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Articles Posted in burden of proof

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Wrongful Convictions and Racial Disparities in North Carolina’s Criminal Justice System

Charlotte Criminal Lawyer Brad Smith answers the question: “Do I need to hire an attorney if I have been falsely accused?”   North Carolina’s criminal courts use the highest burden of proof for convictions and imprisonment. However, even the highest burden of proof may not protect innocent defendants from racial…

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What are Mitigating Circumstances for Crimes in North Carolina?

Charlotte Criminal Lawyer Brad Smith answers the question: “When can I post on Social media about my ongoing case?”   If you are facing criminal charges in North Carolina, your potential sentence for the offense could be reduced if “mitigating circumstances” are found. In North Carolina, felony sentences depend on…

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The Criminal Court Process in North Carolina

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”   The criminal court process can be difficult to understand. If you have never been charged with a crime, or even if you have, it can be difficult to determine…

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The Criminal Court Process in North Carolina

Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”   The criminal court process can be difficult to understand. If you have never been charged with a crime, or even if you have, it can be difficult to determine what the…

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North Carolina Court Rules Further on Drug ID

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”   Criminal charges and the subsequent trial that follow can raise legal questions for North Carolina courts. There are always new issues that arise and new considerations to be taken…

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Court of Appeals Rules on Satellite-Based Monitoring for Sex Offenders

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”   It is unsurprising that the general population is hesitant about having those who have been convicted of sex crimes re-enter society. Therefore, there are a variety and programs that…

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Defenses to Criminal Domestic Violence Charges

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?”   North Carolina prosecutors vigorously prosecute domestic violence cases. This strict approach is in response to the general public’s feeling that abuse among partners is heinous…

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Illinois Legislature Approves Changes To Civil Forfeiture Law

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I clean up my social media profile after being charged?”   We have discussed civil asset forfeiture cases previously, noting each time how these important matters tend to happen under the radar. Few people understand that the police have the power…

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What is a mistrial?

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?”   It’s been more than 10 years in the making, but the criminal case revolving around Bill Cosby came to the end, rather quietly, over the weekend. Though people have speculated for some time…

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Is sloppiness enough to justify murder conviction?

Charlotte Criminal Lawyer Brad Smith answers the question: “If I have an outstanding warrant, what should I do?”   A big case that gripped the nation several years ago has finally come to a close. The case, against the owner and head pharmacist at the New England Compounding Center, garnered…

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