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Charlotte Criminal Lawyer Blog

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Can Littering Be A Felony In North Carolina?

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?”   Everyone knows that you shouldn’t litter. When most people think of litterbugs, they think of those who throw fast food bags out their windows while driving down the road. Most of these cases are punishable…

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North Carolina Woman Wanted After Mother Found Dead In Freezer

Charlotte Criminal Lawyer Brad Smith answers the question:”A past conviction is keeping me from finding work. What can I do?”   In a truly grim case out of Goldsboro, North Carolina, police say they are actively searching for a woman whose mother was found dead in a freezer. Police say…

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You Can Touch But You Can’t Look (On Your Phone): Man Charged With Child Porn After Affair With Legal Minor

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 Texas, it is legal to have sex with someone as young as 17 years old. This was not where Aldo Leiva, 51, ran afoul…

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Armed Robber Jailed After Victim’s Facebook Suggested They Become Friends

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”   The “People You May Know” section on Facebook is one of those love-it-or-hate-it features. Like so many other aspects of social media in an age where the law recognizes almost all social platform…

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Louisiana Tries To Protect Cops With New Hate Crime Legislation

Charlotte Criminal Lawyer Brad Smith answers the question: “Am I allowed to videotape an interaction with police? Can they make me stop filming?”   Hate crime legislation is designed to protect those who are victims of discrimination or violence perpetrated by others. The laws are written to provide this protection…

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Your Fingerprints Can’t Plead the Fifth, Federal Court Says

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”   On this blog earlier in the year we talked about the FBI trying to force Apple to hack into the San Bernardino shooting suspect’s iPhone to help with the ongoing criminal investigation. Since…

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U.S. Supreme Court Issues Decision In Race-Based Jury Selection Case

Charlotte Criminal Lawyer Brad Smith answers the question: “Am I allowed to videotape an interaction with police? Can they make me stop filming?”   An important decision in a Georgia death penalty case was finally revealed after the Supreme Court spent more than seven months debating the matter. The High…

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Murder Victim’s Wife Receives Husband’s Gruesome Autopsy Photos in Mail

Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?”   If you’ve already been convicted of a crime but are sitting in jail awaiting sentencing, criminal defense lawyers will normally advise you to stay on your best behavior.…

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President Obama Moves To “Ban the Box” For Federal Jobs

Charlotte Criminal Lawyer Brad Smith answers the question: “If I am charged by campus police could I still face jail time or probation?”   The “Ban the Box” movement appears to be picking up steam across the country as more and more states pass measures aimed at removing a hurdle…

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Is Genuine Need Ever Justification For Committing Crime? In Italy, Maybe So

  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?”   A man in Italy found himself in the odd situation of having a conviction overturned not because he didn’t do the crime, but because…

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