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Charlotte Criminal Lawyer Blog

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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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Woman Beats DUI Charge Because Her Body is a Brewery

Charlotte DWI Lawyer Brad Smith answers the question: “Is there more than one way for police to charge a person with DWI?”   A New York woman with a 0.33 blood alcohol content recently beat a DUI charge based on an extremely unusual defense: a rare medical condition turns her…

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NC Man Gets DWI Conviction Thrown Out: Appeals Court Rules Traffic Stop Was Illegal

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”   James Lee Johnson was indisputably impaired as he drove to his Hendersonville, North Carolina home one night in February of 2013. He blew a 0.13 on the blood alcohol test the police…

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Board Recommends Parole for Charles Manson Disciple Leslie Van Houten

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”   Manson Family member Leslie Van Houten was finally recommended for parole by a parole board panel this April after having been denied 19 times. The full California Board of…

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Aluminum-Covered Bank Robbers Foiled by Security Cameras

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”   A busted pair of bank robbers in Brazil had resorted to an interesting method of disguise for their attempted heist: the duo covered themselves head to toe in aluminum foil for their early-morning…

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2016 Marks 50th Anniversary of Miranda v. Arizona

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”   “You have the right to remain silent…”, a phrase that almost all of us know, but few truly understand. The words are part of what has become known as a Miranda Warning or…

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Hookup Aps And Potential Criminal Charges Connected With HIV/STI Transmission

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?”   Anyone who has been in the dating pool recently has likely noticed a change from years past. Where previously, you might have…

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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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