Charlotte Criminal Lawyer Brad Smith answers the question: “If I have an outstanding warrant, what should I do?” Many North Carolinians mistakenly believe that they have a right to self-defense any time they are attacked or provoked by another individual. While self-defense can be justifiable under certain circumstances, “defending”…
Articles Posted in Huntersville
I Was Charged With a Federal Crime: What Should I Do?
Charlotte Criminal Lawyer Brad Smith answers the question: “Do I need to hire an attorney if I have been falsely accused?” Being charged with a federal crime is a very stressful and frightening experience. Many people who are facing federal charges do not know what happens after they are…
What Happens if You Get Pulled Over Without a License in North Carolina?
Charlotte DWI Lawyer Brad Smith answers the question: “Can I represent myself on a traffic ticket?” Driving without a license is a serious offense in North Carolina. That is why it is vital to contact a criminal defense lawyer if you get pulled over without a license to avoid…
What Does Mandatory Minimum Sentencing Mean in North Carolina?
Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?” North Carolina law does not have mandatory minimum sentences for most criminal offenses. In most criminal cases, prosecutors can offer a plea bargain while judges have discretion over…
What are Criminal Penalties for Violating North Carolina’s COVID-19 Curfew?
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?” North Carolina’s statewide curfew took effect on December 11, 2020, as COVID-19 cases and hospitalizations continue to rise and break new records. Under the state’s…
What is the DWI Lookback Period in North Carolina?
Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?” Courts must consider a variety of factors, including previous DWI convictions on the defendant’s record, to choose an appropriate sentence and penalties. If you have been charged with…
Wrongful Convictions and Racial Disparities in North Carolina’s Criminal Justice System
Charlotte Criminal Lawyer Brad Smith answers the question: “Do I need to hire an attorney if I have been falsely accused?” North Carolina’s criminal courts use the highest burden of proof for convictions and imprisonment. However, even the highest burden of proof may not protect innocent defendants from racial…
What is Underage (Provisional) DWI in North Carolina?
Charlotte DWI Lawyer Brad Smith answers the question: “Is there more than one way for police to charge a person with DWI?” North Carolina’s Zero Tolerance Law makes it illegal for people under the age of 21 to drive with any amount of alcohol or drugs in their system.…
What is North Carolina’s Law of Implied Consent in DWI Cases?
Charlotte DWI Lawyer Brad Smith answers the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?” If you were pulled over and a police officer believes that you were driving under the influence of alcohol, you may be asked to submit to chemical…
What is a Mens Rea Standard in Criminal Cases in North Carolina?
Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?” Mens Rea, which is Latin for “guilty mind,” is a standard in North Carolina’s criminal cases that helps prevent people from being punished when their intentions were innocent.…