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Articles Posted in Criminal Defense

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Criminal Law and the Ryan Lochte Mess

Charlotte Criminal Lawyer Brad Smith answers the question: “How is getting charged with a crime on a college campus different from being charged off campus?”   Anyone with access to the internet has likely heard about the mess Ryan Lochte and his fellow American Olympic swimmers recently got themselves into…

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Man Recycles Plot from Seinfeld for $1000 in Bottle Refunds, Gets Hit With Felony

Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”   After a plot straight from the popular sitcom Seinfeld went awry, a Michigan man is facing five (5) years in prison for a felony count of beverage return of non-refundable bottles.…

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Hot Dog: Unattended Vehicles Can Land You, Kids, Pets in a Pickle This Summer

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?”   NASA just reported that May 2016 was the hottest month our planet has ever had—and North Carolina’s sweltering temperatures have been no exception. Given that…

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Taylor Swift, Kim Kardashian, Kanye West and the criminal implications of secret recordings

Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”   For pop culture junkies the Taylor Swift/Kanye West feud dates back a long way, to 2009, to be precise. It was then that Kanye stormed the MTV VMA stage, interrupting Swift’s…

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What is RICO?

Charlotte Criminal Lawyer Brad Smith answers the question: “What should parents tell their children to do when interacting with police officers?”   The Supreme Court this week issued a ruling that many experts believe cleared the way for criminal action against the international soccer organization FIFA. In its ruling, the…

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Can Littering Be A Felony In North Carolina?

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?”   Everyone knows that you shouldn’t litter. When most people think of litterbugs, they think of those who throw fast food bags out their windows while driving down the road. Most of these cases are punishable…

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North Carolina Woman Wanted After Mother Found Dead In Freezer

Charlotte Criminal Lawyer Brad Smith answers the question:”A past conviction is keeping me from finding work. What can I do?”   In a truly grim case out of Goldsboro, North Carolina, police say they are actively searching for a woman whose mother was found dead in a freezer. Police say…

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Louisiana Tries To Protect Cops With New Hate Crime Legislation

Charlotte Criminal Lawyer Brad Smith answers the question: “Am I allowed to videotape an interaction with police? Can they make me stop filming?”   Hate crime legislation is designed to protect those who are victims of discrimination or violence perpetrated by others. The laws are written to provide this protection…

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2016 Marks 50th Anniversary of Miranda v. Arizona

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”   “You have the right to remain silent…”, a phrase that almost all of us know, but few truly understand. The words are part of what has become known as a Miranda Warning or…

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What you should know about the 1994 Crime Bill

Charlotte Criminal Lawyer Brad Smith answers the question: “When can I post on Social media about my ongoing case?”   A hot topic the past week or so has concerned a bill signed into law more than two decades ago. The 1994 Crime Bill has become important of late given…

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