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Articles Posted in Court Procedures

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Can a Jury Being Instructed on Collateral Damage of a Conviction?

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”   One of the fundamental principles of the criminal justice system in the United States is the right to have a trial by a jury of your peers. With any…

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The Criminal Court Process in North Carolina

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…

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The Criminal Court Process in North Carolina

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…

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Double Jeopardy in North Carolina

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…

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The Importance of Proper Jury Instructions

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?”   A fundamental part of the United States court systems is the right for the accused to have a trial by a jury of their peers. However, included in this right is the inherent…

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What is a Speedy Trial?

Charlotte Criminal Lawyer Brad Smith answers the question: “Am I allowed to videotape an interaction with police? Can they make me stop filming?”   If you watch any TV crime drama, you will likely hear the phrase “right to a speedy trial.” This phrase is thrown about in many television…

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Should I Take a Plea Bargain?

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?”   Being charged with a crime can be overwhelming. Suddenly, you are thrust into the court system and worried that you will be found guilty and face serious penalties for an action you may…

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The Statute of Limitations for North Carolina Criminal Charges

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…

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The Constitutionality of Searches at Courthouses

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”   The world that we live in today often requires an extra level of security. The ever-present threat of an individual, or individuals, bringing dangerous weapons to public settings creates the need for…

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Cash Bail Under Fire In New York

Charlotte Criminal Lawyer Brad Smith answers the question: “If I have an outstanding warrant, what should I do?”   We have discussed bail before. Specifically, we have discussed the ways in which the current bail system in place in many states is designed in such a way that disadvantages the…

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