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Articles Posted in Criminal law

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Do I Need a Criminal Attorney?

Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?”   The prospect of having to hire a criminal attorney can be terrifying. No one wants to be in a position to have to figure out whether or not…

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Proposed Senate Bill Could Legalize Three Ounces of Marijuana

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?”   As society evolves and changes, the laws that govern us also need to evolve. A hot button topic in politics right now is updating…

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Is it Legal to Film the Police?

Charlotte DWI Lawyer Brad Smith answers the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?”   In today’s society, it is not uncommon to turn on the news or open any social media platform and see a video of someone’s interaction with the…

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GPS Tracking of Domestic Violence Offenders Proposed in North Carolina

Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?”   A new bill was introduced in the North Carolina House of Representatives that would permit domestic violence offenders to be tracked via GPS. The plan is to have…

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Five Types of Property Crime in North Carolina

Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”   Criminal law is complex. There are many crimes that can be committed under the same “type” of offense and there are different levels of severity for each crime. In North Carolina,…

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Supreme Court To Hear Case Involving Minor Sentenced To 241 Years In Prison

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”   Those who follow issues involving criminal law may know that the United States is an outlier among other countries in the world when it comes to punishment of juvenile…

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Does appearance impact criminal sentencing?

Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”   A commonly repeated trope of the criminal justice system is that lady justice is blind. We say this because we hope that all are treated fairly before the law. The hope…

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Editorial Proposes Radical Idea To Reduce Police Violence: Decriminalize Traffic Violations

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”   When most people think about their last interaction with a police officer it almost always involves a traffic stop. A person was speeding or not wearing a seat belt or ran a red…

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Double Jeopardy: Feds and State Can Still Both Charge You for Same Conduct

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”   When the Utah jury acquitted a man named Roberto Román of first-degree murder of an officer of the peace, Román and his attorney breathed sighs of relief. Román was still convicted of two…

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Supreme Court: You Can’t Criminalize DUI Refusal to Submit a Blood Test

Charlotte DWI Lawyer Brad Smith answers the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?”   The United States Supreme Court has had a busy last few weeks when it comes to the Fourth Amendment. Two of its most recent opinions in particular…

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