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Articles Posted in Civil Rights

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Can You be Arrested for Violating the ‘Stay-at-Home’ Order in North Carolina?

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?”   After North Carolina’s “stay-at-home” order went into effect on March 30, 2020, to slow the spread of the coronavirus (COVID-19), many residents began to wonder, “Can I be fined or arrested for violating…

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Is it Legal to Film the Police?

Charlotte DWI Lawyer Brad Smith answers the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?”   In today’s society, it is not uncommon to turn on the news or open any social media platform and see a video of someone’s interaction with the…

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Court of Appeals Rules on Race and Voluntary Consent of Searches

Charlotte DWI Lawyer Brad Smith answers the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?”   Throughout the country, we often hear a lot of debate about an individual, or his or her property, being subjected to search by law enforcement. The Fourth…

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The Constitutionality of Searches at Courthouses

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”   The world that we live in today often requires an extra level of security. The ever-present threat of an individual, or individuals, bringing dangerous weapons to public settings creates the need for…

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Justification as a Defense for Felons Using a Firearm

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”   Guns and firearms are a big issue in the United States. Regardless of which side of the debate you agree with, the right to bear arms is granted by…

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When Does a Search Warrant Authorize a Strip Search?

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”   When law enforcement suspects that a person is in possession of contraband, a stolen item, or some other type of illegal substance/item, they will often obtain a search warrant to find that…

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Man Arrested for Voting in North Carolina

Charlotte Criminal Lawyer Brad Smith answers the question: “If I have an outstanding warrant, what should I do?”   What started as an ordinary traffic stop turned into a felony charge for one North Carolina man. Keith Sellars was driving home from dinner when he was pulled over by a…

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Civil Forfeiture Under Attack In Michigan

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…

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Legislators In Alabama Take Aim At Civil Asset Forfeiture Law

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?”   We have discussed civil asset forfeiture many times before, usually noting the ways in which the practice is used to unfairly seize assets from often-innocent individuals, enriching law enforcement agencies at the expense of the…

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Does Flipping A Bird Count As Free Speech?

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…

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