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Charlotte Criminal Lawyer Blog

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Streamers Beware, Sharing Your Passwords May Now Be A Federal Crime

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?”   Almost everyone these days shares passwords for one streaming service or another. It could be HBO, Netflix, Hulu, possibly Spotify. A friend or family…

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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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Supreme Court: You Can’t Criminalize DUI Refusal to Submit a Blood Test

Charlotte DWI Lawyer Brad Smith answers the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?”   The United States Supreme Court has had a busy last few weeks when it comes to the Fourth Amendment. Two of its most recent opinions in particular…

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Supreme Court Knocks Down Criminal Penalties For Implied Consent Violations

Charlotte DWI Lawyer Brad Smith answers callers’ questions during a 30 minute radio interview with the Legal Forum. Recorded in Charlotte, Mecklenburg County North Carolina.   The Supreme Court voted 7-1 to place limits on laws that make it a crime for drivers suspected of drunk driving to refuse to…

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Cyberbullying law overturned by North Carolina Supreme Court

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?”   Cyberbullying has been in the news a lot in recent months and years, with experts finally catching on to the harm that can be…

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Cherokee, NC Considers Marijuana Legalization After Hazy Federal Guidance

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”   Tribal territory in Cherokee, North Carolina is closer than any other area in North Carolina to legalizing marijuana for its citizens. A group called Common Sense Cannabis (CSC) is…

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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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You Can Touch But You Can’t Look (On Your Phone): Man Charged With Child Porn After Affair With Legal Minor

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 Texas, it is legal to have sex with someone as young as 17 years old. This was not where Aldo Leiva, 51, ran afoul…

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Armed Robber Jailed After Victim’s Facebook Suggested They Become Friends

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”   The “People You May Know” section on Facebook is one of those love-it-or-hate-it features. Like so many other aspects of social media in an age where the law recognizes almost all social platform…

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