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Articles Posted in constitutional rights

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I’m Innocent: Do I Still Need an Attorney?

Charlotte Criminal Lawyer Brad Smith answers the question: “Do I need to hire an attorney if I have been falsely accused?” Every day, thousands of people across the country are arrested on criminal charges. In North Carolina, there are more than 100,000 people serving time in prison after a criminal…

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What Happens if the Police Do Not Read Me My Rights During an Arrest?

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”     Getting detained and arrested by the police can be a traumatic experience. The situation often happens rather quickly and only later do you begin to think about how the incident unfolded. While…

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Can I Fight Disorderly Conduct Charges?

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?”   A charge of disorderly conduct is typically a misdemeanor crime that may encompass a variety of actions. The police often may charge disorderly conduct along with other charges in a case. While disorderly…

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What are Your Rights After Getting Stopped by the Police?

Charlotte Criminal Lawyer Brad Smith answers the question: “Am I allowed to videotape an interaction with police? Can they make me stop filming?”   One of the many duties of the police is to make routine stops. This, among other reasons, is why an officer can sometimes pull you over.…

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How DWI Charges Get Dismissed in North Carolina

Charlotte DWI Lawyer Brad Smith answers the question: “How can an attorney help me with my DWI?”   Given the negative consequences and social stigma associated with a driving while impaired charge in North Carolina, many people who have been arrested for DWI wonder, “How can I get my DWI…

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Do North Carolina Police Officers Need a Warrant to Search Your Home?

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”   If you are familiar with your constitutional rights in the U.S., you probably know that the Fourth Amendment protects you from unreasonable searches and seizures. In other words, police officers must have…

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Were Anti-Abortion Protesters’ Rights Violated When They Were Arrested?

Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”   Arrests of anti-abortion protesters in multiple North Carolina cities, including Charlotte, made national headlines, prompting many high-profile politicians to accuse the police of violating the arrested protesters’ constitutional rights. So, were…

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Should You Turn Yourself in When There is a Warrant for Your Arrest in North Carolina?

Charlotte Criminal Lawyer Brad Smith answers the question: “If I have an outstanding warrant, what should I do?”   It is scary to think about turning yourself in to the North Carolina police, let alone actually to go to the police station and do it. Many of those who consider…

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Can a Jury Being Instructed on Collateral Damage of a Conviction?

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”   One of the fundamental principles of the criminal justice system in the United States is the right to have a trial by a jury of your peers. With any…

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Can Police Take My Gun During a Traffic Stop?

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”   The Second Amendment to the United States Constitution gives citizens the right to bear arms. This is not to say that a person is lawfully permitted to carry a weapon at all…

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