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Articles Posted in Court Procedures

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Does a Juror Have the Right to Acquit No Matter the Evidence?

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…

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Recent “Ineffective Assistance of Counsel” Ruling Provides Defense-Friendly Look at Confession Suppression

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…

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Powerball Winner Pays Pretty Penny to Keep Boyfriend Out of Jail

Charlotte Criminal Lawyer Brad Smith answers the question “If I have an outstanding warrant, what should I do?”   Given the current Powerball fever, it’s fitting that a former lottery winner in North Carolina is in the news. Conventional wisdom says that those who win the lotto eventually fritter the…

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Recent West Virginia Case Clarifies Rights Of Defendants

J. Bradley Smith of Arnold & Smith, PLLC answers the question: “I was found not guilty of a charge, why does my record still show the charge?”   The West Virginia Supreme Court recently issued an important decision that will help clear up questions regarding the rights of criminal defendants when…

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Adult Punishment For Juvenile Offenders Leads To Early Death

Charlotte Criminal Lawyer Brad Smith of Arnold & Smith, PLLC answers the question: A past conviction is keeping me from finding work what can I do?   We’ve previously discussed the harms that can occur when children are charged with adult crimes and made to serve out punishment in adult prisons.…

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In many cases, the “when” in a criminal case is still up to the Prosecutor

J. Bradley Smith of Arnold & Smith, PLLC answers the question “What is the difference between a misdemeanor and a felony?”   A criminal defense attorney was recently admonished by a District Court judge for seeking to have a motion heard. “The District Attorney controls the docket,” the judge told…

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N.C. voters pass Constitutional amendment allowing defendants to waive jury trials

J. Bradley Smith of Arnold & Smith, PLLC answers the question “What is the difference between a misdemeanor and a felony?”   Like other criminal defense attorneys, I would almost never recommend that a defendant waive one’s right to a jury trial. Until last week, defendants in North Carolina could…

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Trend sees elected officials picking and choosing the laws they will enforce

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?”   Bill Stevenson became the latest North Carolina magistrate to resign his post in the wake of court rulings that paved the way for same-sex marriages to being in the Tar…

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FBI’s fake defendant and his gun charge take down two Philadelphia judges

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I ever plead guilty to a charge?”   In May 2012, Officer John Snyder pulled over 40-year-old David Khoury after he spotted the man driving erratically down a busy stretch of Torresdale Avenue in Holmesberg, Pennsylvania. When he…

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Citizens need to become educated about the right to trial by jury before November election

J. Bradley Smith of Arnold & Smith, PLLC answers the question “What is the difference between a misdemeanor and a felony?”   It is no exaggeration to posit that millions of men and women have fought and died for the freedoms we enjoy as citizens of the United States of…

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