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…
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North Carolina Inches Closer to Decriminalization of Marijuana
Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?” A North Carolina task force calls for the decriminalization of marijuana in the state. The state’s Task Force for Racial Equity in Criminal Justice has adopted recommendations to decriminalize possession of marijuana in…
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.…
When is it Legal and Illegal to Carry a Concealed Gun in North Carolina?
Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?” While your right to carry firearms is protected under the federal constitution, depending on the circumstances you can still be arrested for carrying a gun in North Carolina. In fact, you…
What are Conspiracy Charges in North Carolina and Why do You Need a Criminal Defense Lawyer?
Charlotte Criminal Lawyer Brad Smith answers the question: “Do I need to hire an attorney if I have been falsely accused?” Conspiracy is defined as an agreement between two or more people to do something unlawful. What penalties can you face for “conspiring” in North Carolina? If you are…
Death by Vehicle in North Carolina: Who can be Convicted of the Crime and What are the Penalties?
Charlotte Criminal Lawyer Brad Smith answers the question: “What happens if I am convicted of a DUI or DWI in Charlotte North Carolina?” In North Carolina, drivers who kill other persons in a drunk driving crash or while committing a traffic violation are charged with death by vehicle, also…
Defenses to Looting and Trespassing During a Protest in North Carolina
Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?” Looting is almost synonymous with protests. This was evident during the recent protests over the killing of a black man in Minneapolis, Minnesota. As reported by Fox News, eight people were charged in…
Can You be Arrested and Charged With a Crime for Protesting in North Carolina?
Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?” Several cities in North Carolina enacted a curfew in response to protests over the killing of George Floyd. In Charlotte, 30 people were arrested during the second night of protests, according to WBTV.…
Were Anti-Abortion Protesters’ Rights Violated When They Were Arrested?
Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?” Arrests of anti-abortion protesters in multiple North Carolina cities, including Charlotte, made national headlines, prompting many high-profile politicians to accuse the police of violating the arrested protesters’ constitutional rights. So, were…
Hit-and-Run Charges in North Carolina: What are the Defenses?
Charlotte DWI Lawyer Brad Smith answers the question: “Can I represent myself on a traffic ticket?” A hit-and-run is a serious offense in North Carolina. Depending on how severe the victim’s injury is, the fleeing driver may be charged with a misdemeanor or felony. The at-fault motorist who fled…