Articles Posted in Civil Rights

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. Getting stopped by the police should not be an alarming experience, but sometimes it can escalate into something else.

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 disparities and biases within the criminal justice system.

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 a warrant to search your home, person, and belongings.

Charlotte Criminal Lawyer Brad Smith answers the question: “Do I need to hire an attorney if I have been falsely accused?”

Criminal courts use proof beyond a reasonable doubt, the highest legal standard of proof, to ensure that people are imprisoned for actually committing a crime rather than merely being suspected of committing it.

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”

Even if you did not commit a crime, talking to police officers during a traffic stop can be a stressful experience. When police suspect that you have committed a crime, they may want to search your vehicle. However, unless your circumstances meets the criteria that allow police to do a warrantless search, law enforcement officers need your permission to search your vehicle.

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?”

The killing of George Floyd by a police officer in Minneapolis, Minnesota, triggered a wave of nationwide protests against racial injustice and police brutality.

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”

Several cities in North Carolina enacted a curfew in response to protests over the killing of George Floyd. In Charlotte, 30 people were arrested during the second night of protests, according to WBTV.

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.

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?”

After North Carolina’s “stay-at-home” order went into effect on March 30, 2020, to slow the spread of the coronavirus (COVID-19), many residents began to wonder, “Can I be fined or arrested for violating the order?” and “Are there criminal charges if I do not comply with the order?

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 police. The ever-present fear of police misconduct can create the sense of need to record police interactions. These types of recordings can be helpful in determining what happened between police and a suspect or individual. With a recording, no one can lie about what was said or misconstrue the actions of another because there is video evidence present. Of course, a video cannot show everything, and legally resolving any issues can take more evidence than a minute long video of one aspect of an altercation. Nevertheless, videos hold police accountable for their actions, as well as the individuals interacting with the police. Is recording a police officer legal, though? Do you have to inform the officers that you are recording them? The answer is: It depends.

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