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Charlotte Criminal Lawyer Blog

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Involuntary Commitment Does Not Trigger Miranda, Court Rules

Charlotte Criminal Lawyer Brad Smith answers the question: “If I have an outstanding warrant, what should I do?”   To many people, involuntary commitment in a psychiatric facility seems like the equivalent of jail when it comes to restricting your freedoms; for some, it could be considered even worse. However,…

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Do Marijuana Legalization Laws Matter?

Charlotte Criminal Lawyer Brad Smith answers the question: “If I am charged by campus police could I still face jail time or probation?”   Recently, the two largest cities in Tennessee passed laws aimed at reducing the number of residents arrested for nonviolent drug crimes. Specifically, the cities passed laws…

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Jury Awards $150,000 to SC Man in Wrongful Prosecution/Stand-Your-Ground Case

Charlotte Criminal Lawyer Brad Smith answers the question: “The person that called the police doesn’t want to press charges, can I still be prosecuted?”   In a lawsuit for malicious prosecution, a York County jury has awarded a $150,000 verdict to a Rock Hill-area man for the county Sheriff’s Office…

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California voters weigh in on several important criminal law matters

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”   Millions of voters around the country are busy today making a number of important decisions, the biggest of which is about who will lead our country for the next…

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When Prosecutors Become Persecutors

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”   A recent article in Bloomberg discusses the danger that comes when prosecutors become persecutors. Though everyone agrees it is important to obey the law, some prosecutors take the power to enforce our many…

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Sex Offenders and Social Networks

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?”   The U.S. Supreme Court has agreed to hear North Carolina’s law that bans registered sex offenders from using or even accessing any social media that allows those under 18 to post, which includes…

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N.C. Judge Convicted of Bribing a Public Official With Bud Light

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”     When Judge Arnold O. Jones II asked a Wayne County Sheriff’s Deputy to dig around in Jones’ wife’s text message records between her and another man, the deputy didn’t tell him…

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Are there any criminal implications of Trump’s groping?

Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”   Donald Trump has been all over newspapers and cable news in recent weeks and, though he generally loves media attention, he’d probably prefer it if he weren’t. A leaked tape of…

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Riot Charges Dropped for 1 Dakota Pipeline Journalist; Other Still Faces 45 Years in Prison

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”   The term “riot” is a sensitive one in many cities across the nation these days, including in the Queen City. Charlotte-Mecklenburg Police arrested at least 72 people over the six (6) days of…

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“You Have the Right to an Attorney”—Unless Prosecutors Insist You’re Unconscious?

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?”   The man suspected of planting the bombs on the Jersey Shore and in Manhattan last month is being represented by attorneys for the American Civil Liberties Union (ACLU) after being denied access to a federal…

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