Charlotte DWI Lawyer Brad Smith answers the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?” Only a small percentage of cases make their way to the United States Supreme Court. The case of State v. Mitchell is one of the chosen few…
Charlotte Criminal Lawyer Blog
Common Mistakes Officers Make During DWI Arrests
Charlotte DWI Lawyer Brad Smith answers the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?” In North Carolina, a driver can be charged with Driving While Impaired (DWI) if he or she has a blood alcohol concentration of .08 or more, or…
Can I Get a DWI Without Drinking Alcohol?
Charlotte DWI Lawyer Brad Smith answers the question: “Is there more than one way for police to charge a person with DWI?” We have all heard of a driving under influence (DUI) or driving while impaired (DWI). Additionally, most associate both a DUI and a DWI with drinking too…
The Criminal Court Process in North Carolina
Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?” The criminal court process can be difficult to understand. If you have never been charged with a crime, or even if you have, it can be difficult to determine…
The Criminal Court Process in North Carolina
Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?” The criminal court process can be difficult to understand. If you have never been charged with a crime, or even if you have, it can be difficult to determine what the…
Can Police Take My Gun During a Traffic Stop?
Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?” The Second Amendment to the United States Constitution gives citizens the right to bear arms. This is not to say that a person is lawfully permitted to carry a weapon at all…
Self-Defense, Intent, and Duty to Retreat in North Carolina
Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?” Being in a situation fearing for your life and/or safety is not a place many people want to be. Anyone who has been in that situation will tell you…
Double Jeopardy in North Carolina
Charlotte Criminal Lawyer Brad Smith answers the question: “I was found not guilty of a charge, buy my record still shows the charge. What is going on?” Imagine being charged with a crime, going through the entire trial process, being found not guilty, and still being worried about the…
The Importance of Proper Jury Instructions
Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?” A fundamental part of the United States court systems is the right for the accused to have a trial by a jury of their peers. However, included in this right is the inherent…
What is a Speedy Trial?
Charlotte Criminal Lawyer Brad Smith answers the question: “Am I allowed to videotape an interaction with police? Can they make me stop filming?” If you watch any TV crime drama, you will likely hear the phrase “right to a speedy trial.” This phrase is thrown about in many television…