Charlotte Criminal Lawyer BlogCharlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”
Articles Tagged with Criminal Charges
Warrants for Digital Devices in North Carolina
Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”
As technology advances, so must the law. The problem is that sometimes the law is slow to catch up to technological advances, and it can take even longer for the law to cover each little nuance that might arise. Digital devices, like cell phones and other electronics, are by no means a new development in technology, but there are advances made every day, and these devices become more and more integral to committing crimes. One problem that often arises is issuing a search warrant for an electronic device and the digital contents contained on the device. Courts are left to make a decision on what the requirements are for issuing a search warrant for a digital device and when they are appropriate.
Do Police Need a Warrant to Conduct a Drone Search?
Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”
As technology advances, so do law enforcement’s methods of obtaining evidence and solving crimes. Law enforcement officers today are able to conduct searches using drones, which can fly over land and collect video footage and photos. The police often use drones to find missing or stolen property. Recently, a lawsuit arose after police officers flew a drone over private property to find stolen construction equipment.
The Legality of Doorbell Cameras in North Carolina
Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”
No one wants their home to fall victim to a thief or someone participating in other criminal behavior. You have probably seen videos circulating online of people stealing deliveries off of other people’s front porches. This is exactly the type of crime that homeowners seek to prevent. One way to do so is through the use of doorbell cameras. Amazon’s Ring, Google’s Nest Hello, and a myriad of other camera systems are popular choices for homeowners looking to record suspicious front-door activity.
The Criminal Court Process in North Carolina
Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”
The criminal court process can be difficult to understand. If you have never been charged with a crime, or even if you have, it can be difficult to determine what the next step should be. However, if you are facing a criminal charge in North Carolina, it is important to know what to expect and the steps that will occur throughout the case. There are two types of criminal charges in North Carolina — misdemeanor and felony charges. Each charge has a different process through the North Carolina criminal court system.
Self-Defense, Intent, and Duty to Retreat in North Carolina
Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”
Being in a situation fearing for your life and/or safety is not a place many people want to be. Anyone who has been in that situation will tell you about the fear and stress that is caused. Everyone reacts to an emergency situation differently, but one of the most common responses is to defend yourself. In the event that criminal charges are brought against someone who was protecting him or herself from a dangerous situation, one would think using the defense of self defense in court would be a given. However, self-defense includes many other issues and each case must be looked at independently.
Double Jeopardy in North Carolina
Charlotte Criminal Lawyer Brad Smith answers the question: “I was found not guilty of a charge, buy my record still shows the charge. What is going on?”
Imagine being charged with a crime, going through the entire trial process, being found not guilty, and still being worried about the prosecution bringing the charges against you again. Fortunately, the United States court system is set up in a way that a defendant can not be charged twice for the same crime. This is called double jeopardy. You may have heard this term before, but let us take a deeper dive into understanding the concept and what it actually means for North Carolina residents.
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 scenes, but most people do not know what that means in real life. For most, a speedy trial means that criminal charges and prosecution must be done as quick as possible. Determining what the court finds to be “quick,” however, varies on many different factors.
North Carolina Court Rules Further on Drug ID
Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”
Criminal charges and the subsequent trial that follow can raise legal questions for North Carolina courts. There are always new issues that arise and new considerations to be taken into account. Recently, the North Carolina Court of Appeals has further expanded upon drug identification in criminal cases. The appeals court has ruled on drug identification at different points throughout the year, but this new ruling adds in an extra wrinkle to identifying drugs.
Should I Take a Plea Bargain?
Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?”
Being charged with a crime can be overwhelming. Suddenly, you are thrust into the court system and worried that you will be found guilty and face serious penalties for an action you may or may not have taken. Your criminal defense attorneys has the goal of achieving the best possible results for you under the circumstances. Most people assume that the only possible outcome for their case is the judge or jury finding them guilty or not guilty. While these are certainly two possible outcomes in criminal court, there are others. Criminal defendants in North Carolina are sometimes offered a plea bargain.