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Articles Posted in Supreme Court Decisions

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Supreme Court Knocks Down Criminal Penalties For Implied Consent Violations

Charlotte DWI Lawyer Brad Smith answers callers’ questions during a 30 minute radio interview with the Legal Forum. Recorded in Charlotte, Mecklenburg County North Carolina.   The Supreme Court voted 7-1 to place limits on laws that make it a crime for drivers suspected of drunk driving to refuse to…

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Supreme Court Case Presents Possibility of Parole For Young North Carolina Offenders

Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC responds to: “I was found not guilty of a charge, but my record still shows the charge.”   A recent U.S. Supreme Court ruling will have an important impact on dozens of people currently serving life…

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N.C. Supreme Court upholds social networking ban for sex offenders

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?”   In 2008, the North Carolina General Assembly passed a law making it a criminal offense for anyone previously convicted of a sexual offense to access a commercial social networking site…

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How Serious Is The Sixth Amendment?

Charlotte DWI Lawyer Brad Smith answers : I was found not guilty of a charge, but my record still shows the charge   Today marks the start of the Supreme Court’s new term. Last year was a remarkable year, with important decisions touching on issues such as healthcare, gay marriage…

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Fourth Circuit Rules Warrant Required For Cell Records

Charlotte DWI Lawyer Brad Smith answers : I was found not guilty of a charge, but my record still shows the charge   Just last week the Fourth Circuit Court of Appeals tackled a subject that is becoming increasingly important in criminal investigations: cellphone records. Courts across the country often…

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High court invokes ancient legal principle to throw out man’s social-media conviction

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?”   The United States Supreme Court has thrown out the conviction of a man who prosecutors accused of threatening his wife, coworkers, a kindergarten class and law-enforcement officials in online social-media…

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Justices appear poised to strike criminal law due to unconstitutional vagueness

Charlotte DWI Lawyer Brad Smith answers the question: What are the long term effects of being convicted of a crime?   Observers at oral argument before the United States Supreme Court say high-court justices were so confused by provisions of the Armed Career Criminal Act that they appeared poised to…

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Supreme Court curtails use of drug-sniffing dogs in traffic stops

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I talk to the police?”   Last week the United States Supreme Court held that law-enforcement officers may not prolong traffic-stop investigations in order to allow police canine units to sniff vehicles for drugs. Absent independent, individualized suspicion…

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Conviction overturned because man’s fish were not “tangible objects”

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?”   Remember Enron? It seemed like such a big deal until all the malfeasance that (allegedly) caused 2009’s Great Recession came to light, causing the collapse and usurpation of thousands of…

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Criminal traffic rules shaped by justices who have had little contact with traffic, courts

Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “What am I obligated to do if I’ve been pulled for Drinking and Driving?”   The United States Supreme Court is comprised of nine judges whose legal educations began at either Harvard or…

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