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Articles Tagged with due process rights

Civil Forfeiture Under Attack In Michigan

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

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

We have discussed civil asset forfeiture before and how there is growing consensus around the country that the practice has many negatives and unfairly impacts those who are already among the most vulnerable. The system enriches local law enforcement departments, allowing them to seize the personal property of individuals who may never be charged with a criminal offense. Critics have long complained about the practice and those complaints seem to finally be catching the attention of lawmakers empowered to pass meaningful reforms.

Recent West Virginia Case Clarifies Rights Of Defendants

Published on: November 26, 2015 | On behalf of Arnold & Smith, PLLC

J. Bradley Smith of Arnold & Smith, PLLC answers the question: “I was found not guilty of a charge, why does my record still show the charge?”

The West Virginia Supreme Court recently issued an important decision that will help clear up questions regarding the rights of criminal defendants when it comes to making plea deals. Though the impact of the case is currently limited only to those defendants located in West Virginia, expert say that the case will likely have implications elsewhere given the strength and clarity of the decision.