Charlotte DWI Lawyer Brad Smith answers the question: “Is there more than one way for police to charge a person with DWI?”
The Florida Supreme Court recently ruled to permanently disbar two Tampa civil attorneys for one of the most movie-plot-level setups the Court said it had ever seen: setting up their opposing counsel for a DUI arrest in the middle of trial.
Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”
It has long been the case that police can claim they smell marijuana in order to gain the probable cause needed to search your person, vehicle or other personal property you have with you in states where the substance is still illegal.
Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?”
Anyone who’s even remotely familiar with the criminal justice system or, for that matter, television shows revolving around the criminal justice system, has likely heard of plea-bargaining. Plea bargains are deals reached between defendants and prosecutors, which allow both sides to avoid the uncertainty of trial. Though plea bargains are incredibly common in the United States, they aren’t so common everywhere. Up until now, China’s criminal justice system has never allowed the use of a plea bargain, something that’s poised to change as of September 4th. To learn more about the recent changes in Chinese criminal law, keep reading.
Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”
Everyone has likely heard of the Stanford sexual assault case by now, the one involving Brock Turner, the former college athlete who was convicted of sexually assaulting an unconscious woman in a parking lot on campus. That case, and the lenient sentence that resulted, caused a media firestorm. The victim chose to publicly release her impact statement, leading to an outpouring from millions around the world, including the Vice President.
Charlotte Criminal Lawyer Brad Smith answers the question: “Am I allowed to videotape an interaction with police? Can they make me stop filming?”
Whether you’re an avid catcher of Pikachus or are convinced the era of technology taking over is upon us, you’ve no doubt noticed Pokémon’s rather public reentrance into society lately. Advocates have lauded Pokémon Go’s ability to get gamers off the couch and moving…and get them moving it has. Some have walked straight into varying degrees of trouble with the law, including one man with an open warrant for his arrest who wandered by his local police station to battle his creatures there. Other reports have fallen more on the crime fighting side—two Go players helped catch a man wanted for attempted murder, and one woman found a dead body in her Pokémon Go meanderings.
Charlotte Criminal Lawyer Brad Smith answers the question: “If I have an outstanding warrant, what should I do?”
We previously covered the recent United States Supreme Court ruling in Birchfield v. North Dakota that addressed the legality of blood tests performed on individuals pulled over under suspicion of driving while impaired. While that decision wasn’t exactly a home run in terms of defendant rights, it was far and away a more solid win than the Court’s decision three (3) days prior in Utah v. Strieff.
Charlotte Criminal Lawyer Brad Smith answers the question: “How is getting charged with a crime on a college campus different from being charged off campus?”
Anyone with access to the internet has likely heard about the mess Ryan Lochte and his fellow American Olympic swimmers recently got themselves into in Brazil. The group of four Olympians initially claimed that they were the victims of a robbery, appearing to be yet another example of how Rio is a dangerous place. Days later, a different story began to emerge, one which seems to indicate the group was behaving more like spoiled frat boys than heroic Olympians.
Charlotte Criminal Lawyer Brad Smith answers the question: “Do I need to hire an attorney if I have been falsely accused?”
A man from North Carolina had a firsthand experience with neighboring South Carolina’s sweeping civil forfeiture law and is now suing to try and recover the property that he says was unjustifiably taken from him. The case illustrates a broader concern about the way law enforcement authorities in South Carolina and elsewhere use generous civil forfeiture laws to pad their bank accounts. Critics say the forfeitures are more about profit than protecting local communities and are calling for action to draw limits on when and how the laws can be used.
Charlotte Criminal Lawyer Brad Smith answers the question: “I was found not guilty of a charge, buy my record still shows the charge. What is going on?”
Most people would instinctively assume that secretly recording a woman wearing a skirt from below would qualify as some kind of crime. The act is undoubtedly inappropriate, disturbing and invasive. Though these things would appear to indicate criminal activity, a recent appeals court in Georgia confirmed that, at least in that state, taking such “upskirt” videos is not illegal.
Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”
After a plot straight from the popular sitcom Seinfeld went awry, a Michigan man is facing five (5) years in prison for a felony count of beverage return of non-refundable bottles.
Charlotte Criminal Lawyer Blog
