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Articles Posted in Civil Rights

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Does North Carolina Have a Stand Your Ground Law?

Does North Carolina Have a Stand Your Ground Law? Residents have a right to defend themselves and their property. The ability to protect and defend your home has been in the news over the last decade. More and more states have enacted “stand your ground” laws to clarify your rights…

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What to Do if You are Stopped By the Police

What to Do if You are Stopped By the Police When the police are not handling major crimes, they are often roving around on the lookout for traffic violations and minor offenses. The police may stop you for any number of reasons. If you have ever been stopped, you know…

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What are Your Rights After Getting Stopped by the Police?

Charlotte Criminal Lawyer Brad Smith answers the question: “Am I allowed to videotape an interaction with police? Can they make me stop filming?”   One of the many duties of the police is to make routine stops. This, among other reasons, is why an officer can sometimes pull you over.…

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Wrongful Convictions and Racial Disparities in North Carolina’s Criminal Justice System

Charlotte Criminal Lawyer Brad Smith answers the question: “Do I need to hire an attorney if I have been falsely accused?”   North Carolina’s criminal courts use the highest burden of proof for convictions and imprisonment. However, even the highest burden of proof may not protect innocent defendants from racial…

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Do North Carolina Police Officers Need a Warrant to Search Your Home?

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”   If you are familiar with your constitutional rights in the U.S., you probably know that the Fourth Amendment protects you from unreasonable searches and seizures. In other words, police officers must have…

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How to Pursue Compensation for Wrongful Incarceration in North Carolina?

Charlotte Criminal Lawyer Brad Smith answers the question: “Do I need to hire an attorney if I have been falsely accused?”   Criminal courts use proof beyond a reasonable doubt, the highest legal standard of proof, to ensure that people are imprisoned for actually committing a crime rather than merely…

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When can North Carolina Police Lawfully Search Your Vehicle?

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”   Even if you did not commit a crime, talking to police officers during a traffic stop can be a stressful experience. When police suspect that you have committed a crime, they may…

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Study based on FBI statistics shows in NC “black individuals were arrested more than 2.5x as often as white individuals”

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?”   The killing of George Floyd by a police officer in Minneapolis, Minnesota, triggered a wave of nationwide protests against racial injustice and police brutality. A new study showed that black people are more likely to…

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Can You be Arrested and Charged With a Crime for Protesting in North Carolina?

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”   Several cities in North Carolina enacted a curfew in response to protests over the killing of George Floyd. In Charlotte, 30 people were arrested during the second night of protests, according to WBTV.…

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Were Anti-Abortion Protesters’ Rights Violated When They Were Arrested?

Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”   Arrests of anti-abortion protesters in multiple North Carolina cities, including Charlotte, made national headlines, prompting many high-profile politicians to accuse the police of violating the arrested protesters’ constitutional rights. So, were…

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