Criminal attorney

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.

Supreme Court Agrees To Decide Case Concerning Cellphone Privacy

Published on: June 7, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?”

As technology improves, it’s all but guaranteed that some enterprising criminal will find new ways to perpetrate crimes. After all, where there’s a will, it won’t be long until there’s a way. Though technological advancement has proven useful for those perpetrating crimes, it’s proven to be even more of a boon for those investigating criminal matters. Police have stayed several steps ahead of the courts, taking advantage of ambiguities in the law to use technology for their benefit.

Jury Awards $150,000 to SC Man in Wrongful Prosecution/Stand-Your-Ground Case

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

Charlotte Criminal Lawyer Brad Smith answers the question: “The person that called the police doesn’t want to press charges, can I still be prosecuted?”

In a lawsuit for malicious prosecution, a York County jury has awarded a $150,000 verdict to a Rock Hill-area man for the county Sheriff’s Office 2012 arrest of the man in a Stand-Your-Ground case in which he argued he should never have been charged.

New York Governor Pardons Thousands of Juvenile Offenders

Published on: December 29, 2015 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question: “What is an expungement?”

Today was a big day for those advocating change to harsh criminal laws that allow young offenders to be charged in the adult criminal justice system. Currently, New York and North Carolina are the only two states in the country where 16 and 17-year-olds are automatically prosecuted as adults. Though this still remains true, New York took a huge step to rectifying some of the problems caused by trying juveniles as adults.

Retired tennis player James Blake calling for more police accountability following false arrest

Published on: September 17, 2015 | 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?”

When the U.S. Open tennis tournament concluded last weekend in New York, one of the tournament’s major storylines had nothing to do anything that happened on a tennis court. Retired tennis player James Blake, once ranked No. 4 in the world, was leaning on a column in front of the Grand Hyatt hotel in New York when he was rushed by undercover police officer James Frascatore and forced to the ground.

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.

Mistrial Declared In Charlotte Police Officer Manslaughter Case

Published on: August 25, 2015 | 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?”

Charlotte-Mecklenburg police office Randall Kerrick avoided conviction on manslaughter charges last week when the North Carolina jury deadlocked, forcing the judge presiding over the case to declare a mistrial. Experts say it is unclear how prosecutors will move forward, whether they will bring Kerrick up on similar charges a second time or consider other options.

Use of criminal law to address societal problems leads to over-criminalization

Published on: June 4, 2015 | On behalf of Arnold & Smith, PLLC

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

The passage of the Controlled Substances Act by the United States Congress in 1970 represented perhaps the largest single legislative effort to address societal problems by use of the criminal law.

High court invokes ancient legal principle to throw out man’s social-media conviction

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

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

The United States Supreme Court has thrown out the conviction of a man who prosecutors accused of threatening his wife, coworkers, a kindergarten class and law-enforcement officials in online social-media posts.

Legislator moves to criminalize sex “procured by fraud,” jail offenders for 20 years

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

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

A man after a woman’s heart may be prone to a bit of puffery, but legislators in New Jersey want to criminalize that puffery when it rises to the level of deception.