Attorney J. Bradley Smith answering the question: “What happens if I am convicted of a DUI or DWI in North Carolina?” An interesting case in Oregon was recently decided that resulted in one person’s DUI conviction being thrown out and the case remanded for retrial. The defense was an unusual…
Attorney J. Bradley Smith answering the question: “Is there more than one way for police to convict a DWI?” In light of the recent controversial decision in the Trayvon Martin case, many people have been discussing the self-defense laws on the books in other states and some may wonder what…
Attorney J. Bradley Smith answering the question: “Are breath test results always accurate?” North Carolina Department of Transportation officials announced that nearly 1,800 drivers across the state were arrested over the July Fourth holiday period. DOT officials say the huge number of arrests were the result of an important collaboration…
Attorney J. Bradley Smith answering the question: “Should I talk to the police?” Authorities say that two sex offenders in the state were recently arrested in Salisbury, NC for various violations. One offender was arrested after failing to notify the local Rowan County Sherriff’s Office about a change of address…
Attorney J. Bradley Smith answering the question: “What is the difference between a misdemeanor and a felony?” The office of the U.S. Attorney announced that it had issued indictments for 17 men and women living in and around Charlotte, NC this past week regarding their involvement in a large-scale methamphetamine…
Attorney J. Bradley Smith answering the question: “Can the police search my car without a warrant?” Many people know that the U.S. Constitution affords criminal defendants the right to confront their accusers. Though that seems clear enough, the North Carolina Supreme Court has recently wrestled with the problem of what…
Attorney J. Bradley Smith answering the question: “A past conviction is keeping me from finding work what can I do?” Authorities say two individuals have been arrested for using phony prescriptions to get painkillers from pharmacies across North and South Carolina. The two individuals, Steven Rhodes and Heather DeYoung, were…
Attorney J. Bradley Smith answering the question: “If I simply intend to plead guilty, why do I need a lawyer?” A divided Supreme Court ruled in an important case last week that it is unconstitutional for judges to use current federal sentencing guidelines if they contain harsher penalties than the…
Attorney J. Bradley Smith answering the question: “What is an expungement?” Though hunting is usually thought of as a low-key weekend activity among friends or family, a recent cases shows how in some cases it can turn into quite a serious matter. A federal judge in the Western District of…
Attorney J. Bradley Smith answering the question: “A past conviction is keeping me from finding work what can I do?” In an important divided criminal law decision released earlier this week, the U.S. Supreme Court voted 5-4 to say that silence can be used against defendants in certain circumstances. The…