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Charlotte Criminal Lawyer Blog

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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…

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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:…

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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…

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China Gives Plea Bargaining A Try

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?”   Anyone who’s even remotely familiar with the criminal justice system or, for that matter, television shows revolving around the criminal justice system, has likely heard of plea-bargaining. Plea bargains are deals reached between…

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California Lawmakers Move To Close Criminal Loophole

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”   Everyone has likely heard of the Stanford sexual assault case by now, the one involving Brock Turner, the former college athlete who was convicted of sexually assaulting an unconscious…

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Pokémon Go: Helping, and Annoying, Police Since 2016

Charlotte Criminal Lawyer Brad Smith answers the question: “Am I allowed to videotape an interaction with police? Can they make me stop filming?”   Whether you’re an avid catcher of Pikachus or are convinced the era of technology taking over is upon us, you’ve no doubt noticed Pokémon’s rather public…

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Evidence from an Illegal Stop Can Still Be Used Against You, Says Supreme Court

Charlotte Criminal Lawyer Brad Smith answers the question: “If I have an outstanding warrant, what should I do?”   We previously covered the recent United States Supreme Court ruling in Birchfield v. North Dakota that addressed the legality of blood tests performed on individuals pulled over under suspicion of driving…

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Criminal Law and the Ryan Lochte Mess

Charlotte Criminal Lawyer Brad Smith answers the question: “How is getting charged with a crime on a college campus different from being charged off campus?”   Anyone with access to the internet has likely heard about the mess Ryan Lochte and his fellow American Olympic swimmers recently got themselves into…

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Civil Forfeiture Law In South Carolina Draws Attention

Charlotte Criminal Lawyer Brad Smith answers the question: “Do I need to hire an attorney if I have been falsely accused?”   A man from North Carolina had a firsthand experience with neighboring South Carolina’s sweeping civil forfeiture law and is now suing to try and recover the property that…

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Georgia Court Says Recording “Upskirt” Videos Not A Crime

Charlotte Criminal Lawyer Brad Smith answers the question: “I was found not guilty of a charge, buy my record still shows the charge. What is going on?”   Most people would instinctively assume that secretly recording a woman wearing a skirt from below would qualify as some kind of crime.…

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