Articles Tagged with First Amendment

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Board Certified Family Law Specialist Matt Arnold answers the question: “How is social media evidence used in divorce proceedings?”

When we think of arguments involving the First Amendment and free speech, we often conjure up images of brave people taking stands on important topics. There are a number of landmark Supreme Court cases devoted to the subject, all examples of the power of the Constitution, which permits citizens to stand up and say or do what they want, even if it’s unpopular.

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Charlotte Criminal Lawyer Brad Smith answers the question: “Am I allowed to videotape an interaction with police? Can they make me stop filming?”

A recent incident in Wilmington highlighted an area of legal uncertainty. The case involved an Uber-driving criminal defense attorney, a smartphone and an irritated police officer. Though this particular dispute was resolved with a public apology by the Wilmington Police Department, it begs bigger questions about how other similar incidents might be handled in the future, especially if a case were to make its way to court. To learn more about the legal issues surrounding recording police officers in North Carolina, keep reading.

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

The U.S. Supreme Court has agreed to hear North Carolina’s law that bans registered sex offenders from using or even accessing any social media that allows those under 18 to post, which includes Facebook, Twitter, Snapchat and more.

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J. Bradley Smith of Arnold & Smith, PLLC answers the question “Do I need to hire an attorney if I have been falsely accused?”

Juries play an incredibly important role in our criminal justice system in determining the guilt or innocence of the accused. The topic of jury nullification is one of growing national debate.  However, citizen, beware when it comes to spreading the word or even talking about practicing jury nullification anywhere near a courthouse. Courts vary in hostility towards the topic and doing so can have damaging consequences to the particular case and person. Where allowed, jury nullification allows a juror to vote Not Guilty according to conscience if they think there is enough evidence to convict a defendant but think that the sentence is in some way unfair or disproportionate, such as if:

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

In 2008, the North Carolina General Assembly passed a law making it a criminal offense for anyone previously convicted of a sexual offense to access a commercial social networking site that permits children to become members or to maintain personal web pages on the site.

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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?”

A Massachusetts teenager has been charged with involuntary manslaughter after evidence was discovered that the girl sent text messages to her boyfriend encouraging him to commit suicide. Conrad Roy III tragically took his own life in 2014 outside a Massachusetts K-Mart. Roy died inside his truck, and the cause of death was carbon monoxide poisoning.

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

The axiom that “The truth shall set you free” is, in my opinion, a bit overused and often used out of context. The quote—from the eighth chapter of the Gospel according to John, in the New Testament of the Bible—is quite specific in its meaning.