Charlotte Criminal Lawyer Brad Smith answers the question: “Am I allowed to videotape an interaction with police? Can they make me stop filming?” If you watch any TV crime drama, you will likely hear the phrase “right to a speedy trial.” This phrase is thrown about in many television…
Articles Posted in Cornelius
What Happens When Officers Lose Reasonable Suspicion at a Traffic Stop?
Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?” In most instances, police officers are required to have reasonable suspicion when they conduct a traffic stop. Speeding, swerving in and out of lanes, using a phone while driving, or other traffic…
Is Necessity a Defense to a DWI?
Charlotte DWI Lawyer Brad Smith answers the question: “How can an attorney help me with my DWI?” After being charged with a crime, your mind might be reeling. Suddenly, you are thrust into the criminal justice system and are trying to figure out what to do next. Driving while…
Things to Look Out for in a DWI Arrest
Charlotte DWI Lawyer Brad Smith answers the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?” In North Carolina, drivers can be charged with driving while impaired (DWI) if they are under the “influence of an impairing substance,” have a blood alcohol concentration…
North Carolina Court Rules Further on Drug ID
Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?” Criminal charges and the subsequent trial that follow can raise legal questions for North Carolina courts. There are always new issues that arise and new considerations to be taken…
Court of Appeals Rules on Race and Voluntary Consent of Searches
Charlotte DWI Lawyer Brad Smith answers the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?” Throughout the country, we often hear a lot of debate about an individual, or his or her property, being subjected to search by law enforcement. The Fourth…
Supreme Court Broadens Meaning of “Maintaining a Dwelling”
Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?” The state of North Carolina is strict on drug crimes. In an effort to eliminate the use of drugs throughout the state, courts and lawmakers have been eager to crack down on…
The Statute of Limitations for North Carolina Criminal Charges
Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?” If you watch a television drama that follows the story of a crime and its prosecution, it seems like a quick process. A crime is committed, suspects are…
Court of Appeals Rules on Satellite-Based Monitoring for Sex Offenders
Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?” It is unsurprising that the general population is hesitant about having those who have been convicted of sex crimes re-enter society. Therefore, there are a variety and programs that…
North Carolina Appeals Court Rules on the Use of Defensive Force in the Home
Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?” In 2011, the North Carolina General Assembly updated the law governing the use of defensive force in the home. Since then, there has been a need for clarification of…