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Charlotte Criminal Lawyer Blog

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Supreme Court Sides With Small Business Owner In Criminal Tax Case

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?”   When most people imagine the IRS, the first thing that comes to mind is the prototypical big, bad government bureaucracy. The IRS is the kind of institution that sets rules and never loses.…

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Supreme Court Ruling Means That Bond Hearings May Be Denied To Immigrants

Charlotte Criminal Lawyer Brad Smith answers the question: “What should parents tell their children to do when interacting with police officers?”   It may come as a surprise to some that the right to bond, or at least the right to a hearing to determine if bond will be granted,…

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Cash Bail Under Fire In New York

Charlotte Criminal Lawyer Brad Smith answers the question: “If I have an outstanding warrant, what should I do?”   We have discussed bail before. Specifically, we have discussed the ways in which the current bail system in place in many states is designed in such a way that disadvantages the…

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Iowa’s “Stand Your Ground” Law Put To The Test In Recent Case

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”   Stand Your Ground laws have been around for more than a decade now, with Florida serving as one of the first states to pass such legislation back in 2005. Though not a novel…

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Civil Forfeiture Under Attack In Michigan

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?”   We have discussed civil asset forfeiture before and how there is growing consensus around the country that the practice has many negatives and unfairly impacts those who are already among the most vulnerable. The system…

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Courts Allow Computers To Weigh In On Criminal Cases

Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”   If you have seen the movie “Minority Report” starring Tom Cruise, you are familiar with some of the scary and seemingly futuristic ways that technology could come to influence the criminal…

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Legislators In Alabama Take Aim At Civil Asset Forfeiture Law

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?”   We have discussed civil asset forfeiture many times before, usually noting the ways in which the practice is used to unfairly seize assets from often-innocent individuals, enriching law enforcement agencies at the expense of the…

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Should Tech Companies Share Information With Defendants As Well As With Prosecutors?

Charlotte Criminal Lawyer Brad Smith answers the question: “When can I post on Social media about my ongoing case?”   It likely comes as no surprise to most people that the things they post online, particularly on the big social media sites, are seldom kept private for long. As users…

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Supreme Court To Hear Case Involving Minor Sentenced To 241 Years In Prison

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”   Those who follow issues involving criminal law may know that the United States is an outlier among other countries in the world when it comes to punishment of juvenile…

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Florida Legislature Moves Forward With Plan To Allow Retroactive Criminal Law Changes

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”   When we think of the law we often imagine rules that are set in stone. The law is meant to remain constant, allowing certainty over time and consistent treatment,…

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