Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?” It’s been a few years now since the U.S. Supreme Court issued a landmark DUI decision in Birchfield v. North Dakota. That case represented a major development in…
Articles Posted in Civil Rights
Minnesota Judge Appears To Defy Federal Ruling
Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?” Criminal cases are seldom very exciting. Though TV and movies would have you believe differently, the reality is that court rules and procedures restrict what participants are able to…
New Iowa Forfeiture Law Doesn’t Go Far Enough
Charlotte Criminal Lawyer Brad Smith answers the question: “If I am charged by campus police could I still face jail time or probation?” It’s something relatively few people have experienced (thankfully), but if and when you do, the practice likely comes as a terrible surprise. Police, unbeknownst to many,…
What does it mean to plead the Fifth?
Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?” You’ve heard it a million times before, someone who may be in a bit of hot water says they’re going to “plead the Fifth”. It’s happened most recently with…
States Where Speech Is A Crime
Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?” Though sticks and stones may break our bones, words are never supposed to hurt us, right? The reality is that words hurt all the time and when they do, they can…
When is a hate crime not a hate crime?
Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?” When most people think of hate crimes they imagine criminal acts that occur because one person was motivated by a particular animus against the victim. This animus can be based on…
Confusion exists surrounding legality of recording police officers
Charlotte Criminal Lawyer Brad Smith answers the question: “Am I allowed to videotape an interaction with police? Can they make me stop filming?” A recent incident in Wilmington highlighted an area of legal uncertainty. The case involved an Uber-driving criminal defense attorney, a smartphone and an irritated police officer.…
Court Seeks to Limit Use of Solitary Confinement
Charlotte Criminal Lawyer Brad Smith answers the question:”A past conviction is keeping me from finding work. What can I do?” For many people, what goes on inside the walls of a prison isn’t the focus of much attention. Most seem content to embrace the idea that what’s out of…
Supreme Court Tackles Immigrant Deportation Case
Charlotte Criminal Lawyer Brad Smith answers the question: “If I have an outstanding warrant, what should I do?” The Supreme Court will soon hear an important case touching on several hot topics: immigration, deportation and crime. The Court will weigh into the thorny issue of how much power the…
Involuntary Commitment Does Not Trigger Miranda, Court Rules
Charlotte Criminal Lawyer Brad Smith answers the question: “If I have an outstanding warrant, what should I do?” To many people, involuntary commitment in a psychiatric facility seems like the equivalent of jail when it comes to restricting your freedoms; for some, it could be considered even worse. However,…