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Articles Posted in Charlotte

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What is North Carolina’s Law of Implied Consent in DWI Cases?

Charlotte DWI Lawyer Brad Smith answers the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?”   If you were pulled over and a police officer believes that you were driving under the influence of alcohol, you may be asked to submit to chemical…

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What is a Mens Rea Standard in Criminal Cases in North Carolina?

Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?”   Mens Rea, which is Latin for “guilty mind,” is a standard in North Carolina’s criminal cases that helps prevent people from being punished when their intentions were innocent.…

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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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When is it Legal and Illegal to Carry a Concealed Gun in North Carolina?

Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”   While your right to carry firearms is protected under the federal constitution, depending on the circumstances you can still be arrested for carrying a gun in North Carolina. In fact, you…

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Do North Carolina Police Officers Need a Warrant to Search Your Home?

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”   If you are familiar with your constitutional rights in the U.S., you probably know that the Fourth Amendment protects you from unreasonable searches and seizures. In other words, police officers must have…

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Can You Face Criminal Charges for Letting a Drunk Person Drive While Intoxicated in North Carolina?

Charlotte DWI Lawyer Brad Smith answers the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?”   You probably know that driving under the influence of alcohol can get you in trouble with the law, but in North Carolina, you can also face criminal…

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What is Considered a Crime Against Nature in North Carolina?

Charlotte Criminal Lawyer Brad Smith answers the question:”A past conviction is keeping me from finding work. What can I do?”   While many states no longer use the term “crime against nature” to criminalize sex acts between two consenting adults, the state of North Carolina still uses the offense to…

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How to Pursue Compensation for Wrongful Incarceration in North Carolina?

Charlotte Criminal Lawyer Brad Smith answers the question: “Do I need to hire an attorney if I have been falsely accused?”   Criminal courts use proof beyond a reasonable doubt, the highest legal standard of proof, to ensure that people are imprisoned for actually committing a crime rather than merely…

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New Study Reveals the Most Common Types of Crimes Committed in North Carolina

Charlotte Criminal Lawyer Brad Smith answers the question: “If I have an outstanding warrant, what should I do?”   The most recent research published on 24/7 Wall St. revealed the most common types of crimes that are being committed in Charlotte and other parts of North Carolina. The study concluded…

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