Articles Tagged with misdemeanor

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Charlotte Criminal Lawyer Brad Smith answers the question: “The person that called the police doesn’t want to press charges, can I still be prosecuted?”

The prospect of facing criminal charges can lead to anxiety and uncertainty, regardless if the crime is a felony or a misdemeanor. You might think that the only possible outcome is being found guilty or innocent. However, in North Carolina there are additional results for criminal charges. It is important to note that there is no guarantee of any outcome in a criminal charge. Instead, it is helpful to know all of the possible outcomes for your case. Criminal convictions can have life-altering consequences that follow you for years to come. The following are alternatives to a finding of guilt or innocence in a criminal charge.

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

If you watch a television drama that follows the story of a crime and its prosecution, it seems like a quick process. A crime is committed, suspects are identified, a suspect is charged, the court hears the case, and an outcome is decided. Reality is not like television. Sometimes it takes days, months, or even years to determine who committed a crime. Is there a time limit for bringing about a charge on a suspect? Or can charges be brought anytime after the crime was committed and a suspect was found? The answer to those questions vary from state to state, but in North Carolina it depends on whether the crime was a misdemeanor or a felony.

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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.

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

One of the fundamental rights that American citizens have is the right to privacy. We have the right to feel secure in our person and be free from unreasonable searches and seizures and government intrusions. The Fourth Amendment to the United States Constitution grants us this right. The crux of the Fourth Amendment is providing protection from the police, or other governmental institutions, from searching you or your belongings without the proper justification. The American judicial system has a whole host of cases dealing with exactly how far the right to privacy extends.

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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.

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Charlotte Criminal Lawyer Brad Smith answers the question:”What is an expungement?”

The U.S. Supreme Court is poised to have what many legal experts believe will be a blockbuster year, issuing a number of significant decisions. The docket appears packed with controversial and consequential cases. Last year the court was down a member following the death of Justice Scalia and the justices were not eager to accept potentially divisive cases given the odds of a 4-4 split. Now that Justice Gorsuch has been confirmed, the Court has ramped up its workload.

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Board Certified Family Law Specialist Matt Arnold answers the question: “How is social media evidence used in divorce proceedings?”

When we think of arguments involving the First Amendment and free speech, we often conjure up images of brave people taking stands on important topics. There are a number of landmark Supreme Court cases devoted to the subject, all examples of the power of the Constitution, which permits citizens to stand up and say or do what they want, even if it’s unpopular.

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Charlotte Criminal Lawyer Brad Smith answers the question:”What is an expungement?”

https://www.youtube.com/watch?v=wRNgcf2GsDY

When most people think of the criminal justice system, they likely imagine something similar to an episode of Law & Order. Police officers testifying, prosecutors and defense attorneys arguing, judges slamming gavels and jurors listening in rapt attention. According to experts, while this may be the way things happen on television, it is most assuredly not typical in the real world. An overwhelming majority of cases are resolved through plea bargaining, something that few people fully understand despite the important impact it has on our criminal justice system.

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

If you’ve ever tried to buy tickets to a concert or other popular live event you understand the frustration felt by many. It can be downright impossible to get tickets to especially hot performances and the reason seldom has to do with other fans. Instead, automated ticketing purchasing software, known as “bots”, frequently scoop up huge numbers of tickets before few if any real people get the chance to buy. This leads to dramatically inflated prices with the bots reselling these tickets on the secondary market. It’s a deal that’s bad for fans and also bad for venues and the artists who aren’t getting the benefit of the higher prices being charged on the secondary market. Everyone, except the bots, lose.

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

Donald Trump has been all over newspapers and cable news in recent weeks and, though he generally loves media attention, he’d probably prefer it if he weren’t. A leaked tape of lewd conversations with a former entertainment news anchor spiraled into more serious accusations concerning unwanted sexual contact with more than 10 different women over the past several decades. The women say they were prompted to come forward with their accounts after Trump denied ever having acted on his comments.