Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”
Though sticks and stones may break our bones, words are never supposed to hurt us, right? The reality is that words hurt all the time and when they do, they can sometimes cause serious damage. In the legal world, cases involving hurtful words and accusations fall under the umbrella of defamation or libel.
Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”
We’ve discussed before the impact that technology can and will continue to have when it comes to criminal investigations. Just recently, police in Arkansas made use of an Amazon Echo to contradict the story of a suspect whose friend was found dead in his home. Police have far more sources of information and evidence than ever before, something that could have a real impact on future criminal investigations.
https://www.youtube.com/watch?v=wRNgcf2GsDY
When most people think of the criminal justice system, they likely imagine something similar to an episode of Law & Order. Police officers testifying, prosecutors and defense attorneys arguing, judges slamming gavels and jurors listening in rapt attention. According to experts, while this may be the way things happen on television, it is most assuredly not typical in the real world. An overwhelming majority of cases are resolved through plea bargaining, something that few people fully understand despite the important impact it has on our criminal justice system.
Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”
When most people think of hate crimes they imagine criminal acts that occur because one person was motivated by a particular animus against the victim. This animus can be based on a number of things, such as the victim’s race, gender or sexual orientation. If such animosity motivates a crime, it stands to reason that the defendant could be charged with committing a hate crime. However, as a case in West Virginia demonstrates, that might not always be true.
Charlotte Criminal Lawyer Brad Smith answers the question: “Am I allowed to videotape an interaction with police? Can they make me stop filming?”
A recent incident in Wilmington highlighted an area of legal uncertainty. The case involved an Uber-driving criminal defense attorney, a smartphone and an irritated police officer. Though this particular dispute was resolved with a public apology by the Wilmington Police Department, it begs bigger questions about how other similar incidents might be handled in the future, especially if a case were to make its way to court. To learn more about the legal issues surrounding recording police officers in North Carolina, keep reading.
If you’re a regular drinker you might be familiar with your state’s blood alcohol concentration (BAC) limits. This number is quite important after all, as even a few percentage points can make the difference between being deemed a criminal or a responsible social drinker. The BAC limit measures how much alcohol a person has in his or her system at a given time and this number is used as a proxy for the person’s overall level of intoxication. The idea is that the higher the BAC, the more likely it is that the he or she is dangerously impaired and presents a risk to themselves or others on the road.
Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”
When most people think about their last interaction with a police officer it almost always involves a traffic stop. A person was speeding or not wearing a seat belt or ran a red light or was talking on a cellphone and a cop does what cops do and pulls the person over. This traffic stop can serve as a window to other, potentially more serious things. For instance, the cop could use the traffic infraction as an excuse to investigate other, potentially unrelated, crimes. In some especially tragic instances, the traffic stop can prove deadly, with officers engaging in violence.
Charlotte Criminal Lawyer Brad Smith answers the question: “If I have an outstanding warrant, what should I do?”
A big case that gripped the nation several years ago has finally come to a close. The case, against the owner and head pharmacist at the New England Compounding Center, garnered tremendous public attention after a fungal meningitis outbreak back in 2012 resulted in injuries to hundreds and death to 64 people. It turned out that tainted injections from the NECC, a compounding pharmacy located outside of Boston, were responsible. In a surprise to many, prosecutors went after the owner not only for things like racketeering and mail fraud, but also charged him with 25 counts of second-degree murder.
Charlotte Criminal Lawyer Brad Smith answers the question: “If I am charged by campus police could I still face jail time or probation?”
When most people think of paying a “debt to society” the first thing that comes to mind is time behind bars. The phrase is used to evoke some kind of sacrifice, almost always of time and freedom, that is “paid” to atone for some kind of misbehavior. A recent article discusses how the idea of paying a debt to society is being taken literally in many cases, with a seriously detrimental impact on some.
Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”
In a deeply troubling case, federal prosecutors were forced to drop child pornography charges against one man after the FBI investigators refused to reveal the source of the information being used to implicate him. The case is unusual in many ways, one of which is that the FBI was allowed to commit a terrible crime in an attempt to capture other criminals. It now seems like the sacrifice was for nothing, as the man (and many others) may have their charges dropped.
Charlotte Criminal Lawyer Blog
