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Defenses to Drug Possession Charges in North Carolina

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”   Drug possession is a serious criminal charge that comes with dire consequences. If convicted of drug possession in North Carolina, you could face hefty fines, imprisonment, and other life-altering penalties. For this…

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Is Self-Defense Considered Assault in North Carolina?

Charlotte Criminal Lawyer Brad Smith answers the question: “If I have an outstanding warrant, what should I do?”   Many North Carolinians mistakenly believe that they have a right to self-defense any time they are attacked or provoked by another individual. While self-defense can be justifiable under certain circumstances, “defending”…

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I Was Charged With a Federal Crime: What Should I Do?

Charlotte Criminal Lawyer Brad Smith answers the question: “Do I need to hire an attorney if I have been falsely accused?”   Being charged with a federal crime is a very stressful and frightening experience. Many people who are facing federal charges do not know what happens after they are…

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What are Criminal Penalties for Violating North Carolina’s COVID-19 Curfew?

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’s statewide curfew took effect on December 11, 2020, as COVID-19 cases and hospitalizations continue to rise and break new records. Under the state’s…

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What is the DWI Lookback Period in North Carolina?

Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?”   Courts must consider a variety of factors, including previous DWI convictions on the defendant’s record, to choose an appropriate sentence and penalties. If you have been charged with…

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North Carolina Inches Closer to Decriminalization of Marijuana

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”   A North Carolina task force calls for the decriminalization of marijuana in the state. The state’s Task Force for Racial Equity in Criminal Justice has adopted recommendations to decriminalize possession of marijuana in…

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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 is Underage (Provisional) DWI in North Carolina?

Charlotte DWI Lawyer Brad Smith answers the question: “Is there more than one way for police to charge a person with DWI?”   North Carolina’s Zero Tolerance Law makes it illegal for people under the age of 21 to drive with any amount of alcohol or drugs in their system.…

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Types of Racketeering Offenses and Defenses to RICO Charges

Charlotte Criminal Lawyer Brad Smith answers the question: “If I have an outstanding warrant, what should I do?”   RICO stands for the Racketeer Influenced and Corrupt Organizations Act, a federal law created in the 1970s to fight organized crime. Law enforcement agencies devote extensive resources to prosecute and convict…

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What is North Carolina’s Law of Implied Consent in DWI Cases?

Charlotte DWI Lawyer Brad Smith answers the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?”   If you were pulled over and a police officer believes that you were driving under the influence of alcohol, you may be asked to submit to chemical…

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