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Charlotte Criminal Lawyer Blog

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What you should know about the 1994 Crime Bill

Charlotte Criminal Lawyer Brad Smith answers the question: “When can I post on Social media about my ongoing case?”   A hot topic the past week or so has concerned a bill signed into law more than two decades ago. The 1994 Crime Bill has become important of late given…

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Accused ISIS Supporter Stuck in Stateside Honeypot Trap

Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?”   A young man from Michigan is being accused of supporting the Islamic State by federal prosecutors after becoming involved in a so-called “honeypot trap.” Khalil Abu Rayyan, 21,…

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Can the Spousal Privilege Protect Former Teacher Who Married Student Before Trial?

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 38-year-old former high school teacher being prosecuted for sexual contact with a student is being slammed by the district attorney on his case for…

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Court Declares Anti-Gang Legislation Unconstitutional

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I clean up my social media profile after being charged?”   Lawmakers frequently look for new ways to appear tough on crime. In Tennessee, one popular approach was to target gang members with enhanced criminal sentencing guidelines. Though the law was…

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Girlfriend’s Verbal Taunting, Other Boyfriend Don’t Justify “Heat of Passion” Defense

Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?”   A North Carolina state appellate court released a ruling this [week] refusing to accept the defendant’s claims that he was provoked into killing his girlfriend because he was…

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Trump’s Campaign Manager and The Case For Assault

Charlotte Criminal Lawyer Brad Smith answers the question: “As a parent, what should I be aware of when speaking to police about charges my child faces?”   We recently discussed the potential case to be made against Donald Trump related to an incident in North Carolina that left a protestor…

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Armed ≠ Dangerous for Stop and Frisk by Police, Judge Rules

Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can the police search my car without a warrant?”   The federal appellate court with jurisdiction over North Carolina just ruled in a surprising decision that “armed” does not automatically mean “dangerous” within…

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“Pot Breathalyzer” Looming Imminent in Clinical Trials

Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “Are breath test results always accurate?”   Since the gradual decriminalization and legalization of marijuana state-by-state in recent years, many say it was only a matter of time. Companies are battling it out…

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VHS Rental Leads To Arrest in North Carolina

J. Bradley Smith of Arnold & Smith, PLLC answers the question: I was found not guilty of a charge, but my record still shows the charge   It’s thankfully pretty rare that North Carolina criminals land on the front pages of newspapers across the country (and even the world). But…

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Does a Juror Have the Right to Acquit No Matter the Evidence?

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Do I need to hire an attorney if I have been falsely accused?”   Juries play an incredibly important role in our criminal justice system in determining the guilt or innocence of the accused. The topic of jury nullification…

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