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Articles Posted in Charlotte

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Involuntary Commitment Does Not Trigger Miranda, Court Rules

Charlotte Criminal Lawyer Brad Smith answers the question: “If I have an outstanding warrant, what should I do?”   To many people, involuntary commitment in a psychiatric facility seems like the equivalent of jail when it comes to restricting your freedoms; for some, it could be considered even worse. However,…

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“You Have the Right to an Attorney”—Unless Prosecutors Insist You’re Unconscious?

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?”   The man suspected of planting the bombs on the Jersey Shore and in Manhattan last month is being represented by attorneys for the American Civil Liberties Union (ACLU) after being denied access to a federal…

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Charlotte Police Release Footage of Shooting

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?”   Charlotte has been gripped by protests in the days following the deadly shooting of Keith Lamont Scott. Scott was killed by police officers who said he was using marijuana and carrying a gun that he…

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Man Recycles Plot from Seinfeld for $1000 in Bottle Refunds, Gets Hit With Felony

Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”   After a plot straight from the popular sitcom Seinfeld went awry, a Michigan man is facing five (5) years in prison for a felony count of beverage return of non-refundable bottles.…

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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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Taylor Swift, Kim Kardashian, Kanye West and the criminal implications of secret recordings

Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”   For pop culture junkies the Taylor Swift/Kanye West feud dates back a long way, to 2009, to be precise. It was then that Kanye stormed the MTV VMA stage, interrupting Swift’s…

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What is RICO?

Charlotte Criminal Lawyer Brad Smith answers the question: “What should parents tell their children to do when interacting with police officers?”   The Supreme Court this week issued a ruling that many experts believe cleared the way for criminal action against the international soccer organization FIFA. In its ruling, the…

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North Carolina Woman Wanted After Mother Found Dead In Freezer

Charlotte Criminal Lawyer Brad Smith answers the question:”A past conviction is keeping me from finding work. What can I do?”   In a truly grim case out of Goldsboro, North Carolina, police say they are actively searching for a woman whose mother was found dead in a freezer. Police say…

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Louisiana Tries To Protect Cops With New Hate Crime Legislation

Charlotte Criminal Lawyer Brad Smith answers the question: “Am I allowed to videotape an interaction with police? Can they make me stop filming?”   Hate crime legislation is designed to protect those who are victims of discrimination or violence perpetrated by others. The laws are written to provide this protection…

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Your Fingerprints Can’t Plead the Fifth, Federal Court Says

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”   On this blog earlier in the year we talked about the FBI trying to force Apple to hack into the San Bernardino shooting suspect’s iPhone to help with the ongoing criminal investigation. Since…

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