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Articles Posted in Court Procedures

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How Does Bail Work In A North Carolina Criminal Case?

Attorney J. Bradley Smith answering the question: “What are the long term effects of being convicted of a crime?”   If you or someone you know is facing a criminal matter, it can be confusing to know how best to move forward. Though you might have a vague idea of…

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Dizzying Number Of Criminal Codes Cause Problems

Attorney J. Bradley Smith answering the question: “Can I be arrested without evidence against me?”   When you think of criminal laws some might appear obvious, prohibitions against murder, physical violence, drug use, thefts, etc. Though the list goes on and on, many might be surprised just how far the…

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North Carolina Prepares For Possible Change Regarding Jury Trials

Attorney J. Bradley Smith answering the question: “Do I need to hire an attorney if I have been falsely accused?”   A public hearing took place earlier this week in Raleigh regarding a possible constitutional amendment in North Carolina that would allow criminal defendants to waive their right to a…

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North Carolina Defendant Sent To Jail For Mooning Judge

Attorney J. Bradley Smith answering the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?”   In a case that highlights just how important it is for those facing criminal charges to behave properly while in court and before a judge, news reports indicate…

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Charlotte Officer Indicted By Grand Jury On Second Try

Attorney J. Bradley Smith answering the question: “What is the difference between a misdemeanor and a felony?” A grand jury in Charlotte chose to indict a local cop on voluntary manslaughter charges for shooting and killing an unarmed man last September who had just been involved in a late night…

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North Carolina Legislators Consider Granting Prosecutors Power To Try Children As Adults :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

Attorney J. Bradley Smith answering the question: “Should I talk to the police?” A battle in the state legislature is brewing over a bill that would grant prosecutors dramatically more power in determining which juveniles are tried as adults. The legislation, House Bill 217, would allow prosecutors to decide whether…

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Police Dog “Statement” results in a formal complaint :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

Attorney J. Bradley Smith answering the question: “Should I talk to the police?” We recently discussed a U.S. Supreme Court case involving police dogs. The case revolved around how much information concerning the drug-sniffing dog’s abilities prosecutors ought to reveal before their information can be deemed relevant to show probable…

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Delayed Release from Jail Causes Charlotte, NC Judge to Dismiss Drunk Driving Charges

Brad Smith, a partner here at Arnold & Smith, made the news recently when it was announced that prosecutors in Charlotte, NC decided to appeal a judge’s decision to throw out the drunk driving charges filed against Tim Newman. Neman’s case made headlines earlier this year when the former chief…

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NC Court of Appeals Reverses Decision to Release Criminal After Crime Lab Mishaps

North Carolina’s Court of Appeals made a big announcement this week when it decided to overturn a Durham judge’s decision to throw out child murder charges against a man who spent the past 12 years in prison. The Durham judge previously ruled that prosecutors and the state crime lab both…

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Supreme Court issues important plea-bargaining decision

Many cases are resolved with a plea bargain long before they ever reach the courtroom. Plea bargains are important to prosecutors because they help efficiently clear dockets and allow them to prosecute more cases. They can also be beneficial to defendants by possibly allowing them to serve a lesser sentence…

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