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Articles Posted in Criminal Defense

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Nonviolent felonies the real culprit in voter suppression

Charlotte DWI Lawyer Brad Smith answers the question: What are the long term effects of being convicted of a crime?   The political battle over voting rights in North Carolina has focused in recent years on the issue of photo identification. One side of the political battle wants to require…

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Legislator seeks to criminalize recording police while on duty

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?”   In general, a person’s privacy rights extend as is “reasonable.” Persons do not, for instance, have a reasonable expectation of privacy when they walk on a public street. They may…

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State’s clampdown on public criminal records just another troubling sign of the times

J. Bradley Smith of Arnold & Smith, PLLC responds to “The person that called the police doesn’t want to press charges, can I still be prosecuted?”   The political world has been aflutter with outrage at Hillary Rodham Clinton’s use of a personal email account while employed as the Secretary…

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Author says parents of teens need a criminal defense attorney on speed dial

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Do I need to hire an attorney if I have been falsely accused?”   If you are a parent and your child is a teenager, you need a criminal defense lawyer. So writes author Lisa Green in her new…

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Change in “equitable sharing” may mean less dubious seizures of “criminal” cash, property

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?”   Kenneth Lamont Clark runs a strip club and his patrons pay for their entertainment with cash. A lot of cash. So when deputies in Harnett County who were partnering with…

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Federal, state governments flooding American society with “crimes”

Charlotte DWI Lawyer Brad Smith answers the question: What are the long term effects of being convicted of a crime?   On average, American professionals commit several crimes per day, according to lawyer Harvey Silverglate. He wrote a book on the subject titled Three Felonies a Day. Silverglate and many…

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Free-speech guardians worry man’s conviction may lead to criminalization of rap music

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?”   The Supreme Court entertained arguments this week in a case that could lead to the criminalization of some rap lyrics. The case involves a 31-year old “aspiring rapper who likes…

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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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Disturbing trend sees disaffected youths joining terrorist fighters abroad

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I talk to the police?”   Notes urging loved ones not to give away your criminal plans are never a good idea, especially if you do not want to get caught. This is something would-be ISIS fighter Mohammed…

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Question we should be asking on death penalty is “Are we doing this or not?”

Charlotte DWI Lawyer Brad Smith answers the question: What are the long term effects of being convicted of a crime?   North Carolina’s death row houses 152 inmates awaiting execution. The state has not executed an inmate since 2006. A series of lawsuits brought by death-row inmates in 2007 led…

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