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Articles Posted in Criminal Defense

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Cash Bail Under Fire In New York

Charlotte Criminal Lawyer Brad Smith answers the question: “If I have an outstanding warrant, what should I do?”   We have discussed bail before. Specifically, we have discussed the ways in which the current bail system in place in many states is designed in such a way that disadvantages the…

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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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New Expungement Law and the Duty to Delete

We have previously discussed a new expungement law that will go into effect in North Carolina in just a few weeks. The measure, scheduled to be implemented on December 1, 2017, is aimed at improving the currently cumbersome expungement process. The law is specifically designed to make the process faster…

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Does Flipping A Bird Count As Free Speech?

Board Certified Family Law Specialist Matt Arnold answers the question: “How is social media evidence used in divorce proceedings?”   When we think of arguments involving the First Amendment and free speech, we often conjure up images of brave people taking stands on important topics. There are a number of…

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Major Push Underway To Reform Bail System

Charlotte Criminal Lawyer Brad Smith answers the question: “If I have an outstanding warrant, what should I do?”   To the surprise of many who once thought it impossible, there appears to be growing pressure across the country to make changes to the current bail system in place in most…

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Massachusetts Case Raises Questions of Cyberbullying and Free Speech

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”   It can sometimes seem like we have seen it all before. This is especially true in the criminal law world, where crimes are seldom novel, but often sad cycles continually repeating themselves. Though…

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What is a mistrial?

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?”   It’s been more than 10 years in the making, but the criminal case revolving around Bill Cosby came to the end, rather quietly, over the weekend. Though people have speculated for some time…

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What does it mean to plead the Fifth?

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”   You’ve heard it a million times before, someone who may be in a bit of hot water says they’re going to “plead the Fifth”. It’s happened most recently with…

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States Where Speech Is A Crime

Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”   Though sticks and stones may break our bones, words are never supposed to hurt us, right? The reality is that words hurt all the time and when they do, they can…

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When is a hate crime not a hate crime?

Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”   When most people think of hate crimes they imagine criminal acts that occur because one person was motivated by a particular animus against the victim. This animus can be based on…

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