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.
Charlotte Criminal Lawyer Brad Smith answers the question: “Should I ever plead guilty to a charge?”
U.S. Department of Justice warned that those who intentionally spread coronavirus (COVID-19) would be charged with terrorism. A CNN report cited a DOJ memorandum that warned individuals against purposefully spreading COVID-19. A person could be charged with terrorism for coughing on other people or groceries or for other forms of the “purposeful exposure and infection of others,” the memo, which was sent to federal law enforcement agencies and attorneys.
Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”
An arrest for robbery entails serious felony charges in North Carolina. Those arrested for robbery risk losing their freedom and getting a criminal record with permanent negative consequences for their career, reputation, and quality of life.
Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”
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.
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.
Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?”
If you watch a television drama that follows the story of a crime and its prosecution, it seems like a quick process. A crime is committed, suspects are identified, a suspect is charged, the court hears the case, and an outcome is decided. Reality is not like television. Sometimes it takes days, months, or even years to determine who committed a crime. Is there a time limit for bringing about a charge on a suspect? Or can charges be brought anytime after the crime was committed and a suspect was found? The answer to those questions vary from state to state, but in North Carolina it depends on whether the crime was a misdemeanor or a felony.
In the days since Michael Flynn resigned as President Trump’s national security adviser, there have been a lot of questions and not many answers. Many still wonder exactly what transpired between Flynn and the Russian ambassador he now admits to having had contact with. Though we still don’t know the details of many of those conversations, we can discuss potential criminal aspects of Flynn’s resignation, of which there are several.
First, let’s talk about Flynn. Did he break any laws that could result in criminal action? There are two issues at play here: 1) the Logan Act and 2) potential false statements. First, the Logan Act is a piece of legislation that makes it a crime for a private citizen to communicate with a foreign government without proper authority in an attempt to influence the actions of the foreign government. The law is an oldie, but a goodie, having been signed back in 1799 by then President John Adams. The law resulted from actions by a state legislator who went behind the president’s back to try and negotiate a settlement to an undeclared war with France.
Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”
A recent article in Bloomberg discusses the danger that comes when prosecutors become persecutors. Though everyone agrees it is important to obey the law, some prosecutors take the power to enforce our many laws and run wild with it. Interpreting often vague legislation broadly can give the government sweeping power to target nearly anyone it disagrees with. It’s for this reason that prosecutors are called to exercise restraint and use their extensive power only when absolutely necessary.
Charlotte Criminal Lawyer Blog