Articles Tagged with constitutional rights

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

Getting detained and arrested by the police can be a traumatic experience. The situation often happens rather quickly and only later do you begin to think about how the incident unfolded. While most people understand that they have constitutional rights, they often forget about them completely when they are under the stress of being detained or questioned by law enforcement. When you watch television crime shows you may notice that when someone is arrested without their rights having been read, the judge might throw the entire case out. Although this happens on fictional programs, it is not what usually occurs in real life.

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

A charge of disorderly conduct is typically a misdemeanor crime that may encompass a variety of actions. The police often may charge disorderly conduct along with other charges in a case. While disorderly conduct may seem like a minor crime, it can still cause you problems and can stay on your record. When you are charged with disorderly conduct you may get released immediately or may be held until your first hearing. You will want to fight disorderly conduct charges with the help of an experienced criminal defense attorney,

Charlotte Criminal Lawyer Brad Smith answers the question: “Am I allowed to videotape an interaction with police? Can they make me stop filming?”

One of the many duties of the police is to make routine stops. This, among other reasons, is why an officer can sometimes pull you over. Getting stopped by the police should not be an alarming experience, but sometimes it can escalate into something else.

Charlotte DWI Lawyer Brad Smith answers the question: “How can an attorney help me with my DWI?”

Given the negative consequences and social stigma associated with a driving while impaired charge in North Carolina, many people who have been arrested for DWI wonder, “How can I get my DWI charges dismissed?

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

If you are familiar with your constitutional rights in the U.S., you probably know that the Fourth Amendment protects you from unreasonable searches and seizures. In other words, police officers must have a warrant to search your home, person, and belongings.

Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”

Arrests of anti-abortion protesters in multiple North Carolina cities, including Charlotte, made national headlines, prompting many high-profile politicians to accuse the police of violating the arrested protesters’ constitutional rights.

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

It is scary to think about turning yourself in to the North Carolina police, let alone actually to go to the police station and do it. Many of those who consider turning themselves in are aware of a warrant for their arrest.

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

One of the fundamental principles of the criminal justice system in the United States is the right to have a trial by a jury of your peers. With any jury trial comes a set of instructions that either side wants to be read to the jury, if a judge so allows. Usually, instructions include explanations or definitions to various aspects of the case and charges at hand. These instructions are a matter of fact and relate to the case and the types of charges a defendant is facing.

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

The Second Amendment to the United States Constitution gives citizens the right to bear arms. This is not to say that a person is lawfully permitted to carry a weapon at all times or own any type of weapon that he or she wants. There are rules and regulations that dictate who can possess a firearm, what types of firearms are permitted, and when and where those weapons can be carried. What happens when a person with lawful possession of a gun is stopped by the police during a routine traffic stop? This is a complex issue and it depends on the situation and context of the police encounter. Different situations and circumstances often lead to different reactions.

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

As technology improves, it’s all but guaranteed that some enterprising criminal will find new ways to perpetrate crimes. After all, where there’s a will, it won’t be long until there’s a way. Though technological advancement has proven useful for those perpetrating crimes, it’s proven to be even more of a boon for those investigating criminal matters. Police have stayed several steps ahead of the courts, taking advantage of ambiguities in the law to use technology for their benefit.

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