crime?

A partner at a major national law firm is currently experiencing the fallout from a series of bad decisions she made during a recent flight from Charlotte, NC to London. The case illustrates not only the dangers of mixing alcohol and prescription sleep drugs, but also the serious penalties that can result from misbehavior onboard an airplane.