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Articles Posted in Cornelius

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Man Arrested for Voting in North Carolina

Charlotte Criminal Lawyer Brad Smith answers the question: “If I have an outstanding warrant, what should I do?”   What started as an ordinary traffic stop turned into a felony charge for one North Carolina man. Keith Sellars was driving home from dinner when he was pulled over by a…

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Supreme Court Upholds Privacy Rights in Warrantless Searches

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”   One of the fundamental rights that American citizens have is the right to privacy. We have the right to feel secure in our person and be free from unreasonable searches and seizures…

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Defenses to Criminal Domestic Violence Charges

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 prosecutors vigorously prosecute domestic violence cases. This strict approach is in response to the general public’s feeling that abuse among partners is heinous…

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Civil Forfeiture Under Attack In Michigan

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?”   We have discussed civil asset forfeiture before and how there is growing consensus around the country that the practice has many negatives and unfairly impacts those who are already among the most vulnerable. The system…

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Courts Allow Computers To Weigh In On Criminal Cases

Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”   If you have seen the movie “Minority Report” starring Tom Cruise, you are familiar with some of the scary and seemingly futuristic ways that technology could come to influence the criminal…

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Legislators In Alabama Take Aim At Civil Asset Forfeiture Law

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?”   We have discussed civil asset forfeiture many times before, usually noting the ways in which the practice is used to unfairly seize assets from often-innocent individuals, enriching law enforcement agencies at the expense of the…

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Should Tech Companies Share Information With Defendants As Well As With Prosecutors?

Charlotte Criminal Lawyer Brad Smith answers the question: “When can I post on Social media about my ongoing case?”   It likely comes as no surprise to most people that the things they post online, particularly on the big social media sites, are seldom kept private for long. As users…

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Florida Legislature Moves Forward With Plan To Allow Retroactive Criminal Law Changes

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”   When we think of the law we often imagine rules that are set in stone. The law is meant to remain constant, allowing certainty over time and consistent treatment,…

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Florida Court Decides Whether Cars Count As Deadly Weapons

Charlotte Criminal Lawyer Brad Smith answers the question: “If I have an outstanding warrant, what should I do?”   When you think of deadly weapons most people imagine the classics: guns and knives. Crimes that include heightened penalties for being committed with deadly weapons thus typically involve defendants who had…

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Certificates of Relief

Charlotte Criminal Lawyer Brad Smith answers the question:”What is an expungement?”   We have previously discussed the important changes that will soon go into effect regarding expungements in North Carolina. The law is set to change and will make it easier for more people to wipe the slate clean, deleting…

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