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Articles Posted in Court of Appeals

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The Importance of Proper Jury Instructions

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?”   A fundamental part of the United States court systems is the right for the accused to have a trial by a jury of their peers. However, included in this right is the inherent…

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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…

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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…

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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…

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Recent “Ineffective Assistance of Counsel” Ruling Provides Defense-Friendly Look at Confession Suppression

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I ever plead guilty to a charge?”   An exciting new ruling came out of the federal Fourth Circuit Court of Appeals this February. This is the federal court that has jurisdiction over North Carolina, and it held…

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N.C. Supreme Court upholds social networking ban for sex offenders

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?”   In 2008, the North Carolina General Assembly passed a law making it a criminal offense for anyone previously convicted of a sexual offense to access a commercial social networking site…

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Court Tackles Implied Consent Law

Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can the police search my car without a warrant?”   The Minnesota Court of Appeals recently issued a long-awaited opinion concerning the constitutionality of the state’s implied consent law. The Appeals Court affirmed…

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Craigslist-post conviction thrown out; criminal defamation law ruled unconstitutional

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I ever plead guilty to a charge?”   The axiom that “The truth shall set you free” is, in my opinion, a bit overused and often used out of context. The quote—from the eighth chapter of the Gospel…

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Question we should be asking on death penalty is “Are we doing this or not?”

Charlotte DWI Lawyer Brad Smith answers the question: What are the long term effects of being convicted of a crime?   North Carolina’s death row houses 152 inmates awaiting execution. The state has not executed an inmate since 2006. A series of lawsuits brought by death-row inmates in 2007 led…

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