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Charlotte Criminal Lawyer Blog

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North Carolina Supreme Court Confronts Confrontation Clause :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

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…

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North Carolina Prescription Drug Fraud Leads To Arrests :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

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…

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New, Harsher Guidelines Cannot Be Used When Sentencing Criminals For Older Crimes :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

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…

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North Carolinians Sentenced To Jail Time For Illegal Hunting :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

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…

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Salinas v. Texas Case Says Silence Can Be Used Against You :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

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…

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ACLU Says Racial Bias Exists In North Carolina Marijuana Possession Arrests :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

Attorney J. Bradley Smith answering the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?” According to a recent ACLU report, the State of North Carolina spent over $55 million enforcing marijuana possession laws in 2010. The civil rights group pointed out that not…

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Charlotte Police Crack Down On Crimes At Transit Center :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

Attorney J. Bradley Smith answering the question: “If I simply intend to plead guilty, why do I need a lawyer?” A recent news report revealed that far too many crimes are occurring at the Charlotte CATS transit center. The bus station in Uptown has become something of a hangout destination…

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North Carolina Men Arrested After Trying To Steal A Motorcycle From A Crime Scene :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

Attorney J. Bradley Smith answering the question: “Can the police search my car without a warrant?” In a sad case out of Lincoln County, police say that two men in the area have been arrested and charged with trying to steal a motorcycle from the home of a woman who…

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North Carolina Man Charged With DWI After Crashing Into State Troopers With Child In Back Seat :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

Attorney J. Bradley Smith answering the question: “Is there more than one way for police to convict a DWI?” Officials in North Carolina say they have arrested a man and charged him with drunk driving after he crashed into four state trooper vehicles with a child in the back seat.…

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Supreme Court Opens Door For Increased DNA Sampling :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

Attorney J. Bradley Smith answering the question: “If I simply intend to plead guilty, why do I need a lawyer?” Earlier this week the U.S. Supreme Court handed down an important decision regarding the ability of police officers to take DNA cheek swabs of those arrested but not yet convicted…

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