Articles Tagged with Cornelius

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

The state of North Carolina is strict on drug crimes. In an effort to eliminate the use of drugs throughout the state, courts and lawmakers have been eager to crack down on the use, sale, and possession of controlled substances. Recently, the North Carolina Supreme Court has broadened the meaning of “maintaining a dwelling” as it pertains to using, selling, or storing a controlled substance. In State v. Rogers, the court disavows previous courts’ use of  “maintaining a dwelling” and broadens the use of the term.

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

If you watch a television drama that follows the story of a crime and its prosecution, it seems like a quick process. A crime is committed, suspects are identified, a suspect is charged, the court hears the case, and an outcome is decided. Reality is not like television. Sometimes it takes days, months, or even years to determine who committed a crime. Is there a time limit for bringing about a charge on a suspect? Or can charges be brought anytime after the crime was committed and a suspect was found? The answer to those questions vary from state to state, but in North Carolina it depends on whether the crime was a misdemeanor or a felony.

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

It is unsurprising that the general population is hesitant about having those who have been convicted of sex crimes re-enter society. Therefore, there are a variety and programs that have been set up to monitor offenders and even keep them out of certain areas, like schools. In North Carolina, there is another option, satellite-based monitoring (SBM). Depending on the level or severity of the sex crime of which a defendant is convicted, in North Carolina there is an SMB program into which some offenders must enter. There has been contention over SMB and when it is a reasonable part of a defendant’s sentence. Issues have arisen regarding whether SMB is a reasonable search that the Fourth Amendment grants. The court of appeals examined these issues in State v. Griffin.

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

In 2011, the North Carolina General Assembly updated the law governing the use of defensive force in the home. Since then, there has been a need for clarification of the newly enacted statute and cases in which the court interprets the statute and indicates how it should be applied in future situations. In State v. Kuhns, the North Carolina Court the Appeals clarifies part of the new statute, G.S. 14-51.2.

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

What started as an ordinary traffic stop turned into a felony charge for one North Carolina man. Keith Sellars was driving home from dinner when he was pulled over by a cop for running a red light. While the cop was running Sellars’s license and conducting a background check, it became evident that there was a warrant out for Sellars’s arrest, according to the New York Times.

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

One of the fundamental rights that American citizens have is the right to privacy. We have the right to feel secure in our person and be free from unreasonable searches and seizures and government intrusions. The Fourth Amendment to the United States Constitution grants us this right. The crux of the Fourth Amendment is providing protection from the police, or other governmental institutions, from searching you or your belongings without the proper justification. The American judicial system has a whole host of cases dealing with exactly how far the right to privacy extends.

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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?”

North Carolina prosecutors vigorously prosecute domestic violence cases. This strict approach is in response to the general public’s feeling that abuse among partners is heinous and should not be acceptable. As such, a defendant facing a criminal domestic violence charge needs to be equipped with the best defenses possible. The following are common defenses used in domestic violence cases.

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

We have discussed civil asset forfeiture before and how there is growing consensus around the country that the practice has many negatives and unfairly impacts those who are already among the most vulnerable. The system enriches local law enforcement departments, allowing them to seize the personal property of individuals who may never be charged with a criminal offense. Critics have long complained about the practice and those complaints seem to finally be catching the attention of lawmakers empowered to pass meaningful reforms.

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

If you have seen the movie “Minority Report” starring Tom Cruise, you are familiar with some of the scary and seemingly futuristic ways that technology could come to influence the criminal justice system. Though we are not in danger of implementing some of the most terrifying ideas found in the movie, it is undoubtedly true that technological advancements are playing a greater and greater role in courthouses all across the country. We must all begin to grapple with these changes and decide how far we are comfortable letting computers and artificial intelligence shape our justice system.

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

We have discussed civil asset forfeiture many times before, usually noting the ways in which the practice is used to unfairly seize assets from often-innocent individuals, enriching law enforcement agencies at the expense of the public. Given how lucrative civil asset forfeiture can be for law enforcement agencies across the country, there is little incentive for states to take action to reform the broken system. Thankfully, legislators in one state appear to be ready for a change and are considering important revisions to the existing law.