Articles Tagged with illegal search and seizure

Dropped-criminal-charges-Charlotte-Lawyer-1024x683If you are facing criminal charges, you know that it can be a terrifying experience. The criminal justice system is complex, and throughout the process, you need to protect your rights. The prosecutor will review the details and evidence in the case to determine how to proceed. At the same time, your attorney will evaluate the information in the preparation of your defense. Sometimes, the state’s attorney may reduce or even drop some or all of the charges. Many people wonder how they can get the charges against them dropped in North Carolina.

Lack of Evidence

The prosecutor reviews the charges and evidence to determine whether the evidence is strong enough to obtain a conviction. Keep in mind that the prosecutor must be able to prove guilt beyond a reasonable doubt. They must prove every element of the charges using the evidence they have available. If there is not enough evidence or if some evidence is inadmissible, the prosecutor may decide not to move forward with the case.

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

As technology advances, so must the law. The problem is that sometimes the law is slow to catch up to technological advances, and it can take even longer for the law to cover each little nuance that might arise. Digital devices, like cell phones and other electronics, are by no means a new development in technology, but there are advances made every day, and these devices become more and more integral to committing crimes. One problem that often arises is issuing a search warrant for an electronic device and the digital contents contained on the device. Courts are left to make a decision on what the requirements are for issuing a search warrant for a digital device and when they are appropriate.

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

We previously covered the recent United States Supreme Court ruling in Birchfield v. North Dakota that addressed the legality of blood tests performed on individuals pulled over under suspicion of driving while impaired. While that decision wasn’t exactly a home run in terms of defendant rights, it was far and away a more solid win than the Court’s decision three (3) days prior in Utah v. Strieff.

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