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Charlotte Criminal Lawyer Blog

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In many cases, the “when” in a criminal case is still up to the Prosecutor

J. Bradley Smith of Arnold & Smith, PLLC answers the question “What is the difference between a misdemeanor and a felony?”   A criminal defense attorney was recently admonished by a District Court judge for seeking to have a motion heard. “The District Attorney controls the docket,” the judge told…

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Legislature wants extra jail time for any “nefarious drone enterprise”

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I talk to the police?”   Incidents involving drones are on the rise, and state legislatures are not waiting for the Federal Aviation Administration or the United States Congress to act on promulgating comprehensive civil and criminal rules…

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State legislature reshaping criminal code in wake of legalized marijuana use

J. Bradley Smith of Arnold & Smith, PLLC answers the question “What is the difference between a misdemeanor and a felony?”   The Washington State legislature is considering changes to the state’s criminal code that would dramatically alter the manner in which marijuana-related crimes are prosecuted in the state. Under…

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Change in “equitable sharing” may mean less dubious seizures of “criminal” cash, property

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?”   Kenneth Lamont Clark runs a strip club and his patrons pay for their entertainment with cash. A lot of cash. So when deputies in Harnett County who were partnering with…

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Federal, state governments flooding American society with “crimes”

Charlotte DWI Lawyer Brad Smith answers the question: What are the long term effects of being convicted of a crime?   On average, American professionals commit several crimes per day, according to lawyer Harvey Silverglate. He wrote a book on the subject titled Three Felonies a Day. Silverglate and many…

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Depending on how they are used, self-administered breath tests may be valuable

Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “Are breath test results always accurate?”   New, portable breath-testing machines sold by Breathometer, Inc. and other companies are making waves in the public marketplace, particularly among college-aged and twenty-something adults. Users of…

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New hacking legislation could make criminals of us all, say insiders

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?”   Tech industry insiders are guffawing at new cybersecurity initiatives unveiled by the Obama administration. According to insiders familiar with the proposals, new cybersecurity-targeted criminal laws will make criminals of us…

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Ignorance of law, legal rights at issue in North Carolina-related Supreme Court case

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I talk to the police?”   A recent United States Supreme Court has some legal observers complaining that police officers are entitled to mistakes of law, while ordinary citizens are not. The decision underlines, however, the ignorance many…

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Road rage, forgery convictions no obstacle to employment in Family and Children Services

Charlotte DWI Lawyer Brad Smith answers the question: A past conviction is keeping me from finding work what can I do?   The State of Georgia has employed a woman to protect its most vulnerable children despite her convictions for forgery and on charges stemming from a 2011 road-rage incident.…

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Trooper says accident not bus driver’s fault, charges her with reckless driving anyway

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I represent myself on a traffic ticket?”   A 38-year-old Gaston County woman has been charged with reckless driving after a school bus crash that injured 23 middle school students, despite the fact that a North Carolina State…

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