Charlotte DWI Lawyer Brad Smith answers the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?”
The United States Supreme Court has had a busy last few weeks when it comes to the Fourth Amendment. Two of its most recent opinions in particular underline how unpredictable the nation’s highest court’s decisions on search and seizure rights are after the death of Justice Scalia.
Charlotte DWI Lawyer Brad Smith answers callers’ questions during a 30 minute radio interview with the Legal Forum. Recorded in Charlotte, Mecklenburg County North Carolina.
The Supreme Court voted 7-1 to place limits on laws that make it a crime for drivers suspected of drunk driving to refuse to submit to an alcohol test. The decision says that police must obtain search warrants before requiring a driver to submit to a blood alcohol test. A warrant will not be required, however, for breath tests.
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?”
Cyberbullying has been in the news a lot in recent months and years, with experts finally catching on to the harm that can be caused to people, especially young people, by electronic harassment. Stories of children and teens suffering depression, anxiety and, in the most tragic cases, committing suicide due to online abuse have prompted state legislatures into action, with the vast majority passing laws against electronic forms of harassment.
Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”
Tribal territory in Cherokee, North Carolina is closer than any other area in North Carolina to legalizing marijuana for its citizens. A group called Common Sense Cannabis (CSC) is conducting a survey, to be presented to the tribal leadership, asking the reservation’s residents what they think of medical marijuana.
Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?”
Everyone knows that you shouldn’t litter. When most people think of litterbugs, they think of those who throw fast food bags out their windows while driving down the road. Most of these cases are punishable with small fines, but there are some instances where serious littering can result in serious punishment.
Charlotte Criminal Lawyer Brad Smith answers the question:”A past conviction is keeping me from finding work. What can I do?”
In a truly grim case out of Goldsboro, North Carolina, police say they are actively searching for a woman whose mother was found dead in a freezer. Police say that they have been able to identify the woman, who was 75 years old, and are now looking for the daughter she lived with prior to her untimely death.
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?”
In Texas, it is legal to have sex with someone as young as 17 years old. This was not where Aldo Leiva, 51, ran afoul of the law when he began a consensual sexual relationship with one of the students he tutored in math.
Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”
The “People You May Know” section on Facebook is one of those love-it-or-hate-it features. Like so many other aspects of social media in an age where the law recognizes almost all social platform information as public domain, the friend suggestion tool raises privacy concerns for some people. Facebook essentially advertises your social media presence to people you are not—and perhaps for good reason—already friends with.
Charlotte Criminal Lawyer Brad Smith answers the question: “Am I allowed to videotape an interaction with police? Can they make me stop filming?”
Hate crime legislation is designed to protect those who are victims of discrimination or violence perpetrated by others. The laws are written to provide this protection to groups based on ethnic, religious and, in some cases, gender or sexual orientation grounds. This means that should a person be attacked specifically because of his or her religion or national origin, the law would treat that attack differently than if religion or national origin had not been a factor, usually by increasing penalties.
Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”
On this blog earlier in the year we talked about the FBI trying to force Apple to hack into the San Bernardino shooting suspect’s iPhone to help with the ongoing criminal investigation. Since then the topic of the governments’ rights to access password-protected information has exploded as a conversation piece as other cases have emerged. To date, law enforcement has succeeded in paying hackers to break into the San Bernardino phone and, in another case, jailed a defendant for seven months running for refusing to provide his password to unlock his hard drive in the ongoing criminal investigation against him.
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