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Articles Posted in criminal trial

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What is My Right to a Speedy Trial?

What is My Right to a Speedy Trial? You have probably heard that defendants have the right to a speedy trial, but you may be unsure what it means. The Sixth Amendment of the United States Constitution guarantees all citizens the right to a speedy trial. This means that a…

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Do I Have the Right to a Trial?

Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?”   American citizens are afforded many rights. The United States Constitution Bill of Rights provides us with some fundamental rights. We have the right to bear arms, we have…

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Manslaughter Charges in North Carolina

Charlotte Criminal Lawyer Brad Smith answers the question: “If I have an outstanding warrant, what should I do?”   Manslaughter charges occur when someone dies due to the negligence of someone else. If you are charged with manslaughter you are facing severe consequences if you are found guilty. Manslaughter is…

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Should I Take a Plea Deal?

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?”   When you have been charged with a crime you may feel scared and unsure of what to expect. Your charges could result in severe punishments if you are convicted. You may wonder whether…

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Understanding Dispositional Ranges in North Carolina Criminal Court Cases

Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”   Imagine a scenario in which two individuals in North Carolina commit the same exact felony crime. Should their charges and sentencing be equal? While many people may instinctively answer “Yes,” the…

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What is a Speedy Trial?

Charlotte Criminal Lawyer Brad Smith answers the question: “Am I allowed to videotape an interaction with police? Can they make me stop filming?”   If you watch any TV crime drama, you will likely hear the phrase “right to a speedy trial.” This phrase is thrown about in many television…

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Minnesota Judge Appears To Defy Federal Ruling

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”   Criminal cases are seldom very exciting. Though TV and movies would have you believe differently, the reality is that court rules and procedures restrict what participants are able to…

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What is obstruction of justice?

Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”   After former FBI director James Comey’s recent testimony before Congress, the media has been awash in conversation about obstruction of justice. The question on many minds is whether Comey’s testimony made…

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Plea Bargaining and Criminal Law

Charlotte Criminal Lawyer Brad Smith answers the question:”What is an expungement?”   When most people think of the criminal justice system, they likely imagine something similar to an episode of Law & Order. Police officers testifying, prosecutors and defense attorneys arguing, judges slamming gavels and jurors listening in rapt attention.…

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Jury Secrecy Might Not Be Guaranteed After all

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”   Lots of juicy television police procedurals spend time showing what goes on during jury deliberations. The deliberations often make for good television because of the interest people have in what goes on behind…

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