Articles Tagged with criminal procedure

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

Law enforcement officers are not permitted to arrest individuals anywhere they want. Throughout the United States, North Carolina included, there are different jurisdictional restrictions that law enforcement officers face. Local law enforcement are often restricted to making arrests within their own city or county, depending on the specifics of their position and any statutes outlining their jurisdiction. State law enforcement officers, however, generally are able to arrest people and serve outside of one city or county. There are situations in which an officer is permitted to serve outside of his or her jurisdiction, like when actively pursing a suspect. What happens, however, when a law enforcement officer makes an arrest outside of his or her jurisdiction? Can that arrest be suppressed?

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

“You have the right to remain silent…”, a phrase that almost all of us know, but few truly understand. The words are part of what has become known as a Miranda Warning or Miranda Rights. The Miranda Warning started 50 years ago in June and, in that time, has become deeply imbedded not only in criminal law, but in popular culture. Given the upcoming anniversary, now is a good time to spend a moment diving a bit deeper and learn what the Miranda Rights are and how they came to be.

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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?”

It’s often the most dramatic scene in any legal TV show or movie: the moment when the witness on the stand points to the person who committed the crime. Though this moment can make for great TV and is often portrayed as an authoritative identification, the reality is far murkier. Critics of current law enforcement practices involving witness identification say that reform is badly needed as innocent men and women go to prison due to faulty IDs. To find out more about the current process and the changes some say are needed, keep reading.