Charlotte Criminal Lawyer Brad Smith answers the question: “Do I need to hire an attorney if I have been falsely accused?”
North Carolina’s criminal courts use the highest burden of proof for convictions and imprisonment. However, even the highest burden of proof may not protect innocent defendants from racial disparities and biases within the criminal justice system.
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North Carolina’s Zero Tolerance Law makes it illegal for people under the age of 21 to drive with any amount of alcohol or drugs in their system. People who are caught driving after consuming alcohol are charged with an underage or provisional DWI (driving while impaired).
Charlotte Criminal Lawyer Brad Smith answers the question: “If I have an outstanding warrant, what should I do?”
RICO stands for the Racketeer Influenced and Corrupt Organizations Act, a federal law created in the 1970s to fight organized crime. Law enforcement agencies devote extensive resources to prosecute and convict individuals who take part in organized crime schemes.
Charlotte DWI Lawyer Brad Smith answers the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?”
If you were pulled over and a police officer believes that you were driving under the influence of alcohol, you may be asked to submit to chemical testing to detect the presence of alcohol in your system.
Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?”
Mens Rea, which is Latin for “guilty mind,” is a standard in North Carolina’s criminal cases that helps prevent people from being punished when their intentions were innocent. The concept helps differentiate between an individual who intentionally committed a crime and an individual who did not intend to do it.
Charlotte Criminal Lawyer Brad Smith answers the question: “Do I need to hire an attorney if I have been falsely accused?”
Being wrongfully accused of a crime you did not commit is a stressful and life-altering experience. The emotional distress associated with being charged with a crime when you are innocent cannot compare to anything else.
Charlotte Criminal Lawyer Brad Smith answers the question: “My relationship is ending and they are threatening to call the police, how can I help myself?”
Phone harassment is a serious crime in North Carolina. You can be arrested and charged with a crime for making harassing phone calls, which involves any of the following:
Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”
While your right to carry firearms is protected under the federal constitution, depending on the circumstances you can still be arrested for carrying a gun in North Carolina. In fact, you can be arrested for having a gun without a permit during a traffic stop in North Carolina. This recently happened to a North Carolina woman traveling through New York. According to the Buffalo News, a woman was arrested for having a gun without a permit. Police officers arrested the woman during a traffic stop in Lackawanna. The 21-year-old was a passenger in a vehicle that was stopped by police for a traffic violation. She was charged with fourth-degree criminal possession of a weapon.
Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”
If you are familiar with your constitutional rights in the U.S., you probably know that the Fourth Amendment protects you from unreasonable searches and seizures. In other words, police officers must have a warrant to search your home, person, and belongings.
Charlotte DWI Lawyer Brad Smith answers the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?”
You probably know that driving under the influence of alcohol can get you in trouble with the law, but in North Carolina, you can also face criminal charges if you are a passenger in a vehicle operated by an intoxicated driver.
Charlotte Criminal Lawyer Blog