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Articles Posted in North Carolina

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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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What Crimes Are Eligible Under New North Carolina Expungement Law?

Charlotte Criminal Lawyer Brad Smith answers the question:”What is an expungement?”   We have previously discussed a new law that takes effect in North Carolina on December 1, 2017. The measure deals with expungements and aims to streamline the process, making everything easier and faster for those looking to clean…

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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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Is failing to cremate a crime?

Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”   It can be hard to imagine anything worse than having a loved one pass away. The death of a child, a parent or a spouse can be crippling. It is not…

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Does Flipping A Bird Count As Free Speech?

Board Certified Family Law Specialist Matt Arnold answers the question: “How is social media evidence used in divorce proceedings?”   When we think of arguments involving the First Amendment and free speech, we often conjure up images of brave people taking stands on important topics. There are a number of…

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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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Illinois Legislature Approves Changes To Civil Forfeiture Law

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I clean up my social media profile after being charged?”   We have discussed civil asset forfeiture cases previously, noting each time how these important matters tend to happen under the radar. Few people understand that the police have the power…

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Should crime pay?

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”   Bank robbery is very good demonstration of the maxim that crime very rarely pays off. Studies have shown that you might be able to make off with a few…

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Police in Atlanta say overdose allows man to avoid DUI charge

Charlotte DWI Lawyer Brad Smith answers the question: “Is there more than one way for police to charge a person with DWI?”   Typically, when you imagine a person using drugs or alcohol while driving you would expect that to lead rather quickly to a drunk driving charge. Though this…

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What is obstruction of justice?

Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”   After former FBI director James Comey’s recent testimony before Congress, the media has been awash in conversation about obstruction of justice. The question on many minds is whether Comey’s testimony made…

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