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Articles Posted in Criminal Defense

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What Should I Do About My Social Media During a Trial?

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I clean up my social media profile after being charged?”   Social media has become an almost universal aspect of society, but the same qualities that make it popular – the ease of posting and the more casual nature of conversations…

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Help! Police Arrested My Teenager!

Charlotte Criminal Lawyer Brad Smith answers the question: “What should parents tell their children to do when interacting with police officers?”   Your teenager has been arrested by the Charlotte Police Department, and you have received a disturbing call on the phone. It is going to be tough, but try…

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Five Reasons to Choose a Private Criminal Defense Attorney Over a Public Defender

Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?”   Under the Sixth Amendment to the U.S. Constitution, you have a right to be represented by an attorney provided and paid by the state. While you can use…

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What is Domestic Criminal Trespass in North Carolina?

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?”   Generally, when people get divorced or legally separated, one of the spouses will leave the marital home. Often, the spouse who leaves is prohibited from…

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What are the Penalties for Hit-and-Run in North Carolina?

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”   In North Carolina, drivers who leave the scene of a car accident can face criminal charges for a hit-and-run. The consequences of a hit-and-run conviction in North Carolina depend on whether the crime…

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What if the Police Have a Warrant for My Arrest in North Carolina?

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”   When someone commits a criminal offense, and the police have a warrant for that person’s arrest, it is critical to act quickly and appropriately. If there is a warrant for your arrest,…

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Is Self-Defense Considered Assault in North Carolina?

Charlotte Criminal Lawyer Brad Smith answers the question: “If I have an outstanding warrant, what should I do?”   Many North Carolinians mistakenly believe that they have a right to self-defense any time they are attacked or provoked by another individual. While self-defense can be justifiable under certain circumstances, “defending”…

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What are Criminal Penalties for Violating North Carolina’s COVID-19 Curfew?

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?”   North Carolina’s statewide curfew took effect on December 11, 2020, as COVID-19 cases and hospitalizations continue to rise and break new records. Under the state’s…

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Wrongful Convictions and Racial Disparities in North Carolina’s Criminal Justice System

Charlotte Criminal Lawyer Brad Smith answers the question: “Do I need to hire an attorney if I have been falsely accused?”   North Carolina’s criminal courts use the highest burden of proof for convictions and imprisonment. However, even the highest burden of proof may not protect innocent defendants from racial…

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What is a Mens Rea Standard in Criminal Cases in North Carolina?

Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?”   Mens Rea, which is Latin for “guilty mind,” is a standard in North Carolina’s criminal cases that helps prevent people from being punished when their intentions were innocent.…

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