Can I Face Criminal Charges After a Traffic Accident?
Accidents happen very regularly, and most people get into a fender-bender situation at some point in their lives. While, typically, vehicle accidents are civil matters that parties work out between their insurance companies, there are some circumstances that may result in criminal charges. An experienced criminal defense attorney will help you resolve issues that end up in court.
Leaving the Scene of an Accident
Defending Manslaughter Charges
Manslaughter is the killing of another person without forethought or malice. It differs from the charge of murder in that murder is the killing of another person with intent. There are several types of manslaughter charges that might apply. Although manslaughter is generally a felony, the penalties are usually less severe than the penalties for a murder conviction. If you have been charged with manslaughter, you will want to vigorously defend the charges to seek an acquittal or the lowest sentence possible. A knowledgeable criminal defense attorney will guide you through the legal process.
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What is My Right to a Speedy Trial?
You have probably heard that defendants have the right to a speedy trial, but you may be unsure what it means. The Sixth Amendment of the United States Constitution guarantees all citizens the right to a speedy trial. This means that a person who is charged with a federal crime must go to trial no later than 70 days after indictment. The law ensures that you are treated fairly and are not held too long before you get a trial.
How Do I Invoke My Right to a Speedy Trial?
American citizens are afforded many rights. The United States Constitution Bill of Rights provides us with some fundamental rights. We have the right to bear arms, we have the right to free speech, and many others. Part of our unique judicial system is the right to a fair trial. When you are charged with a crime, you are presumed innocent unless and until you are found guilty in a court of law. If you have been arrested for a crime, you need to understand your rights, including the request for a trial, to determine the outcome of your case. An experienced criminal defense attorney will help guide your case, protect your rights, and assist you in defending the charges.
Charlotte Criminal Lawyer Brad Smith answers the question: “If I have an outstanding warrant, what should I do?”
Manslaughter charges occur when someone dies due to the negligence of someone else. If you are charged with manslaughter you are facing severe consequences if you are found guilty. Manslaughter is different from murder because of the state of mind of the defendant at the time of commission of the crime. Murder shows intent, malice, or aforethought or extreme disregard for human life. When a person is killed without specific intent to murder, the likely charge will be manslaughter. Because manslaughter charges are considered serious, you will want to fight the case with help from an experienced criminal defense attorney in North Carolina.
Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?”
When you have been charged with a crime you may feel scared and unsure of what to expect. Your charges could result in severe punishments if you are convicted. You may wonder whether you will be able to take a plea deal or whether they will even offer one. A plea deal, also called a plea bargain, is a common option for those facing a wide range of criminal charges. According to the U.S. Department of Justice, up to 95% of all state and federal criminal cases conclude with a plea bargain rather than a trial.
Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”
Imagine a scenario in which two individuals in North Carolina commit the same exact felony crime. Should their charges and sentencing be equal? While many people may instinctively answer “Yes,” the reality (as any experienced criminal defense attorney may be quick to point out) is much more complicated.
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.
Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”
Criminal cases are seldom very exciting. Though TV and movies would have you believe differently, the reality is that court rules and procedures restrict what participants are able to do spur of the moment and instead try and make the process more predictable. It is quite rare for a prosecutor or defense attorney, even more so, a judge, to make a decision or take an action seemingly out of the blue.
Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”
After former FBI director James Comey’s recent testimony before Congress, the media has been awash in conversation about obstruction of justice. The question on many minds is whether Comey’s testimony made a sufficiently compelling case for obstruction of justice charges, something that could land President Trump in serious legal hot water. But what is obstruction of justice and what might happen in this case even if it is found to have occurred? To find out, keep reading.
Charlotte Criminal Lawyer Blog