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Articles Posted in Cornelius

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What Does Mandatory Minimum Sentencing Mean in North Carolina?

Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?”   North Carolina law does not have mandatory minimum sentences for most criminal offenses. In most criminal cases, prosecutors can offer a plea bargain while judges have discretion over…

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What are Criminal Penalties for Violating North Carolina’s COVID-19 Curfew?

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?”   North Carolina’s statewide curfew took effect on December 11, 2020, as COVID-19 cases and hospitalizations continue to rise and break new records. Under the state’s…

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What is the DWI Lookback Period in North Carolina?

Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?”   Courts must consider a variety of factors, including previous DWI convictions on the defendant’s record, to choose an appropriate sentence and penalties. If you have been charged with…

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Wrongful Convictions and Racial Disparities in North Carolina’s Criminal Justice System

Charlotte Criminal Lawyer Brad Smith answers the question: “Do I need to hire an attorney if I have been falsely accused?”   North Carolina’s criminal courts use the highest burden of proof for convictions and imprisonment. However, even the highest burden of proof may not protect innocent defendants from racial…

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What is Underage (Provisional) DWI in North Carolina?

Charlotte DWI Lawyer Brad Smith answers the question: “Is there more than one way for police to charge a person with DWI?”   North Carolina’s Zero Tolerance Law makes it illegal for people under the age of 21 to drive with any amount of alcohol or drugs in their system.…

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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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