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?” In North Carolina, individuals who have HIV/AIDS can face criminal charges for having sex without the use of condoms or without informing their partner…
Articles Posted in Criminal Defense
How can You Get a Speedy Trial in North Carolina During the COVID-19 Pandemic?
Charlotte DWI Lawyer Brad Smith answers the question: “Can I represent myself on a traffic ticket?” The coronavirus pandemic, which paralyzed the U.S. court system, made it problematic for defendants to get a speedy trial. Luckily, there are ways to defend your right to a speedy trial despite the…
Were Anti-Abortion Protesters’ Rights Violated When They Were Arrested?
Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?” Arrests of anti-abortion protesters in multiple North Carolina cities, including Charlotte, made national headlines, prompting many high-profile politicians to accuse the police of violating the arrested protesters’ constitutional rights. So, were…
Building a Defense When Facing Felony Drug Charges in North Carolina
Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?” In North Carolina, felony drug charges are one of the most serious crimes an individual can face. A conviction could lead to hefty fines and decades in prison, not to mention that…
Defenses to a Failed Breathalyzer Test in North Carolina
Charlotte DWI Lawyer Brad Smith answers the question: “Are breath test results always accurate?” If you were pulled over for driving while impaired (DWI) in Charlotte or other parts of North Carolina, a police officer might order a breathalyzer test to determine your blood alcohol concentration (BAC). If you…
Should You Turn Yourself in When There is a Warrant for Your Arrest in North Carolina?
Charlotte Criminal Lawyer Brad Smith answers the question: “If I have an outstanding warrant, what should I do?” It is scary to think about turning yourself in to the North Carolina police, let alone actually to go to the police station and do it. Many of those who consider…
How an Apology can be Perceived as Confession and Lead to Criminal Charges
Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?” They say it is better to apologize late than never. However, the same principle does not apply when you are being accused of a crime, especially if you did not commit one. Apologies are often…
Murder Suspects in Charlotte Will No Longer Get Ankle Bracelets, CMPD Says
Charlotte Criminal Lawyer Brad Smith answers the question: “Am I allowed to videotape an interaction with police? Can they make me stop filming?” Charlotte-Mecklenburg Police (CMPD) has announced drastic changes to its electronic monitoring program in the city amid concerns that people released from jail before trial pose a…
What are Defenses to Motor Vehicle Theft (Auto Larceny) Charges in North Carolina?
Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?” Stealing a motor vehicle is a serious crime in North Carolina. In addition to auto theft charges, a person can be found guilty of a crime when he or she uses, damages, or…
What Happens if You Steal From a Retail Store in Charlotte, North Carolina?
Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?” North Carolina law recognizes theft as taking someone else’s property without their permission to permanently deprive the owner of the item. Theft, burglary, and shoplifting are serious crimes. Being charged with one of…