Articles Tagged with police

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

As technology improves, it’s all but guaranteed that some enterprising criminal will find new ways to perpetrate crimes. After all, where there’s a will, it won’t be long until there’s a way. Though technological advancement has proven useful for those perpetrating crimes, it’s proven to be even more of a boon for those investigating criminal matters. Police have stayed several steps ahead of the courts, taking advantage of ambiguities in the law to use technology for their benefit.

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Charlotte Criminal Lawyer Brad Smith answers the question: “If I am charged by campus police could I still face jail time or probation?”

It’s something relatively few people have experienced (thankfully), but if and when you do, the practice likely comes as a terrible surprise. Police, unbeknownst to many, have the right in many states to stop people and seize assets they believe might have some connection to a criminal act. These seizures can take place without first convicting a person of committing a crime and, in some cases, even without ever charging the person with a crime. The practice likely seems shocking given that it appears to run counter to one of the foundational ideas of the American criminal justice system: that all people should be treated as innocent until proven guilty.

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

Anyone who has been watching the news recently has likely come across a number of stories about problems associated with the police. The Black Lives Matter movement grew after a number of African-Americans were injured or killed by police officers engaged in questionable behavior. Even putting aside these most tragic cases, many agree that aggressive policing tactics have caused problems that our society must now address as many people feel victimized by those who are meant to protect and serve.

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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?”

Whether you’re an avid catcher of Pikachus or are convinced the era of technology taking over is upon us, you’ve no doubt noticed Pokémon’s rather public reentrance into society lately. Advocates have lauded Pokémon Go’s ability to get gamers off the couch and moving…and get them moving it has. Some have walked straight into varying degrees of trouble with the law, including one man with an open warrant for his arrest who wandered by his local police station to battle his creatures there. Other reports have fallen more on the crime fighting side—two Go players helped catch a man wanted for attempted murder, and one woman found a dead body in her Pokémon Go meanderings.

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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?”

North Carolina now joins the ranks of other states attempting to block the release of potentially inflammatory body camera footage. Earlier this month the governor, Pat McCrory, signed a bill into law that prevents law enforcement recordings, either from body cameras or dashboard cameras, from being released, except with very narrow exceptions. Though some officers have cheered the news, many other groups, including the ACLU and the state’s attorney general have offered criticism, saying the new law makes it harder to hold law enforcement accountable in the event of the use of excessive force.

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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?”

Hate crime legislation is designed to protect those who are victims of discrimination or violence perpetrated by others. The laws are written to provide this protection to groups based on ethnic, religious and, in some cases, gender or sexual orientation grounds. This means that should a person be attacked specifically because of his or her religion or national origin, the law would treat that attack differently than if religion or national origin had not been a factor, usually by increasing penalties.

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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?”

It’s been two months since a North Carolina Judge declared a mistrial for the police officer who killed Jonathan Ferrell. After four days of debates, the jury was deadlocked, 7-5 on an initial vote and 8-4 on the succeeding three votes. And when Judge Robert C Ervin asked the jury foreman if further discussions would resolve the dead end, the response was no. Ervin then declared a mistrial.

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Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question: What are the long term effects of being convicted of a crime?

Police officers in North Carolina are on alert after a recent incident of vandalism left many unsettled. The graffiti wasn’t merely an eyesore, but instead advocated for members of the community to physically harm police officers. Now the local police chief is saying he thinks the behavior goes beyond simple vandalism and ought to be considered a hate crime. To find out more about the recent incident, including what qualifies as a hate crime under North Carolina law, keep reading.

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J. Bradley Smith of Arnold & Smith, PLLC answers the question “What is the difference between a misdemeanor and a felony?”

Charlotte-Mecklenburg police office Randall Kerrick avoided conviction on manslaughter charges last week when the North Carolina jury deadlocked, forcing the judge presiding over the case to declare a mistrial. Experts say it is unclear how prosecutors will move forward, whether they will bring Kerrick up on similar charges a second time or consider other options.

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

Five years after he was issued two criminal summonses by a New York City police officer for alleged trespassing and disorderly conduct, twenty-four-year-old Sharif L. Stinson is the lead plaintiff in a class action lawsuit against the City of New York alleging that police officers—under the pressure of a Police Department quota system—“have engaged in an illegal pattern and practice of issuing summonses,” according to the New York Times.