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Articles Posted in Mecklenburg

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Legislators In Alabama Take Aim At Civil Asset Forfeiture Law

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?”   We have discussed civil asset forfeiture many times before, usually noting the ways in which the practice is used to unfairly seize assets from often-innocent individuals, enriching law enforcement agencies at the expense of the…

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Should Tech Companies Share Information With Defendants As Well As With Prosecutors?

Charlotte Criminal Lawyer Brad Smith answers the question: “When can I post on Social media about my ongoing case?”   It likely comes as no surprise to most people that the things they post online, particularly on the big social media sites, are seldom kept private for long. As users…

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Supreme Court To Hear Case Involving Minor Sentenced To 241 Years In Prison

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”   Those who follow issues involving criminal law may know that the United States is an outlier among other countries in the world when it comes to punishment of juvenile…

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Florida Legislature Moves Forward With Plan To Allow Retroactive Criminal Law Changes

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”   When we think of the law we often imagine rules that are set in stone. The law is meant to remain constant, allowing certainty over time and consistent treatment,…

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Florida Court Decides Whether Cars Count As Deadly Weapons

Charlotte Criminal Lawyer Brad Smith answers the question: “If I have an outstanding warrant, what should I do?”   When you think of deadly weapons most people imagine the classics: guns and knives. Crimes that include heightened penalties for being committed with deadly weapons thus typically involve defendants who had…

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Certificates of Relief

Charlotte Criminal Lawyer Brad Smith answers the question:”What is an expungement?”   We have previously discussed the important changes that will soon go into effect regarding expungements in North Carolina. The law is set to change and will make it easier for more people to wipe the slate clean, deleting…

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Private Warrants

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”   One of the many new changes going into effect on December 1, 2017, involves North Carolina’s private warrant system. The subject seldom gets much attention, but because of the important consequence it can…

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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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Should Addiction Be Punished As A Crime?

Charlotte DWI Lawyer Brad Smith answers the question: “What should I do if I have been pulled over and I have been drinking ?”   Everyone who reads or watches the news knows about the devastating impact drug addiction has had on the country. Families in every county of every…

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Nebraska Court Says Recent Ruling Regarding Blood Draws Is Not Retroactive

Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?”   It’s been a few years now since the U.S. Supreme Court issued a landmark DUI decision in Birchfield v. North Dakota. That case represented a major development in…

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