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Articles Posted in Court Procedures

Charlotte DWI Lawyer Brad Smith answers the question: “Can I represent myself on a traffic ticket?”

The coronavirus pandemic, which paralyzed the U.S. court system, made it problematic for defendants to get a speedy trial. Luckily, there are ways to defend your right to a speedy trial despite the ongoing COVID-19 pandemic.

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”

North Carolina’s state prisons are releasing some inmates out early in an attempt to slow the spread of COVID-19 in prisons. The announcement was made by the state’s corrections officials, according to the Charlotte Observer.

Charlotte Criminal Lawyer Brad Smith answers the question: “If I have an outstanding warrant, what should I do?”

It is scary to think about turning yourself in to the North Carolina police, let alone actually to go to the police station and do it. Many of those who consider turning themselves in are aware of a warrant for their arrest.

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

They say it is better to apologize late than never. However, the same principle does not apply when you are being accused of a crime, especially if you did not commit one.

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

After an arrest, but before an arraignment, there is a period of legal purgatory that can be confusing and stressful for those facing criminal charges. It is during this period of time that an attorney can file a motion requesting a preliminary hearing – or a pre-trial hearing in front of a judge that requires the prosecutor to prove the existence of probable cause.

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

While uncommon, it is not out of the realm of possibility that someone who is due in court for a criminal matter forgets about it and fails to appear. When you have a court date, you are required to appear at the specified date and time, unless other arrangements have been made. Failing to appear could result in a warrant for an arrest be issued. Whether you simply forgot about the court date, were too scared and did not show up, or were confused on the dates because of matters in other jurisdictions, an arrest warrant can be issued and make matters worse.

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”

It is not surprising that minors and adults are treated differently under the law when it comes to committing crimes. Minors are still learning and growing into adults and often face less stringent repercussions for committing, or being accused of a crime than an adult committing the same crime. This begs the question, who is considered a minor for crimes committed in North Carolina? Is there always a strict age defining a minor, or can the age of minority shift depending on the crime?

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

Police are an integral part of society; they keep the peace, catch criminals, and put their lives at risk to keep the general population safe. Since the police play such a large role in solving crimes and convicting criminals, it is not surprising that police officers are often called to testify during court proceedings. An issue arises with police testimony, however, when the officer testifying was not involved with the incident at all. Instead, that officer is offering an opinion, based off of his or her police experience, as to what happened or would have happened. This practice is controversial because someone without actual knowledge, or only investigative knowledge, of the incident is offering testimony that could sway a jury.

Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?”

A Johnston County court has appeared in the news recently for kicking a woman out of court while she was breastfeeding her baby in a sling, according to WRAL. Danielle Bell needed to appear in traffic court. She brought her 3-month old child with her. While waiting for the case to be called, sitting in the back of the courtroom, she breastfed her baby who was covered up in a sling. A deputy of the court told her that children under the age of 12 were not permitted in the courtroom and asked her to leave. Bell’s husband took the child outside of the courtroom.

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”

One of the fundamental principles of the criminal justice system in the United States is the right to have a trial by a jury of your peers. With any jury trial comes a set of instructions that either side wants to be read to the jury, if a judge so allows. Usually, instructions include explanations or definitions to various aspects of the case and charges at hand. These instructions are a matter of fact and relate to the case and the types of charges a defendant is facing.

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