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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…

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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…

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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…

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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…

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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…

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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…

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What Happens When Officers Lose Reasonable Suspicion at a Traffic Stop?

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”   In most instances, police officers are required to have reasonable suspicion when they conduct a traffic stop. Speeding, swerving in and out of lanes, using a phone while driving, or other traffic…

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Is Necessity a Defense to a DWI?

Charlotte DWI Lawyer Brad Smith answers the question: “How can an attorney help me with my DWI?”   After being charged with a crime, your mind might be reeling. Suddenly, you are thrust into the criminal justice system and are trying to figure out what to do next. Driving while…

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Things to Look Out for in a DWI Arrest

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, drivers can be charged with driving while impaired (DWI) if they are under the “influence of an impairing substance,” have a blood alcohol concentration…

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North Carolina Court Rules Further on Drug ID

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”   Criminal charges and the subsequent trial that follow can raise legal questions for North Carolina courts. There are always new issues that arise and new considerations to be taken…

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