Articles Tagged with motion to suppress

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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 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?”

The advent of police vehicle and body cameras in recent years has been aimed at greater transparency and accountability amongst law enforcement. Sometimes, as in the case of former NFL receiver Jabar Gaffney recently, these arrest videos can provide teachable material from which other citizens can learn.

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

An exciting new ruling came out of the federal Fourth Circuit Court of Appeals this February. This is the federal court that has jurisdiction over North Carolina, and it held that a state court was objectively unreasonable in not finding that a defendant’s trial attorney provided Ineffective Assistance of Counsel when the attorney failed to move to suppress the defendant’s confession.