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Articles Posted in Criminal Defense

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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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Can Out-of-Jurisdiction Arrests be Suppressed?

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”   Law enforcement officers are not permitted to arrest individuals anywhere they want. Throughout the United States, North Carolina included, there are different jurisdictional restrictions that law enforcement officers face. Local law enforcement are…

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