Articles Posted in Criminal Defense

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

Being charged with a crime can be overwhelming. Suddenly, you are thrust into the court system and worried that you will be found guilty and face serious penalties for an action you may or may not have taken. Your criminal defense attorneys has the goal of achieving the best possible results for you under the circumstances. Most people assume that the only possible outcome for their case is the judge or jury finding them guilty or not guilty. While these are certainly two possible outcomes in criminal court, there are others. Criminal defendants in North Carolina are sometimes offered a plea bargain.

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Charlotte DWI Lawyer Brad Smith answers the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?”

Throughout the country, we often hear a lot of debate about an individual, or his or her property, being subjected to search by law enforcement. The Fourth Amendment of the constitution gives us the right to be free of unreasonable searches and seizures. While there are many cases and court opinions that detail when law enforcement is able to search an individual, or his or her property, we often forget that an individual is able to voluntarily consent to a search. With voluntary consent to search comes a whole host of questions. Can a voluntary search be inferred? Are there particular factors that indicate a person has consented to a search? In the recent case of State v. Bartlett, the North Carolina Court of Appeals found that an individual’s race may be a factor in deciding whether or not a person has voluntarily consented to a search.

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

If you are considering hiring a criminal defense attorney, you are likely in a stressful and trying time in your life. Criminal charges can be confusing and likely carry drastic, life-altering consequences if the defendant is found guilty. As such, it is imperative to hire a criminal defense attorney with the experience and knowledge to provide the best defense possible given the circumstances of the particular case. When hiring an attorney to represent you, you need to use careful consideration to choose the best attorney for your situation. Therefore, there are things that should always be considered in hiring a criminal defense attorney.

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

If you watch a television drama that follows the story of a crime and its prosecution, it seems like a quick process. A crime is committed, suspects are identified, a suspect is charged, the court hears the case, and an outcome is decided. Reality is not like television. Sometimes it takes days, months, or even years to determine who committed a crime. Is there a time limit for bringing about a charge on a suspect? Or can charges be brought anytime after the crime was committed and a suspect was found? The answer to those questions vary from state to state, but in North Carolina it depends on whether the crime was a misdemeanor or a felony.

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

Law enforcement officers are not permitted to arrest individuals anywhere they want. Throughout the United States, North Carolina included, there are different jurisdictional restrictions that law enforcement officers face. Local law enforcement are often restricted to making arrests within their own city or county, depending on the specifics of their position and any statutes outlining their jurisdiction. State law enforcement officers, however, generally are able to arrest people and serve outside of one city or county. There are situations in which an officer is permitted to serve outside of his or her jurisdiction, like when actively pursing a suspect. What happens, however, when a law enforcement officer makes an arrest outside of his or her jurisdiction? Can that arrest be suppressed?

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Charlotte Criminal Lawyer Brad Smith answers the question: “What should parents tell their children to do when interacting with police officers?”

A chair is thrown in a cafeteria. What is your first reaction to that? Silly high school antics? Assault? Is this a crime? The North Carolina Court of Appeals had to deal with this very question. A high school student under the age of 16 threw a chair in the cafeteria of his high school and ran out of the room. A school resource officer followed the chair throwing student out of the cafeteria, snuck up on him, and grabbed him by his shirt. After being confronted about the chair throwing incident, the student claimed that he was just goofing around with his brother when the chair was thrown. Initially, the student was caught off guard being apprehended by the school resource officer, but calmed down within minutes of being approached and taken to a conference room.

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

Being charged with a crime in North Carolina can be scary. Suddenly, you are facing serious penalties and even a prison sentence that could be devastating to your life. In criminal cases, most people think of a defendant being found “guilty” or “not guilty.” Not guilty is the ideal finding in a criminal case, but that is not always the result. When defendants hear a guilty verdict, they might think that their lives are ruined. In criminal cases in North Carolina, there are some options for a defendant, even after a finding of guilt.

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

A woman named Julie Cantu recently experienced one of the (many) negative aspects of today’s information age. While out on a first date, the man asked her several normal get-to-know-you questions, but then included an odd one about whether she had experienced any brushes with the law. Julie was perplexed about the question and when she got home Googled herself. She was horrified to discover that there, after her LinkedIn photo, was another, much less flattering one: her mugshot from years before when she was arrested for drunk driving.

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

We have discussed bail before. Specifically, we have discussed the ways in which the current bail system in place in many states is designed in such a way that disadvantages the poor and minority communities. The bail system allows those with money or access to money to avoid incarceration, while punishing those without financial resources by remaining behind bars. Many argue bail is even worse than simply inequitable, it reinforces and even exacerbates financial disparities in the criminal justice system. When a poor person is not able to make bail, he or she will then spend weeks or months behind bars awaiting trial. During this time he or she will likely become unemployed and create substantial hardship for the family left behind, making it even harder to reintegrate as a productive member of society.

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

We have discussed civil asset forfeiture before and how there is growing consensus around the country that the practice has many negatives and unfairly impacts those who are already among the most vulnerable. The system enriches local law enforcement departments, allowing them to seize the personal property of individuals who may never be charged with a criminal offense. Critics have long complained about the practice and those complaints seem to finally be catching the attention of lawmakers empowered to pass meaningful reforms.