Articles Tagged with Criminal Charge

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

After being charged with a crime, your mind might be reeling. Suddenly, you are thrust into the criminal justice system and are trying to figure out what to do next. Driving while impaired (DWI) is a common charge in North Carolina, otherwise known as drunk driving. An experienced DWI attorney can help qualm your fears and prepare the best possible defense for you. One defense to a DWI that is not always the first to come to mind is necessity. In some instances, it could be a valid defense to a DWI. This is not to say that using necessity as a defense will be an automatic “win,” but instead one of the many defenses that might be used to defend the individual facing a DWI charge.

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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?”

The prospect of facing criminal charges can lead to anxiety and uncertainty, regardless if the crime is a felony or a misdemeanor. You might think that the only possible outcome is being found guilty or innocent. However, in North Carolina there are additional results for criminal charges. It is important to note that there is no guarantee of any outcome in a criminal charge. Instead, it is helpful to know all of the possible outcomes for your case. Criminal convictions can have life-altering consequences that follow you for years to come. The following are alternatives to a finding of guilt or innocence in a criminal charge.

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Charlotte Criminal Lawyer Brad Smith answers the question: “What should parents tell their children to do when interacting with police officers?”

A chair is thrown in a cafeteria. What is your first reaction to that? Silly high school antics? Assault? Is this a crime? The North Carolina Court of Appeals had to deal with this very question. A high school student under the age of 16 threw a chair in the cafeteria of his high school and ran out of the room. A school resource officer followed the chair throwing student out of the cafeteria, snuck up on him, and grabbed him by his shirt. After being confronted about the chair throwing incident, the student claimed that he was just goofing around with his brother when the chair was thrown. Initially, the student was caught off guard being apprehended by the school resource officer, but calmed down within minutes of being approached and taken to a conference room.

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

Criminal cases are seldom very exciting. Though TV and movies would have you believe differently, the reality is that court rules and procedures restrict what participants are able to do spur of the moment and instead try and make the process more predictable. It is quite rare for a prosecutor or defense attorney, even more so, a judge, to make a decision or take an action seemingly out of the blue.

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

Most people do not spend time worrying about things like the discovery process. It is legalistic and confusing to those not familiar with the criminal justice system. Though it can be complicated, it is incredibly important and worth understanding. Discovery is meant to shed light on evidence, creating transparency in a justice system that can, at times, be troublingly opaque. As a recent article in the New York Times demonstrates, the discovery process can sometimes go wrong and, when it does, it can have serious consequences.

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

It can sometimes seem like we have seen it all before. This is especially true in the criminal law world, where crimes are seldom novel, but often sad cycles continually repeating themselves. Though this is true in some cases, a recent prosecution in Massachusetts demonstrates that individuals can still find new ways to run afoul of the law and, when that happens, it can raise important questions about how these groundbreaking cases ought to be handled.

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Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question: “What are the long term effects of being convicted of a crime?”

A woman from Tennessee recently made headlines across the country when she claimed that she blacked out and woke up hours later in Arden, North Carolina. After disappearing, her husband reported the woman’s absence to police. The 25-year-old, Ciara Mae Holt, then told authorities that she had been kidnapped.

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J. Bradley Smith of Arnold & Smith, PLLC responds to “The person that called the police doesn’t want to press charges, can I still be prosecuted?”

Dave Pollizi and his wife noticed something unusual while at their Lake Wylie home the Sunday after Thanksgiving.  Cars were parked in the backyard of the vacant mansion next door.

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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?”

It’s often the most dramatic scene in any legal TV show or movie: the moment when the witness on the stand points to the person who committed the crime. Though this moment can make for great TV and is often portrayed as an authoritative identification, the reality is far murkier. Critics of current law enforcement practices involving witness identification say that reform is badly needed as innocent men and women go to prison due to faulty IDs. To find out more about the current process and the changes some say are needed, keep reading.

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J. Bradley Smith of Arnold & Smith, PLLC answers the question “If I have an outstanding warrant, what should I do?”

 

The “Hands up, don’t shoot!” moniker is all the rage in the United States, with prominent professional athletes in the National Basketball Association and National Football League, as well as well-known celebrities, politicians, political pundits and media figures adopting the meme—some displaying the same on tee shirts proclaiming the phrase.

Police stop Charlotte Criminal Lawyer Mecklenburg DWI AttorneyLong before the rage—before Michael Brown was shot to death by Officer Darren Wilson in Ferguson, Missouri, and before New Yorker Eric Garner died after being wrestled to the ground by a small team of New York City police officers—an unarmed backseat passenger in Billings, Montana was shot to death for failing to raise his hands during what began as a simple traffic stop.

Officer Grant Morrison said that on the night of April 14, 2014 he saw a car “turn quickly and decided to follow it.” After following it, Morrison said, he pulled the car over because of a “light violation.” Richard Ramirez was a passenger in the car.

Morrison testified at a hearing that after pulling the car over, he noticed that the back right passenger was pushing against the door. Morrison ordered all of the car’s occupants to raise their hands, but the 38-year-old Ramirez kept fumbling for something in his pocket.

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