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Articles Posted in appealed conviction

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Can I be Charged With DWI in North Carolina if My BAC is Less Than 0.08%?

Charlotte DWI Lawyer Brad Smith answers the question: “Is there more than one way for police to charge a person with DWI?”   Many people mistakenly believe that they can only be charged with driving while impaired (DWI) if they are above the legal blood alcohol concentration (BAC) limit, which…

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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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Craigslist-post conviction thrown out; criminal defamation law ruled unconstitutional

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I ever plead guilty to a charge?”   The axiom that “The truth shall set you free” is, in my opinion, a bit overused and often used out of context. The quote—from the eighth chapter of the Gospel…

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Police officer seeks dismissal of conviction related to fantasy of killing, eating women

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?”   The prosecution of a former New York City police officer who federal prosecutors say participated in “a concerted criminal plot to kidnap and eat women” has raised concerns that his…

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Conviction overturned because man’s fish were not “tangible objects”

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?”   Remember Enron? It seemed like such a big deal until all the malfeasance that (allegedly) caused 2009’s Great Recession came to light, causing the collapse and usurpation of thousands of…

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