Our office continues to operate during our regular business hours, which are 8:30 am - 5:30 pm, Monday through Friday, but you can call the office 24 hours a day. We continue to follow all recommendations and requirements of the State of Emergency Stay at Home Order. Consultations are available via telephone or by video conference. The safety of our clients and employees is of the utmost importance and, therefore, in-person meetings are not available at this time except for emergencies or absolutely essential legal services.
Charlotte Criminal Lawyer Brad Smith answers the question: “When can I post on Social media about my ongoing case?”
If you are facing criminal charges in North Carolina, your potential sentence for the offense could be reduced if “mitigating circumstances” are found. In North Carolina, felony sentences depend on whether any mitigating or aggravating circumstances exist.
Charlotte Criminal Lawyer Brad Smith answers the question: “I was found not guilty of a charge, buy my record still shows the charge. What is going on?”
Embezzlement is a form of securities fraud. It is widely known as a ‘white-collar’ crime. The State of North Carolina can charge someone with embezzlement if it believes he or she stole money for personal gain while in a position of authority. The most common example of embezzlement occurs when an employee misappropriates funds that belong to his or her employer.
Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”
In the divided political world of 2016, it’s something that conspiracy theorists love to discuss. What impact could a group of “faithless electors” have on the election results? Though individuals chosen to vote in the Electoral College have previously switched sides, at no time was it more controversial than it is today. Already, at least 9 people have come forward to identify themselves as being interested in voting contrary to the way in which their state’s popular vote outcome. These people have said they intend to vote for a consensus Republican candidate instead of Donald Trump, saying they cannot in good conscience vote for the man. Though political nerds love to discuss the potential mayhem this could cause in Washington, legal experts focus instead on the potential criminal implications should such faithless electors emerge.
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.
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?”
A man in Italy found himself in the odd situation of having a conviction overturned not because he didn’t do the crime, but because the court decided he shouldn’t have been punished for it in the first place. The case, oddly similar to the storyline of “Les Miserables”, has garnered substantial attention both in Italy and abroad, with experts debating whether the appellate court was right to throw out the conviction.
J. Bradley Smith of Arnold & Smith, PLLC answers the question “Do I need to hire an attorney if I have been falsely accused?”
If you are a parent and your child is a teenager, you need a criminal defense lawyer.
So writes author Lisa Green in her new book On Your Case: A compassionate (and Only Slightly Bossy) Legal Guide for Every Stage of a Woman’s Life. Green cites numerous examples in her book showing how even good intentions and seemingly harmless actions can balloon into criminal charges for unsuspecting teens—and parents.
Green writes that parents of teenagers need a criminal defense attorney on speed dial for more than criminal charges. What if, for instance, a school administrator asks a teenager to hand over his or her cell phone because he or she was accused of sending inappropriate text messages? The child or young adult has not been charged with a crime, but citizens—including children and young adults—have Constitutional rights, and those rights extend to investigations.
School administrators can search a cell phone, a laptop, a book bag or any other item belonging to a student only if they have reasonable suspicion that a child has engaged in criminal activity. If a search request is made, Green writes, a child or young adult should refuse the request and ask to call one’s parents.