Charlotte DWI Lawyer Brad Smith answers : I was found not guilty of a charge, but my record still shows the charge

Two North Carolina teens have reached deals with prosecutors and are now able to move on with their lives, avoiding jail time and registration as sex offenders. Their cases illustrate the serious harm that can come from sexting as a minor. Their cases also reveal inconsistencies in North Carolina’s laws that may occasionally cause more harm than good.

Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can the police search my car without a warrant?”

A North Carolina teenager faces felony sex crime charges after police discovered sexually explicit photographs of a sixteen-year-old girl on his cell phone. Cormega Copening is a seventeen-year-old high school student at Jack Britt High School. Copening was playing quarterback on the football team before being forced to sit out because of the felony investigation. The Fayetteville youth was arrested and charged with violating state law prohibiting the transfer of “sexually explicit” photographs of minors when police discovered nude photographs of Copening and his sixteen-year-old girlfriend on his phone. Police found the photographs by asking his mother, who pays the bill, if she would permit a search of the cell phone so the police might look for any possible evidence in a separate investigation of statutory rape. Copening was not a suspect in that investigation. During the search, the police discovered the nude photos of Copening and his then girlfriend.

Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “If I simply intend to plead guilty, why do I need a lawyer?”

As technology continues to change and grow increasingly complex, so do the opportunities for unsavory characters to misuse it. The proliferation of GPS and other advanced tracking technology has meant that it is often alarmingly easy to monitor the movement of others. Smartphones and social media often serve as vital assistants to those who may want to keep track of others, unknown digital informers of a person’s whereabouts.

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

Saturday marked the tenth anniversary of Hurricane Katrina making landfall on the Gulf Coast.  The breach of the levees protecting New Orleans resulted in 80 percent of the city submerged in floodwaters.  Overall, the hurricane took the lives of over 1,800 people, many of whom lived in New Orleans.

Charlotte Criminal Lawyer Brad Smith of Arnold & Smith, PLLC answers the question “What is an expungement?”

A very sad case out of Michigan recently made headlines involving a 13-year-old boy on trial for murder. The case is especially tragic because the 13-year-old stands accused of killing a 9-year-old, stabbing him to death at a neighborhood playground.

J. Bradley Smith of Arnold & Smith, PLLC answers the question “What is the difference between a misdemeanor and a felony?”

Charlotte-Mecklenburg police office Randall Kerrick avoided conviction on manslaughter charges last week when the North Carolina jury deadlocked, forcing the judge presiding over the case to declare a mistrial. Experts say it is unclear how prosecutors will move forward, whether they will bring Kerrick up on similar charges a second time or consider other options.

Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can the police search my car without a warrant?”

The Minnesota Court of Appeals recently issued a long-awaited opinion concerning the constitutionality of the state’s implied consent law. The Appeals Court affirmed the law, holding that a warrantless breath test qualifies as a valid search so long as it is connected to a lawful arrest.

Charlotte DWI Lawyer Brad Smith answers : I was found not guilty of a charge, but my record still shows the charge

Just last week the Fourth Circuit Court of Appeals tackled a subject that is becoming increasingly important in criminal investigations: cellphone records. Courts across the country often find themselves wrestling with issues related to cellphone record requests; weighing the benefits to law enforcement with the privacy interests of defendants.

Charlotte DWI Lawyer Brad Smith of Arnold & Smith, PLLC answers the question “What should I do if I have been pulled over and I have been drinking ?”

As the Kerrick trial dominates the Charlotte headlines, a different trial attracted the attention of Raleigh residents last week.  On July 27, trial commenced in an action against a Raleigh couple accused of providing alcohol to minors at a 2014 wedding.  Raleigh-based neurologist Dr. Charles Matthews, 59, and his wife, Kimberly Matthews, 52, were on trial in Wake County Superior Court, charged with four counts of aiding and abetting underage possession and consumption of alcohol.

Charlotte Criminal Lawyer Brad Smith answers the question: What is an expungement?

In a case that will surely make headlines across the country, a man from Clayton, North Carolina has been arrested after police say he left his wallet at the scene of the crime. Being arrested and charged with a crime is bad enough and often requires the skills of an experienced attorney to help defend your freedom and argue on behalf of innocence. Putting on a strong defense goes from merely difficult to nearly impossible when the burglar leaves behind a picture ID at the victim’s house. If recent news reports are true, this means that Joseph Alan Sherman’s attorney is going to need all the help he can get.

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