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Articles Posted in Criminal attorney

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Criminal Implications of Charlottesville Car Attack

Charlotte Criminal Lawyer Brad Smith answers the question: “How is getting charged with a crime on a college campus different from being charged off campus?”   The incident over the weekend in Charlottesville, VA where neo-Nazis and white supremacists gathered to protest the removal of Confederate statues resulted in the…

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Supreme Court Agrees To Decide Case Concerning Cellphone Privacy

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?”   As technology improves, it’s all but guaranteed that some enterprising criminal will find new ways to perpetrate crimes. After all, where there’s a will, it won’t be long until there’s a way. Though technological advancement…

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Jury Awards $150,000 to SC Man in Wrongful Prosecution/Stand-Your-Ground Case

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?”   In a lawsuit for malicious prosecution, a York County jury has awarded a $150,000 verdict to a Rock Hill-area man for the county Sheriff’s Office…

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New York Governor Pardons Thousands of Juvenile Offenders

J. Bradley Smith of Arnold & Smith, PLLC answers the question: “What is an expungement?”   Today was a big day for those advocating change to harsh criminal laws that allow young offenders to be charged in the adult criminal justice system. Currently, New York and North Carolina are the…

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Retired tennis player James Blake calling for more police accountability following false arrest

Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can the police search my car without a warrant?”   When the U.S. Open tennis tournament concluded last weekend in New York, one of the tournament’s major storylines had nothing to do anything…

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North Carolina Teens Reach Deal With Prosecutors Over Sexting

Charlotte DWI Lawyer Brad Smith answers : I was found not guilty of a charge, but my record still shows the charge   Two North Carolina teens have reached deals with prosecutors and are now able to move on with their lives, avoiding jail time and registration as sex offenders.…

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Mistrial Declared In Charlotte Police Officer Manslaughter Case

J. Bradley Smith of Arnold & Smith, PLLC answers the question “What is the difference between a misdemeanor and a felony?”   Charlotte-Mecklenburg police office Randall Kerrick avoided conviction on manslaughter charges last week when the North Carolina jury deadlocked, forcing the judge presiding over the case to declare a…

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Use of criminal law to address societal problems leads to over-criminalization

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I ever plead guilty to a charge?”   The passage of the Controlled Substances Act by the United States Congress in 1970 represented perhaps the largest single legislative effort to address societal problems by use of the criminal…

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High court invokes ancient legal principle to throw out man’s social-media conviction

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?”   The United States Supreme Court has thrown out the conviction of a man who prosecutors accused of threatening his wife, coworkers, a kindergarten class and law-enforcement officials in online social-media…

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Legislator moves to criminalize sex “procured by fraud,” jail offenders for 20 years

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I talk to the police?”   A man after a woman’s heart may be prone to a bit of puffery, but legislators in New Jersey want to criminalize that puffery when it rises to the level of deception.…

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