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Articles Posted in Civil Rights

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When Prosecutors Become Persecutors

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”   A recent article in Bloomberg discusses the danger that comes when prosecutors become persecutors. Though everyone agrees it is important to obey the law, some prosecutors take the power to enforce our many…

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Riot Charges Dropped for 1 Dakota Pipeline Journalist; Other Still Faces 45 Years in Prison

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”   The term “riot” is a sensitive one in many cities across the nation these days, including in the Queen City. Charlotte-Mecklenburg Police arrested at least 72 people over the six (6) days of…

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“You Have the Right to an Attorney”—Unless Prosecutors Insist You’re Unconscious?

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?”   The man suspected of planting the bombs on the Jersey Shore and in Manhattan last month is being represented by attorneys for the American Civil Liberties Union (ACLU) after being denied access to a federal…

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Judge Rules for First Time that Feds Can’t Use Your Cell Phone as a Tracking Device Without Warrant

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”   In what is reported as the first federal ruling of its kind, a federal judge in New York ruled this August that the government cannot use a fake cell tower known as…

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Charlotte Police Release Footage of Shooting

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?”   Charlotte has been gripped by protests in the days following the deadly shooting of Keith Lamont Scott. Scott was killed by police officers who said he was using marijuana and carrying a gun that he…

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Criminal Disenfranchisement and Voting Rights: 2 Steps Forward, 3 Back

Charlotte Criminal Lawyer Brad Smith answers the question:”A past conviction is keeping me from finding work. What can I do?”   Virginia’s Supreme Court ruled this July that its governor’s decision to restore voting rights to over 200,000 felons violates the state’s constitution. The court ruled 4 to 3 that…

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New “Blue Lives Matter” Law Taken For A Spin in Louisiana

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?”   There’s been a recent push by legislatures in some states to pass what are known as “Blue Lives Matter” laws. This broad category refers to measures intended to stiffen penalties faced by offenders who perpetrate…

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A Dank Car Alone Does Not Authorize Police to Search Your Person, Says NC Appeals Court

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”   It has long been the case that police can claim they smell marijuana in order to gain the probable cause needed to search your person, vehicle or other personal property you have…

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China Gives Plea Bargaining A Try

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?”   Anyone who’s even remotely familiar with the criminal justice system or, for that matter, television shows revolving around the criminal justice system, has likely heard of plea-bargaining. Plea bargains are deals reached between…

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Evidence from an Illegal Stop Can Still Be Used Against You, Says Supreme Court

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…

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