Articles Tagged with Charlotte

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

The U.S. and North Carolina Constitutions protect your right to bear arms. However, that right does not extend to carrying a gun wherever or whenever you wish. There are instances in which you may openly carry a firearm, but North Carolina requires you to have a permit for concealed carry.

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?”

Embezzlement is a form of securities fraud. It is widely known as a ‘white-collar’ crime. The State of North Carolina can charge someone with embezzlement if it believes he or she stole money for personal gain while in a position of authority. The most common example of embezzlement occurs when an employee misappropriates funds that belong to his or her employer.

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

In the United States, alcohol is the primary cause for most deaths that occur while driving. Alcohol intoxication limits a driver’s ability to perform safely for several reasons. For example, alcohol intoxication blurs one’s vision and harms one’s ability to react. Since a person’s reaction time increases due to alcohol intoxication, intoxicated drivers do not have the proper ability to quickly think when confronted with an emergency. Even if a driver uses his or her car after a single drink and is under the .08% limit of Blood-Alcohol Concentration (BAC), police may still arrest that driver if he or she seems impaired while driving.

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

After an arrest, but before an arraignment, there is a period of legal purgatory that can be confusing and stressful for those facing criminal charges. It is during this period of time that an attorney can file a motion requesting a preliminary hearing – or a pre-trial hearing in front of a judge that requires the prosecutor to prove the existence of probable cause.

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

The prospect of having to hire a criminal attorney can be terrifying. No one wants to be in a position to have to figure out whether or not they need legal representation. It is one question you never hope to answer, but is also one of those scenarios in which if you have to ask, you probably do.

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”

While uncommon, it is not out of the realm of possibility that someone who is due in court for a criminal matter forgets about it and fails to appear. When you have a court date, you are required to appear at the specified date and time, unless other arrangements have been made. Failing to appear could result in a warrant for an arrest be issued. Whether you simply forgot about the court date, were too scared and did not show up, or were confused on the dates because of matters in other jurisdictions, an arrest warrant can be issued and make matters worse.

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

It is not surprising that minors and adults are treated differently under the law when it comes to committing crimes. Minors are still learning and growing into adults and often face less stringent repercussions for committing, or being accused of a crime than an adult committing the same crime. This begs the question, who is considered a minor for crimes committed in North Carolina? Is there always a strict age defining a minor, or can the age of minority shift depending on the crime?

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

As technology advances, so must the law. The problem is that sometimes the law is slow to catch up to technological advances, and it can take even longer for the law to cover each little nuance that might arise. Digital devices, like cell phones and other electronics, are by no means a new development in technology, but there are advances made every day, and these devices become more and more integral to committing crimes. One problem that often arises is issuing a search warrant for an electronic device and the digital contents contained on the device. Courts are left to make a decision on what the requirements are for issuing a search warrant for a digital device and when they are appropriate.

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

Police are an integral part of society; they keep the peace, catch criminals, and put their lives at risk to keep the general population safe. Since the police play such a large role in solving crimes and convicting criminals, it is not surprising that police officers are often called to testify during court proceedings. An issue arises with police testimony, however, when the officer testifying was not involved with the incident at all. Instead, that officer is offering an opinion, based off of his or her police experience, as to what happened or would have happened. This practice is controversial because someone without actual knowledge, or only investigative knowledge, of the incident is offering testimony that could sway a jury.

Charlotte Criminal Lawyer Brad Smith answers the question: “What happens if I am convicted of a DUI or DWI in Charlotte North Carolina?”

We all have heard the stories of families losing loved ones to those who have driven under the influence of alcohol or drugs, or drivers losing their own lives because they drove while impaired. These are sad stories and serve as a cautionary tale of avoiding impaired driving. Nevertheless, drivers in North Carolina are frequently charged with driving while impaired (DWI). Depending on whether this is your first time being charged with a DWI, or if it is a second or subsequent offense, the penalties for a DWI can be steep. In addition to fines and jail time that those convicted of DWI face, there are other ramifications of this criminal conviction that impact them for the rest of their lives. For additional resources regarding DWI click HERE.