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Articles Posted in Criminal Defense

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Is failing to cremate a crime?

Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”   It can be hard to imagine anything worse than having a loved one pass away. The death of a child, a parent or a spouse can be crippling. It is not…

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Congressman Ordered To Take Mugshot

Charlotte Criminal Lawyer Brad Smith answers the question: “If I have an outstanding warrant, what should I do?”   The mugshot is something that an average person would immediately associate with a brush with the law. The assumption is that anyone and everyone who is arrested or convicted of a…

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Delayed discovery can delay justice in criminal cases

Charlotte Criminal Lawyer Brad Smith answers the question:”What is an expungement?”   Most people do not spend time worrying about things like the discovery process. It is legalistic and confusing to those not familiar with the criminal justice system. Though it can be complicated, it is incredibly important and worth…

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Illinois Legislature Approves Changes To Civil Forfeiture Law

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I clean up my social media profile after being charged?”   We have discussed civil asset forfeiture cases previously, noting each time how these important matters tend to happen under the radar. Few people understand that the police have the power…

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New Iowa Forfeiture Law Doesn’t Go Far Enough

Charlotte Criminal Lawyer Brad Smith answers the question: “If I am charged by campus police could I still face jail time or probation?”   It’s something relatively few people have experienced (thankfully), but if and when you do, the practice likely comes as a terrible surprise. Police, unbeknownst to many,…

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Plea Bargaining and Criminal Law

Charlotte Criminal Lawyer Brad Smith answers the question:”What is an expungement?”   When most people think of the criminal justice system, they likely imagine something similar to an episode of Law & Order. Police officers testifying, prosecutors and defense attorneys arguing, judges slamming gavels and jurors listening in rapt attention.…

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When is a hate crime not a hate crime?

Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”   When most people think of hate crimes they imagine criminal acts that occur because one person was motivated by a particular animus against the victim. This animus can be based on…

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Editorial Proposes Radical Idea To Reduce Police Violence: Decriminalize Traffic Violations

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”   When most people think about their last interaction with a police officer it almost always involves a traffic stop. A person was speeding or not wearing a seat belt or ran a red…

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Incarceration Reimbursement

Charlotte Criminal Lawyer Brad Smith answers the question: “If I am charged by campus police could I still face jail time or probation?”   When most people think of paying a “debt to society” the first thing that comes to mind is time behind bars. The phrase is used to…

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Jury Secrecy Might Not Be Guaranteed After all

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”   Lots of juicy television police procedurals spend time showing what goes on during jury deliberations. The deliberations often make for good television because of the interest people have in what goes on behind…

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