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Articles Posted in Mecklenburg

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The Importance of Proper Jury Instructions

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?”   A fundamental part of the United States court systems is the right for the accused to have a trial by a jury of their peers. However, included in this right is the inherent…

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What is a Speedy Trial?

Charlotte Criminal Lawyer Brad Smith answers the question: “Am I allowed to videotape an interaction with police? Can they make me stop filming?”   If you watch any TV crime drama, you will likely hear the phrase “right to a speedy trial.” This phrase is thrown about in many television…

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What Happens When Officers Lose Reasonable Suspicion at a Traffic Stop?

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”   In most instances, police officers are required to have reasonable suspicion when they conduct a traffic stop. Speeding, swerving in and out of lanes, using a phone while driving, or other traffic…

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Is Necessity a Defense to a DWI?

Charlotte DWI Lawyer Brad Smith answers the question: “How can an attorney help me with my DWI?”   After being charged with a crime, your mind might be reeling. Suddenly, you are thrust into the criminal justice system and are trying to figure out what to do next. Driving while…

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Things to Look Out for in a DWI Arrest

Charlotte DWI Lawyer Brad Smith answers the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?”   In North Carolina, drivers can be charged with driving while impaired (DWI) if they are under the “influence of an impairing substance,” have a blood alcohol concentration…

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Should I Take a Plea Bargain?

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?”   Being charged with a crime can be overwhelming. Suddenly, you are thrust into the court system and worried that you will be found guilty and face serious penalties for an action you may…

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Court of Appeals Rules on Race and Voluntary Consent of Searches

Charlotte DWI Lawyer Brad Smith answers the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?”   Throughout the country, we often hear a lot of debate about an individual, or his or her property, being subjected to search by law enforcement. The Fourth…

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Supreme Court Broadens Meaning of “Maintaining a Dwelling”

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”   The state of North Carolina is strict on drug crimes. In an effort to eliminate the use of drugs throughout the state, courts and lawmakers have been eager to crack down on…

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Things to Consider When Hiring a Criminal Defense Attorney

Charlotte Criminal Lawyer Brad Smith answers the question: “Do I need to hire an attorney if I have been falsely accused?”   If you are considering hiring a criminal defense attorney, you are likely in a stressful and trying time in your life. Criminal charges can be confusing and likely…

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The Statute of Limitations for North Carolina Criminal Charges

Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?”   If you watch a television drama that follows the story of a crime and its prosecution, it seems like a quick process. A crime is committed, suspects are…

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