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What Does Mandatory Minimum Sentencing Mean in North Carolina?

Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?”   North Carolina law does not have mandatory minimum sentences for most criminal offenses. In most criminal cases, prosecutors can offer a plea bargain while judges have discretion over…

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What are Criminal Penalties for Violating North Carolina’s COVID-19 Curfew?

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?”   North Carolina’s statewide curfew took effect on December 11, 2020, as COVID-19 cases and hospitalizations continue to rise and break new records. Under the state’s…

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Long-Awaited Criminal Justice Reforms Take Effect in North Carolina

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”   New North Carolina laws as part of the state’s criminal justice reform went into effect on December 1, 2020. As a result, more North Carolinians are eligible to apply…

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What is the DWI Lookback Period in North Carolina?

Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?”   Courts must consider a variety of factors, including previous DWI convictions on the defendant’s record, to choose an appropriate sentence and penalties. If you have been charged with…

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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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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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