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Charlotte Criminal Lawyer Blog

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North Carolina Inches Closer to Decriminalization of Marijuana

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”   A North Carolina task force calls for the decriminalization of marijuana in the state. The state’s Task Force for Racial Equity in Criminal Justice has adopted recommendations to decriminalize possession of marijuana in…

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Wrongful Convictions and Racial Disparities in North Carolina’s Criminal Justice System

Charlotte Criminal Lawyer Brad Smith answers the question: “Do I need to hire an attorney if I have been falsely accused?”   North Carolina’s criminal courts use the highest burden of proof for convictions and imprisonment. However, even the highest burden of proof may not protect innocent defendants from racial…

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What is Underage (Provisional) DWI in North Carolina?

Charlotte DWI Lawyer Brad Smith answers the question: “Is there more than one way for police to charge a person with DWI?”   North Carolina’s Zero Tolerance Law makes it illegal for people under the age of 21 to drive with any amount of alcohol or drugs in their system.…

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Types of Racketeering Offenses and Defenses to RICO Charges

Charlotte Criminal Lawyer Brad Smith answers the question: “If I have an outstanding warrant, what should I do?”   RICO stands for the Racketeer Influenced and Corrupt Organizations Act, a federal law created in the 1970s to fight organized crime. Law enforcement agencies devote extensive resources to prosecute and convict…

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What is North Carolina’s Law of Implied Consent in DWI Cases?

Charlotte DWI Lawyer Brad Smith answers the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?”   If you were pulled over and a police officer believes that you were driving under the influence of alcohol, you may be asked to submit to chemical…

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What is a Mens Rea Standard in Criminal Cases in North Carolina?

Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?”   Mens Rea, which is Latin for “guilty mind,” is a standard in North Carolina’s criminal cases that helps prevent people from being punished when their intentions were innocent.…

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Six Defenses if You are Wrongfully Accused of a Crime in North Carolina

Charlotte Criminal Lawyer Brad Smith answers the question: “Do I need to hire an attorney if I have been falsely accused?”   Being wrongfully accused of a crime you did not commit is a stressful and life-altering experience. The emotional distress associated with being charged with a crime when you…

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What are the Different Types of Phone Harassment Crimes in North Carolina?

Charlotte Criminal Lawyer Brad Smith answers the question: “My relationship is ending and they are threatening to call the police, how can I help myself?”   Phone harassment is a serious crime in North Carolina. You can be arrested and charged with a crime for making harassing phone calls, which…

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When is it Legal and Illegal to Carry a Concealed Gun in North Carolina?

Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”   While your right to carry firearms is protected under the federal constitution, depending on the circumstances you can still be arrested for carrying a gun in North Carolina. In fact, you…

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Do North Carolina Police Officers Need a Warrant to Search Your Home?

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”   If you are familiar with your constitutional rights in the U.S., you probably know that the Fourth Amendment protects you from unreasonable searches and seizures. In other words, police officers must have…

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