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Articles Posted in federal court

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Armed ≠ Dangerous for Stop and Frisk by Police, Judge Rules

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 federal appellate court with jurisdiction over North Carolina just ruled in a surprising decision that “armed” does not automatically mean “dangerous” within…

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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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Justices appear poised to strike criminal law due to unconstitutional vagueness

Charlotte DWI Lawyer Brad Smith answers the question: What are the long term effects of being convicted of a crime?   Observers at oral argument before the United States Supreme Court say high-court justices were so confused by provisions of the Armed Career Criminal Act that they appeared poised to…

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