Articles Posted in Criminal Defense

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”

In North Carolina, drivers who leave the scene of a car accident can face criminal charges for a hit-and-run. The consequences of a hit-and-run conviction in North Carolina depend on whether the crime is classified as a felony or a misdemeanor.

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”

When someone commits a criminal offense, and the police have a warrant for that person’s arrest, it is critical to act quickly and appropriately. If there is a warrant for your arrest, the last thing you need is to panic, run away, or make bad decisions that would negatively impact the outcome of your criminal case.

Charlotte Criminal Lawyer Brad Smith answers the question: “If I have an outstanding warrant, what should I do?”

Many North Carolinians mistakenly believe that they have a right to self-defense any time they are attacked or provoked by another individual. While self-defense can be justifiable under certain circumstances, “defending” yourself could still be considered assault in North Carolina.

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 modified Stay-at-Home order, residents must stay at home between 10 p.m. and 5 a.m. What if you violate the order?

Charlotte Criminal Lawyer Brad Smith answers the question: “Do I need to hire an attorney if I have been falsely accused?”

North Carolina’s criminal courts use the highest burden of proof for convictions and imprisonment. However, even the highest burden of proof may not protect innocent defendants from racial disparities and biases within the criminal justice system.

Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?”

Mens Rea, which is Latin for “guilty mind,” is a standard in North Carolina’s criminal cases that helps prevent people from being punished when their intentions were innocent. The concept helps differentiate between an individual who intentionally committed a crime and an individual who did not intend to do it.

Charlotte Criminal Lawyer Brad Smith answers the question: “Do I need to hire an attorney if I have been falsely accused?”

Being wrongfully accused of a crime you did not commit is a stressful and life-altering experience. The emotional distress associated with being charged with a crime when you are innocent cannot compare to anything else.

Charlotte Criminal Lawyer Brad Smith answers the question: “My relationship is ending and they are threatening to call the police, how can I help myself?”

Phone harassment is a serious crime in North Carolina. You can be arrested and charged with a crime for making harassing phone calls, which involves any of the following:

Charlotte Criminal Lawyer Brad Smith answers the question: “If I have an outstanding warrant, what should I do?”

The most recent research published on 24/7 Wall St. revealed the most common types of crimes that are being committed in Charlotte and other parts of North Carolina. The study concluded that in 2018, the most recent year for which crime data is available, crime was more common in North Carolina than it was on average across the United States.

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 planning to commit a crime in Charlotte or elsewhere in North Carolina, you can be charged with criminal conspiracy.

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