Articles Tagged with Criminal law

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 Criminal Lawyer Brad Smith answers the question: “How is getting charged with a crime on a college campus different from being charged off campus?”

As society evolves and changes, the laws that govern us also need to evolve. A hot button topic in politics right now is updating existing drug laws and their sentences. A North Carolina state senator has introduced a bill to the North Carolina Senate that would decriminalize the possession of marijuana for up to three ounces. A similar version to this bill was introduced about a year ago, but that proposed possession limit was increased to four ounces.

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

In today’s society, it is not uncommon to turn on the news or open any social media platform and see a video of someone’s interaction with the police. The ever-present fear of police misconduct can create the sense of need to record police interactions. These types of recordings can be helpful in determining what happened between police and a suspect or individual. With a recording, no one can lie about what was said or misconstrue the actions of another because there is video evidence present. Of course, a video cannot show everything, and legally resolving any issues can take more evidence than a minute long video of one aspect of an altercation. Nevertheless, videos hold police accountable for their actions, as well as the individuals interacting with the police. Is recording a police officer legal, though? Do you have to inform the officers that you are recording them? The answer is: It depends.

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: “What is the difference between a misdemeanor and a felony?”

Criminal law is complex. There are many crimes that can be committed under the same “type” of offense and there are different levels of severity for each crime. In North Carolina, there are many different crimes that can be committed to/on property. The following are the most common types of property crime in North Carolina.

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

Those who follow issues involving criminal law may know that the United States is an outlier among other countries in the world when it comes to punishment of juvenile offenders. For years the U.S. was among only a small number of countries in the world where individuals could be sentenced to life without parole for crimes they committed as minors. That changed about eight years ago, bringing the U.S. somewhat more in line with practices in other developed nations. Though the change was heralded as a good thing by many, a recent case that was granted cert by the Supreme Court highlights the dangerous loopholes that still exist in current criminal practice.

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

A commonly repeated trope of the criminal justice system is that lady justice is blind. We say this because we hope that all are treated fairly before the law. The hope is that only evidence, cold hard facts, play a role in determining guilt or innocence, not a person’s money, family, background, race, or looks. Though there are reasons to doubt how true this is in practice, especially in years past, it’s been an ideal worth striving for. A recent study appears to indicate that there is plenty of room left to strive, concluding that a person’s physical appearance can have an impact on criminal sentencing.

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

When most people think about their last interaction with a police officer it almost always involves a traffic stop. A person was speeding or not wearing a seat belt or ran a red light or was talking on a cellphone and a cop does what cops do and pulls the person over. This traffic stop can serve as a window to other, potentially more serious things. For instance, the cop could use the traffic infraction as an excuse to investigate other, potentially unrelated, crimes. In some especially tragic instances, the traffic stop can prove deadly, with officers engaging in violence.

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

When the Utah jury acquitted a man named Roberto Román of first-degree murder of an officer of the peace, Román and his attorney breathed sighs of relief.

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

The United States Supreme Court has had a busy last few weeks when it comes to the Fourth Amendment. Two of its most recent opinions in particular underline how unpredictable the nation’s highest court’s decisions on search and seizure rights are after the death of Justice Scalia.