Articles Tagged with insufficient evidence

Charlotte Criminal Lawyer Brad Smith answers the question: “I was found not guilty of a charge, buy my record still shows the charge. What is going on?”

Embezzlement is a form of securities fraud. It is widely known as a ‘white-collar’ crime. The State of North Carolina can charge someone with embezzlement if it believes he or she stole money for personal gain while in a position of authority. The most common example of embezzlement occurs when an employee misappropriates funds that belong to his or her employer.

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

While uncommon, it is not out of the realm of possibility that someone who is due in court for a criminal matter forgets about it and fails to appear. When you have a court date, you are required to appear at the specified date and time, unless other arrangements have been made. Failing to appear could result in a warrant for an arrest be issued. Whether you simply forgot about the court date, were too scared and did not show up, or were confused on the dates because of matters in other jurisdictions, an arrest warrant can be issued and make matters worse.

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.