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Articles Posted in Criminal Defense

Is Self-Defense Considered Assault in North Carolina?

Published on: January 27, 2021 | J. Bradley Smith, Esq.

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” yourself could still be considered assault in North Carolina.

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

Published on: December 23, 2020 | J. Bradley Smith, Esq.

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 modified Stay-at-Home order, residents must stay at home between 10 p.m. and 5 a.m. What if you violate the order?

Wrongful Convictions and Racial Disparities in North Carolina’s Criminal Justice System

Published on: November 25, 2020 | J. Bradley Smith, Esq.

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.

What is a Mens Rea Standard in Criminal Cases in North Carolina?

Published on: October 28, 2020 | J. Bradley Smith, Esq.

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

Mens Rea, which is Latin for “guilty mind,” is a standard in North Carolina’s criminal cases that helps prevent people from being punished when their intentions were innocent. The concept helps differentiate between an individual who intentionally committed a crime and an individual who did not intend to do it.

Six Defenses if You are Wrongfully Accused of a Crime in North Carolina

Published on: October 21, 2020 | J. Bradley Smith, Esq.

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

Being wrongfully accused of a crime you did not commit is a stressful and life-altering experience. The emotional distress associated with being charged with a crime when you are innocent cannot compare to anything else.

What are the Different Types of Phone Harassment Crimes in North Carolina?

Published on: October 14, 2020 | J. Bradley Smith, Esq.

Charlotte Criminal Lawyer Brad Smith answers the question: “My relationship is ending and they are threatening to call the police, how can I help myself?”

Phone harassment is a serious crime in North Carolina. You can be arrested and charged with a crime for making harassing phone calls, which involves any of the following:

New Study Reveals the Most Common Types of Crimes Committed in North Carolina

Published on: August 26, 2020 | J. Bradley Smith, Esq.

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

The most recent research published on 24/7 Wall St. revealed the most common types of crimes that are being committed in Charlotte and other parts of North Carolina. The study concluded that in 2018, the most recent year for which crime data is available, crime was more common in North Carolina than it was on average across the United States.

What are Conspiracy Charges in North Carolina and Why do You Need a Criminal Defense Lawyer?

Published on: August 5, 2020 | J. Bradley Smith, Esq.

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

Conspiracy is defined as an agreement between two or more people to do something unlawful. What penalties can you face for “conspiring” in North Carolina? If you are planning to commit a crime in Charlotte or elsewhere in North Carolina, you can be charged with criminal conspiracy.

When can North Carolina Police Lawfully Search Your Vehicle?

Published on: July 1, 2020 | J. Bradley Smith, Esq.

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.

Defenses to Looting and Trespassing During a Protest in North Carolina

Published on: June 10, 2020 | J. Bradley Smith, Esq.

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

Looting is almost synonymous with protests. This was evident during the recent protests over the killing of a black man in Minneapolis, Minnesota. As reported by Fox News, eight people were charged in connection with looting and trespassing while protesting in Raleigh, North Carolina.