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Articles Posted in Criminal

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License Revocation as a Consequence of DWI

Charlotte DWI Lawyer Brad Smith answers the question: “How can an attorney help me with my DWI?”   Most people in North Carolina rely on their car to get them from one place to another. While there may be public transportation options, rideshare options, or any other type of transportation,…

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What is obstruction of justice?

Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”   After former FBI director James Comey’s recent testimony before Congress, the media has been awash in conversation about obstruction of justice. The question on many minds is whether Comey’s testimony made…

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Is Genuine Need Ever Justification For Committing Crime? In Italy, Maybe So

  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?”   A man in Italy found himself in the odd situation of having a conviction overturned not because he didn’t do the crime, but because…

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Jury clears officer who shot and killed unarmed backseat passenger during traffic stop

J. Bradley Smith of Arnold & Smith, PLLC answers the question “If I have an outstanding warrant, what should I do?”   The “Hands up, don’t shoot!” moniker is all the rage in the United States, with prominent professional athletes in the National Basketball Association and National Football League, as…

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“Wings on pigs” post protected by First Amendment, says legal expert

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I talk to the police?”   Americans are well informed of the facts—and the rhetoric—surrounding the high-profile police killings of Michael Brown in Ferguson, Missouri and Eric Garner in New York City this past summer. Most are just…

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Jury convicts man who pled “stand your ground” defense

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?”   A 30-year-old Montana man has been convicted of deliberate homicide in the April 27, 2014 shooting death of a German foreign-exchange student. The man, Markus Kaarma of Missoula, Montana, found…

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Notes of caution sounded on across-the-board police body-camera use

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?”   The move is on—in the wake of riots and protests over police shooting and choking deaths of two unarmed men in Ferguson, Missouri and New York City—to equip police officers…

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Free-speech guardians worry man’s conviction may lead to criminalization of rap music

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?”   The Supreme Court entertained arguments this week in a case that could lead to the criminalization of some rap lyrics. The case involves a 31-year old “aspiring rapper who likes…

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Researchers say the propensity to commit crimes may be down to a person’s genes

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?”   Researchers in Stockholm, Sweden have published findings that appear to show a link between two genetic mutations and a propensity to commit violent criminal acts. The researchers studied the DNA…

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N.C. voters pass Constitutional amendment allowing defendants to waive jury trials

J. Bradley Smith of Arnold & Smith, PLLC answers the question “What is the difference between a misdemeanor and a felony?”   Like other criminal defense attorneys, I would almost never recommend that a defendant waive one’s right to a jury trial. Until last week, defendants in North Carolina could…

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