Articles Tagged with Criminal Defense

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

A man was arrested in Charlotte and charged with one count of assault with a deadly weapon, but what does it mean in North Carolina?

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

As technology advances, so do law enforcement’s methods of obtaining evidence and solving crimes. Law enforcement officers today are able to conduct searches using drones, which can fly over land and collect video footage and photos. The police often use drones to find missing or stolen property. Recently, a lawsuit arose after police officers flew a drone over private property to find stolen construction equipment.

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

Getting behind the wheel when you are under the influence of alcohol or other impairing substance is illegal and incredibly dangerous. Those who are caught driving under the influence face some serious penalties. If you have been drinking, the best thing to do is to give your keys to someone else or otherwise get a ride home. However, if you find yourself facing a charge for driving under the influence (DUI), an experienced DUI attorney can help you obtain the best result possible. You might wonder if it is necessary to hire an attorney to fight the DUI charge, the answer is yes. An attorney can be extremely helpful for a variety of reasons.

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

The New England Patriots are in the news again, but not for their sixth Super Bowl win. The owner of the Patriots, Robert Kraft, has been charged with two counts of soliciting prostitutes, according to ESPN. Kraft visited a day spa in Juniper, Florida where he was allegedly a “regular.” This spa was under surveillance for possible human trafficking. Law enforcement in Palm Beach County have been trying to crack down on human trafficking throughout the entire county. The spa was raided, along with nine others in the area, resulting in over 300 warrants and arrests.

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

A new bill was introduced in the North Carolina House of Representatives that would permit domestic violence offenders to be tracked via GPS. The plan is to have a pilot program and test using GPS to track domestic violence offenders before opening up the program to more counties and eventually the entire state. The bill proposes looking at a variety of factors to determine:

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

When facing criminal assault, battery, or any other type of charges, defendants often claim self defense. When claiming self defense, a defendant is stating that the party claiming to be the victim was actually the aggressor or initiated the conflict that resulted in the need for defense of person, family, or home. In order to prove this, evidence needs to be presented that shows the victim was the one who initiated the conflict. In State v. Bass, the North Carolina Supreme Court stipulated types of evidence that are not permissible in self defense cases to prove provocation.

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

Only a small percentage of cases make their way to the United States Supreme Court. The case of State v. Mitchell is one of the chosen few that will be heard by the justices in the coming term. The case revolves around the issue of implied consent. State v. Mitchell originated in Wisconsin, but its content is not a stranger to North Carolina. The North Carolina Supreme Court heard a case about implied consent in State v. Romano. In Romano, the North Carolina court found that withdrawing blood from an unconscious DWI suspect violated the Fourth Amendment because there was no exigent circumstance.