Articles Tagged with Lawyer

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.

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

In North Carolina, a driver can be charged with Driving While Impaired (DWI) if he or she has a blood alcohol concentration of .08 or more, or driving with an impairing substance or with any amount of a Schedule I substance in his or her system. DWIs are dangerous for all parties involved. As such, this is a serious charge that can result in severe consequences that impact one’s life. Even so, it is important that a driver arrested and charged with this crime is entitled to proper criminal procedure. Law enforcement officers are human; they too can make mistakes. If law enforcement makes a mistake while arresting a driver, this can be used to reduce charges or even dismiss a case. The following are common mistakes that officers might make during a DWI arrest.

Charlotte DWI Lawyer Brad Smith answers the question: “Is there more than one way for police to charge a person with DWI?”

We  have all heard of a driving under influence (DUI) or driving while impaired (DWI). Additionally, most associate both a DUI and a DWI with drinking too much alcohol and getting behind the wheel of a vehicle. In North Carolina, DUIs and DWIs are often thought of as the same thing and used interchangeably. Did you know that is it not just alcohol that can result in a DUI or DWI charge? Driving under the influence of drugs can also result in a DWI or DUI charge.

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

The criminal court process can be difficult to understand. If you have never been charged with a crime, or even if you have, it can be difficult to determine what the next step should be. However, if you are facing a criminal charge in North Carolina, it is important to know what to expect and the steps that will occur throughout the case. There are two types of criminal charges in North Carolina — misdemeanor and felony charges. Each charge has a different process through the North Carolina criminal court system.

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

The criminal court process can be difficult to understand. If you have never been charged with a crime, or even if you have, it can be difficult to determine what the next step should be. However, if you are facing a criminal charge in North Carolina, it is important to know what to expect and the steps that will occur throughout the case. There are two types of criminal charges in North Carolina — misdemeanor and felony charges. Each charge has a different process through the North Carolina criminal court system.

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

The Second Amendment to the United States Constitution gives citizens the right to bear arms. This is not to say that a person is lawfully permitted to carry a weapon at all times or own any type of weapon that he or she wants. There are rules and regulations that dictate who can possess a firearm, what types of firearms are permitted, and when and where those weapons can be carried. What happens when a person with lawful possession of a gun is stopped by the police during a routine traffic stop? This is a complex issue and it depends on the situation and context of the police encounter. Different situations and circumstances often lead to different reactions.

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

Being in a situation fearing for your life and/or safety is not a place many people want to be. Anyone who has been in that situation will tell you about the fear and stress that is caused. Everyone reacts to an emergency situation differently, but one of the most common responses is to defend yourself. In the event that criminal charges are brought against someone who was protecting him or herself from a dangerous situation, one would think using the defense of self defense in court would be a given. However, self-defense includes many other issues and each case must be looked at independently.

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?”

Imagine being charged with a crime, going through the entire trial process, being found not guilty, and still being worried about the prosecution bringing the charges against you again. Fortunately, the United States court system is set up in a way that a defendant can not be charged twice for the same crime. This is called double jeopardy. You may have heard this term before, but let us take a deeper dive into understanding the concept and what it actually means for North Carolina residents.