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Articles Posted in Criminal Defense

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When is a hate crime not a hate crime?

Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”   When most people think of hate crimes they imagine criminal acts that occur because one person was motivated by a particular animus against the victim. This animus can be based on…

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Editorial Proposes Radical Idea To Reduce Police Violence: Decriminalize Traffic Violations

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”   When most people think about their last interaction with a police officer it almost always involves a traffic stop. A person was speeding or not wearing a seat belt or ran a red…

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Incarceration Reimbursement

Charlotte Criminal Lawyer Brad Smith answers the question: “If I am charged by campus police could I still face jail time or probation?”   When most people think of paying a “debt to society” the first thing that comes to mind is time behind bars. The phrase is used to…

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Jury Secrecy Might Not Be Guaranteed After all

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”   Lots of juicy television police procedurals spend time showing what goes on during jury deliberations. The deliberations often make for good television because of the interest people have in what goes on behind…

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Professor Says One Way To Reduce Troubles With Police Is To Have Fewer Arrests

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…

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Facebook Torture Video Leads To Calls For Hate Crime Charges

Charlotte Criminal Lawyer Brad Smith answers the question: “Do I need to hire an attorney if I have been falsely accused?”   The news became a national sensation almost immediately after it happened. A group of four black young people in Chicago attacked a mentally-challenged white teenager, tied him up…

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Death Penalty on the Decline

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?”   Though there’s been surprisingly little coverage, experts say that this year appears to serve as yet more proof that American’s interest in using the death penalty as an instrument of criminal punishment may…

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Is there such a thing as interstellar criminal law?

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”   Here in the U.S. we’re used to applying multiple levels of criminal laws. There are local ordinances, state laws and federal statutes and someone’s behavior can, at times, implicate…

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Could “Faithless Electors” Face Criminal Penalties?

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”   In the divided political world of 2016, it’s something that conspiracy theorists love to discuss. What impact could a group of “faithless electors” have on the election results? Though…

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Double Jeopardy: Feds and State Can Still Both Charge You for Same Conduct

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”   When the Utah jury acquitted a man named Roberto Román of first-degree murder of an officer of the peace, Román and his attorney breathed sighs of relief. Román was still convicted of two…

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