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Articles Posted in Charlotte Lawyer

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Georgia Court Says Recording “Upskirt” Videos Not A Crime

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?”   Most people would instinctively assume that secretly recording a woman wearing a skirt from below would qualify as some kind of crime.…

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How Slow Motion Can Harm Criminal Defendants

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”   It’s something you may never have thought about: what impact does slow motion video have on your perception of an event? Your first reaction may be, nothing. After all, slow motion is…

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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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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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President Obama Moves To “Ban the Box” For Federal Jobs

Charlotte Criminal Lawyer Brad Smith answers the question: “If I am charged by campus police could I still face jail time or probation?”   The “Ban the Box” movement appears to be picking up steam across the country as more and more states pass measures aimed at removing a hurdle…

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Is Genuine Need Ever Justification For Committing Crime? In Italy, Maybe So

  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?”   A man in Italy found himself in the odd situation of having a conviction overturned not because he didn’t do the crime, but because…

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2016 Marks 50th Anniversary of Miranda v. Arizona

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”   “You have the right to remain silent…”, a phrase that almost all of us know, but few truly understand. The words are part of what has become known as a Miranda Warning or…

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What you should know about the 1994 Crime Bill

Charlotte Criminal Lawyer Brad Smith answers the question: “When can I post on Social media about my ongoing case?”   A hot topic the past week or so has concerned a bill signed into law more than two decades ago. The 1994 Crime Bill has become important of late given…

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Accused ISIS Supporter Stuck in Stateside Honeypot Trap

Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?”   A young man from Michigan is being accused of supporting the Islamic State by federal prosecutors after becoming involved in a so-called “honeypot trap.” Khalil Abu Rayyan, 21,…

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