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Articles Posted in Criminal Defense

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Facebook Torture Video Leads To Calls For Hate Crime Charges

Charlotte Criminal Lawyer Brad Smith answers the question: “Do I need to hire an attorney if I have been falsely accused?”   The news became a national sensation almost immediately after it happened. A group of four black young people in Chicago attacked a mentally-challenged white teenager, tied him up…

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Death Penalty on the Decline

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?”   Though there’s been surprisingly little coverage, experts say that this year appears to serve as yet more proof that American’s interest in using the death penalty as an instrument of criminal punishment may…

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Is there such a thing as interstellar criminal law?

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”   Here in the U.S. we’re used to applying multiple levels of criminal laws. There are local ordinances, state laws and federal statutes and someone’s behavior can, at times, implicate…

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Could “Faithless Electors” Face Criminal Penalties?

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”   In the divided political world of 2016, it’s something that conspiracy theorists love to discuss. What impact could a group of “faithless electors” have on the election results? Though…

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Double Jeopardy: Feds and State Can Still Both Charge You for Same Conduct

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”   When the Utah jury acquitted a man named Roberto Román of first-degree murder of an officer of the peace, Román and his attorney breathed sighs of relief. Román was still convicted of two…

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New York Governor Signs Law Criminalizing Use of Ticket-Buying Bots

Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”   If you’ve ever tried to buy tickets to a concert or other popular live event you understand the frustration felt by many. It can be downright impossible to get tickets to…

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Are law enforcement officials collecting pictures of your face?

Charlotte Criminal Lawyer Brad Smith answers the question: “Am I allowed to videotape an interaction with police? Can they make me stop filming?”   Most people assume that if they’ve never been arrested and charged with a crime, there’s no way their personal information would be inside a criminal database.…

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Involuntary Commitment Does Not Trigger Miranda, Court Rules

Charlotte Criminal Lawyer Brad Smith answers the question: “If I have an outstanding warrant, what should I do?”   To many people, involuntary commitment in a psychiatric facility seems like the equivalent of jail when it comes to restricting your freedoms; for some, it could be considered even worse. However,…

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Jury Awards $150,000 to SC Man in Wrongful Prosecution/Stand-Your-Ground Case

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?”   In a lawsuit for malicious prosecution, a York County jury has awarded a $150,000 verdict to a Rock Hill-area man for the county Sheriff’s Office…

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N.C. Judge Convicted of Bribing a Public Official With Bud Light

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”     When Judge Arnold O. Jones II asked a Wayne County Sheriff’s Deputy to dig around in Jones’ wife’s text message records between her and another man, the deputy didn’t tell him…

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