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Articles Posted in Criminal Defense

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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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Riot Charges Dropped for 1 Dakota Pipeline Journalist; Other Still Faces 45 Years in Prison

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”   The term “riot” is a sensitive one in many cities across the nation these days, including in the Queen City. Charlotte-Mecklenburg Police arrested at least 72 people over the six (6) days of…

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Could Trump Throw Hillary In Jail?

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?”   For those following the 2016 election, it’s been a very interesting past year or so, to say the least. No one could have predicted many of the headline-grabbing events that have occurred, including…

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New DWI Deadlines: One May Help Defendants, the Other Helps…Court Scheduling?

Charlotte DWI Lawyer Brad Smith answers the question: “What steps should I be taking outside legal guidance to help my DWI case?”   Two (2) new deadlines for DWI trials in North Carolina took effect at the beginning of this month, and it’s a mixed bag for defendants. One of…

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Understanding No Contest and Alford Pleas

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?”   Everyone knows that you have the right to plead “not guilty” to criminal charges filed against you. Meanwhile, “guilty” pleas are usually used when a person is taking a plea bargain in exchange…

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Can you go to jail for environmental crimes?

Charlotte Criminal Lawyer Brad Smith answers the question:”What is an expungement?”   The Chief Prosecutor of the International Criminal Court (ICC) recently announced that people responsible for serious environmental crimes could be prosecuted by the court. The announcement represents a shift for the ICC, which has long focused on prosecuting…

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North Carolina Man Charged In False Clown Sighting Incident

Charlotte Criminal Lawyer Brad Smith answers the question: “What should parents tell their children to do when interacting with police officers?”   If you’ve been following the news closely you’ve likely seen articles about a recent rash of clown sightings. The stories have popped up everywhere, in North Carolina, Minnesota,…

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New “Blue Lives Matter” Law Taken For A Spin in Louisiana

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?”   There’s been a recent push by legislatures in some states to pass what are known as “Blue Lives Matter” laws. This broad category refers to measures intended to stiffen penalties faced by offenders who perpetrate…

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