Articles Posted in Criminal Defense

Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”

After a plot straight from the popular sitcom Seinfeld went awry, a Michigan man is facing five (5) years in prison for a felony count of beverage return of non-refundable bottles.

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?”

NASA just reported that May 2016 was the hottest month our planet has ever had—and North Carolina’s sweltering temperatures have been no exception. Given that summer is now here it seems as good a time as any to remind people of the dangers of leaving small children and pets in hot vehicles.

Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”

For pop culture junkies the Taylor Swift/Kanye West feud dates back a long way, to 2009, to be precise. It was then that Kanye stormed the MTV VMA stage, interrupting Swift’s acceptance speech. The episode garnered tremendous media attention, an outpouring of support for Taylor and scorn for Kanye. The two stars have had several run-ins since, with Swift penning a few thinly-veiled songs about Kanye and Kanye continuing to court controversy.

Charlotte Criminal Lawyer Brad Smith answers the question: “What should parents tell their children to do when interacting with police officers?”

The Supreme Court this week issued a ruling that many experts believe cleared the way for criminal action against the international soccer organization FIFA. In its ruling, the Supreme Court said that the government is able, in certain cases, to bring charges involving international criminality in the U.S. judicial system using the RICO Act. The Court wrote that RICO is one of the rare and powerful statutes that allow for this kind of extraterritorial jurisdiction. To learn more about the RICO Act and how it is used to prosecute crimes, keep reading.

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?”

Everyone knows that you shouldn’t litter. When most people think of litterbugs, they think of those who throw fast food bags out their windows while driving down the road. Most of these cases are punishable with small fines, but there are some instances where serious littering can result in serious punishment.

Charlotte Criminal Lawyer Brad Smith answers the question:”A past conviction is keeping me from finding work. What can I do?”

In a truly grim case out of Goldsboro, North Carolina, police say they are actively searching for a woman whose mother was found dead in a freezer. Police say that they have been able to identify the woman, who was 75 years old, and are now looking for the daughter she lived with prior to her untimely death.

Charlotte Criminal Lawyer Brad Smith answers the question: “Am I allowed to videotape an interaction with police? Can they make me stop filming?”

Hate crime legislation is designed to protect those who are victims of discrimination or violence perpetrated by others. The laws are written to provide this protection to groups based on ethnic, religious and, in some cases, gender or sexual orientation grounds. This means that should a person be attacked specifically because of his or her religion or national origin, the law would treat that attack differently than if religion or national origin had not been a factor, usually by increasing penalties.

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

“You have the right to remain silent…”, a phrase that almost all of us know, but few truly understand. The words are part of what has become known as a Miranda Warning or Miranda Rights. The Miranda Warning started 50 years ago in June and, in that time, has become deeply imbedded not only in criminal law, but in popular culture. Given the upcoming anniversary, now is a good time to spend a moment diving a bit deeper and learn what the Miranda Rights are and how they came to be.

Charlotte Criminal Lawyer Brad Smith answers the question: “When can I post on Social media about my ongoing case?”

A hot topic the past week or so has concerned a bill signed into law more than two decades ago. The 1994 Crime Bill has become important of late given the increasingly combative Democratic presidential primary, with Senator Bernie Sanders and his supporters citing the 1994 bill as an example of wrongheaded legislation embraced by Secretary Hillary Clinton, then First Lady. Senator Clinton has since had to distance herself from the 1994 bill and has begun to criticize certain aspects of the legislation, a dramatic turn of events given her and former President Bill Clinton’s once warm embrace of the anti-crime legislation.

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

A young man from Michigan is being accused of supporting the Islamic State by federal prosecutors after becoming involved in a so-called “honeypot trap.”

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