Charlotte DWI Lawyer Brad Smith answers the question: “What steps should I be taking outside legal guidance to help my DWI case?” Two (2) new deadlines for DWI trials in North Carolina took effect at the beginning of this month, and it’s a mixed bag for defendants. One of…
Charlotte Criminal Lawyer Blog
Understanding No Contest and Alford Pleas
Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?” Everyone knows that you have the right to plead “not guilty” to criminal charges filed against you. Meanwhile, “guilty” pleas are usually used when a person is taking a plea bargain in exchange…
Can you go to jail for environmental crimes?
Charlotte Criminal Lawyer Brad Smith answers the question:”What is an expungement?” The Chief Prosecutor of the International Criminal Court (ICC) recently announced that people responsible for serious environmental crimes could be prosecuted by the court. The announcement represents a shift for the ICC, which has long focused on prosecuting…
Judge Rules for First Time that Feds Can’t Use Your Cell Phone as a Tracking Device Without Warrant
Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?” In what is reported as the first federal ruling of its kind, a federal judge in New York ruled this August that the government cannot use a fake cell tower known as…
Charlotte Police Release Footage of Shooting
Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?” Charlotte has been gripped by protests in the days following the deadly shooting of Keith Lamont Scott. Scott was killed by police officers who said he was using marijuana and carrying a gun that he…
Criminal Disenfranchisement and Voting Rights: 2 Steps Forward, 3 Back
Charlotte Criminal Lawyer Brad Smith answers the question:”A past conviction is keeping me from finding work. What can I do?” Virginia’s Supreme Court ruled this July that its governor’s decision to restore voting rights to over 200,000 felons violates the state’s constitution. The court ruled 4 to 3 that…
North Carolina Man Charged In False Clown Sighting Incident
Charlotte Criminal Lawyer Brad Smith answers the question: “What should parents tell their children to do when interacting with police officers?” If you’ve been following the news closely you’ve likely seen articles about a recent rash of clown sightings. The stories have popped up everywhere, in North Carolina, Minnesota,…
New “Blue Lives Matter” Law Taken For A Spin in Louisiana
Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?” There’s been a recent push by legislatures in some states to pass what are known as “Blue Lives Matter” laws. This broad category refers to measures intended to stiffen penalties faced by offenders who perpetrate…
Attorneys Permanently Disbarred for Setting Up Opposing Counsel for DUI Mid-Trial
Charlotte DWI Lawyer Brad Smith answers the question: “Is there more than one way for police to charge a person with DWI?” The Florida Supreme Court recently ruled to permanently disbar two Tampa civil attorneys for one of the most movie-plot-level setups the Court said it had ever seen:…
A Dank Car Alone Does Not Authorize Police to Search Your Person, Says NC Appeals Court
Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?” It has long been the case that police can claim they smell marijuana in order to gain the probable cause needed to search your person, vehicle or other personal property you have…