Criminal cases

What are the Most Common Juvenile Crimes?

Published on: May 25, 2022 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “As a parent, what should I be aware of when speaking to police about charges my child faces?”

https://youtu.be/PJbBSmvamxI?t=1

As a parent, you work hard to protect your children throughout their lives. Unfortunately, there may come a time when your child makes a mistake, an error in judgment, or is simply in the wrong place at the wrong time. When a child under the age of 18 is charged with a crime, they are often considered a juvenile. Juvenile crimes are similar to adult crimes, but because they are committed by a minor, the consequences and penalties are different. In some cases, a juvenile might be charged as an adult, particularly when charged with a serious crime.

These are the Most Famous Criminal Defense Cases

Published on: January 26, 2022 | 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?”

When someone is charged with a crime, it is up to that individual’s criminal defense attorney to prove to the court that the charges levied against the defendant are not substantial enough to warrant a conviction. While criminal defense attorneys help all kinds of cases, some of these cases garner national attention. Read on for information on some of the most famous criminal defense cases.

Understanding Dispositional Ranges in North Carolina Criminal Court Cases

Published on: September 22, 2021 | On behalf of Arnold & Smith, PLLC

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

Imagine a scenario in which two individuals in North Carolina commit the same exact felony crime. Should their charges and sentencing be equal? While many people may instinctively answer “Yes,” the reality (as any experienced criminal defense attorney may be quick to point out) is much more complicated.

What is a Mens Rea Standard in Criminal Cases in North Carolina?

Published on: October 28, 2020 | 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?”

Mens Rea, which is Latin for “guilty mind,” is a standard in North Carolina’s criminal cases that helps prevent people from being punished when their intentions were innocent. The concept helps differentiate between an individual who intentionally committed a crime and an individual who did not intend to do it.

Evidence Used in North Carolina Self Defense Cases

Published on: February 20, 2019 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?”

When facing criminal assault, battery, or any other type of charges, defendants often claim self defense. When claiming self defense, a defendant is stating that the party claiming to be the victim was actually the aggressor or initiated the conflict that resulted in the need for defense of person, family, or home. In order to prove this, evidence needs to be presented that shows the victim was the one who initiated the conflict. In State v. Bass, the North Carolina Supreme Court stipulated types of evidence that are not permissible in self defense cases to prove provocation.

North Carolina Court Rules Further on Drug ID

Published on: November 14, 2018 | On behalf of Arnold & Smith, PLLC

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

Criminal charges and the subsequent trial that follow can raise legal questions for North Carolina courts. There are always new issues that arise and new considerations to be taken into account. Recently, the North Carolina Court of Appeals has further expanded upon drug identification in criminal cases. The appeals court has ruled on drug identification at different points throughout the year, but this new ruling adds in an extra wrinkle to identifying drugs.

What is a Conditional Discharge?

Published on: July 4, 2018 | On behalf of Arnold & Smith, PLLC

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

Being charged with a crime in North Carolina can be scary. Suddenly, you are facing serious penalties and even a prison sentence that could be devastating to your life. In criminal cases, most people think of a defendant being found “guilty” or “not guilty.” Not guilty is the ideal finding in a criminal case, but that is not always the result. When defendants hear a guilty verdict, they might think that their lives are ruined. In criminal cases in North Carolina, there are some options for a defendant, even after a finding of guilt.

Supreme Court Poised To Decide Several Important Criminal Cases

Published on: October 11, 2017 | On behalf of Arnold & Smith, PLLC

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

The U.S. Supreme Court is poised to have what many legal experts believe will be a blockbuster year, issuing a number of significant decisions. The docket appears packed with controversial and consequential cases. Last year the court was down a member following the death of Justice Scalia and the justices were not eager to accept potentially divisive cases given the odds of a 4-4 split. Now that Justice Gorsuch has been confirmed, the Court has ramped up its workload.

Minnesota Judge Appears To Defy Federal Ruling

Published on: September 6, 2017 | On behalf of Arnold & Smith, PLLC

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

Criminal cases are seldom very exciting. Though TV and movies would have you believe differently, the reality is that court rules and procedures restrict what participants are able to do spur of the moment and instead try and make the process more predictable. It is quite rare for a prosecutor or defense attorney, even more so, a judge, to make a decision or take an action seemingly out of the blue.