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What is a mistrial?

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?”   It’s been more than 10 years in the making, but the criminal case revolving around Bill Cosby came to the end, rather quietly, over the weekend. Though people have speculated for some time…

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What is obstruction of justice?

Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”   After former FBI director James Comey’s recent testimony before Congress, the media has been awash in conversation about obstruction of justice. The question on many minds is whether Comey’s testimony made…

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Supreme Court Agrees To Decide Case Concerning Cellphone Privacy

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?”   As technology improves, it’s all but guaranteed that some enterprising criminal will find new ways to perpetrate crimes. After all, where there’s a will, it won’t be long until there’s a way. Though technological advancement…

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New Iowa Forfeiture Law Doesn’t Go Far Enough

Charlotte Criminal Lawyer Brad Smith answers the question: “If I am charged by campus police could I still face jail time or probation?”   It’s something relatively few people have experienced (thankfully), but if and when you do, the practice likely comes as a terrible surprise. Police, unbeknownst to many,…

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What does it mean to plead the Fifth?

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”   You’ve heard it a million times before, someone who may be in a bit of hot water says they’re going to “plead the Fifth”. It’s happened most recently with…

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States Where Speech Is A Crime

Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”   Though sticks and stones may break our bones, words are never supposed to hurt us, right? The reality is that words hurt all the time and when they do, they can…

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Fitbit Used In Murder Investigation

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”   We’ve discussed before the impact that technology can and will continue to have when it comes to criminal investigations. Just recently, police in Arkansas made use of an Amazon…

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Plea Bargaining and Criminal Law

Charlotte Criminal Lawyer Brad Smith answers the question:”What is an expungement?”   When most people think of the criminal justice system, they likely imagine something similar to an episode of Law & Order. Police officers testifying, prosecutors and defense attorneys arguing, judges slamming gavels and jurors listening in rapt attention.…

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When is a hate crime not a hate crime?

Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”   When most people think of hate crimes they imagine criminal acts that occur because one person was motivated by a particular animus against the victim. This animus can be based on…

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Confusion exists surrounding legality of recording police officers

Charlotte Criminal Lawyer Brad Smith answers the question: “Am I allowed to videotape an interaction with police? Can they make me stop filming?”   A recent incident in Wilmington highlighted an area of legal uncertainty. The case involved an Uber-driving criminal defense attorney, a smartphone and an irritated police officer.…

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