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Articles Posted in Criminal Defense

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Opinion-Based Police Testimony in Criminal Cases

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?”   Police are an integral part of society; they keep the peace, catch criminals, and put their lives at risk to keep the general population safe. Since the police play such a large role in solving…

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Chalking Vehicle Tires is a Fourth Amendment Search

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”   The Court of Appeals for the Sixth Circuit recently ruled on a case challenging parking enforcement practices of putting chalk on a vehicle’s tire so that they can keep track of how…

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Will ‘Aunt Becky’ Go to Jail?

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?”   You have probably heard about “Operation Varsity Blues,” the college admissions scandal that is rocking the nation. Evidence of parents cheating, lying, and bribing their children’s ways into top-level schools around the country…

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Evidence Used in North Carolina Self Defense Cases

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?”   When facing criminal assault, battery, or any other type of charges, defendants often claim self defense. When claiming self defense, a defendant is stating that the party claiming to be the victim was…

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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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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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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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Court of Appeals Rules on Race and Voluntary Consent of Searches

Charlotte DWI Lawyer Brad Smith answers the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?”   Throughout the country, we often hear a lot of debate about an individual, or his or her property, being subjected to search by law enforcement. The Fourth…

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Things to Consider When Hiring a Criminal Defense Attorney

Charlotte Criminal Lawyer Brad Smith answers the question: “Do I need to hire an attorney if I have been falsely accused?”   If you are considering hiring a criminal defense attorney, you are likely in a stressful and trying time in your life. Criminal charges can be confusing and likely…

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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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