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Articles Posted in sixth amendment

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Five Reasons to Choose a Private Criminal Defense Attorney Over a Public Defender

Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?”   Under the Sixth Amendment to the U.S. Constitution, you have a right to be represented by an attorney provided and paid by the state. While you can use…

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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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Jury Secrecy Might Not Be Guaranteed After all

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”   Lots of juicy television police procedurals spend time showing what goes on during jury deliberations. The deliberations often make for good television because of the interest people have in what goes on behind…

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“You Have the Right to an Attorney”—Unless Prosecutors Insist You’re Unconscious?

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?”   The man suspected of planting the bombs on the Jersey Shore and in Manhattan last month is being represented by attorneys for the American Civil Liberties Union (ACLU) after being denied access to a federal…

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Does a Juror Have the Right to Acquit No Matter the Evidence?

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Do I need to hire an attorney if I have been falsely accused?”   Juries play an incredibly important role in our criminal justice system in determining the guilt or innocence of the accused. The topic of jury nullification…

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Recent “Ineffective Assistance of Counsel” Ruling Provides Defense-Friendly Look at Confession Suppression

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I ever plead guilty to a charge?”   An exciting new ruling came out of the federal Fourth Circuit Court of Appeals this February. This is the federal court that has jurisdiction over North Carolina, and it held…

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How Serious Is The Sixth Amendment?

Charlotte DWI Lawyer Brad Smith answers : I was found not guilty of a charge, but my record still shows the charge   Today marks the start of the Supreme Court’s new term. Last year was a remarkable year, with important decisions touching on issues such as healthcare, gay marriage…

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Citizens need to become educated about the right to trial by jury before November election

J. Bradley Smith of Arnold & Smith, PLLC answers the question “What is the difference between a misdemeanor and a felony?”   It is no exaggeration to posit that millions of men and women have fought and died for the freedoms we enjoy as citizens of the United States of…

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