Charlotte Criminal Lawyer Blog

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Charlotte Criminal Lawyer Blog

DWI Sentencing Factors in North Carolina

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Charlotte Criminal Lawyer Brad Smith answers the question: “What happens if I am convicted of a DUI or DWI in Charlotte North Carolina?”

DWI, driving while impaired, is a serious charge. When a driver is stopped for DWI, they can expect to perform some roadside field sobriety tests and breathe into a breathalyzer device. If police officers believe that you are demonstrating signs of impairment, you will likely be arrested for DWI. If you are charged with DWI you will be facing a wide range of penalties if you are convicted. A knowledgeable DWI attorney will help protect your rights and will craft a defense to charges through the legal process.

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Posted in: DUI/DWITagged: aggravating factors, Attorney, blood test, Breath test, Charlotte, Cornelius, criminal record, Davidson, DWI, DWI CHarges, DWI conviction sentence, DWI sentencing, Field sobriety test, Huntersville, implied consent laws, Iredell County, Lake Norman, Law firm, Lawyer, legal drinking limit, mitigating factors, Monroe, Mooresville, North Carolina, Statesville, Union County, urine test and WaxhawPublished on: Updated:

Defending Larceny Charges in North Carolina

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Charlotte Criminal Lawyer Brad Smith answers the question:”A past conviction is keeping me from finding work. What can I do?”

Larceny means the unlawful taking of someone else’s property with the intent to keep it from the owner permanently. Larceny by definition does not include the use of force. If force is used in the taking of property, the act becomes a more serious offense, such as robbery. Another word that you can often use interchangeably with larceny is theft. Theft can occur whether the property owner is present or not, as long as force is not used.  Larceny may be a misdemeanor or felony based on some factors such as the dollar amount of the property taken.

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Posted in: TheftTagged: Attorney, Charlotte, Civil penalties, Cornelius, criminal penalties, Davidson, felony larceny, Huntersville, Iredell County, Lake Norman, larceny charges, Law firm, Lawyer, Mecklenburg, merchandise concealment, misdemeanor larceny, Monroe, Mooresville, North Carolina, robbery, Statesville, stealing gas, stolen goods, Theft, theft of vehicle parts, types of larceny, Union County and WaxhawPublished on: Updated:

Driving on a Suspended License

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Charlotte DWI Lawyer Brad Smith answers the question: “Can I represent myself on a traffic ticket?”

North Carolina, like other states, requires all drivers to have a valid driver’s license. To obtain a driver’s license for the first time, drivers must pass written and road tests. The North Carolina Department of Motor Vehicles (NCDMV) provides you with a license to drive as a privilege. Therefore, there are some circumstances in which the state may suspend or revoke your driving privileges. If you have a suspended or revoked license it means that you did something to cause the situation. An experienced North Carolina attorney will help you resolve the problem so you can legally drive once again.

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Posted in: Traffic ViolationsTagged: Attorney, Charlotte, Cornelius, Davidson, driving infractions, driving privilege, DWI, failure to pay child support, hardship license, Huntersville, Iredell County, Lake Norman, Law firm, Lawyer, Moooresville, NCDMV, North Carolina, point system, reinstate driving privileges, Statesville, suspended license, suspended vs. revoked license, Union County, valid driver's license and WaxhawPublished on: Updated:

What are the Most Common Juvenile Crimes?

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Charlotte Criminal Lawyer Brad Smith answers the question: “As a parent, what should I be aware of when speaking to police about charges my child faces?”

https://youtu.be/PJbBSmvamxI?t=1

As a parent, you work hard to protect your children throughout their lives. Unfortunately, there may come a time when your child makes a mistake, an error in judgment, or is simply in the wrong place at the wrong time. When a child under the age of 18 is charged with a crime, they are often considered a juvenile. Juvenile crimes are similar to adult crimes, but because they are committed by a minor, the consequences and penalties are different. In some cases, a juvenile might be charged as an adult, particularly when charged with a serious crime.Continue reading
Posted in: Criminal DefenseTagged: adjudication, adult court, Attorney, Charlotte, Charlotte Criminal Defense Attorney, Cornelius, court-ordered supervision, Criminal cases, Davidson, delinquency of a minor, disposition, drug possession, DWI, guilty, Huntersville, Iredell County, Jury, Juvenile, Juvenile Court, juvenile crimes, juvenile detention, Lake Norman, legal guidance, low-level offenses, Mecklenburg, misdemeanors, Mooresville, North Carolina, probation, representation, Statesville, Theft, trespassing, underage drinking, undisciplined behavior, Union County, vandalism and zero tolerance policyPublished on: Updated:

What Happens if the Police Do Not Read Me My Rights During an Arrest?

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Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”

Getting detained and arrested by the police can be a traumatic experience. The situation often happens rather quickly and only later do you begin to think about how the incident unfolded. While most people understand that they have constitutional rights, they often forget about them completely when they are under the stress of being detained or questioned by law enforcement. When you watch television crime shows you may notice that when someone is arrested without their rights having been read, the judge might throw the entire case out. Although this happens on fictional programs, it is not what usually occurs in real life.

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Posted in: Criminal Defense and UncategorizedTagged: access to an attorney, appointed attorney, arrested, Attorney, body cameras, Charlotte, Civil penalties, constitutional rights, Cornelius, court, Criminal Charges, custody, Davidson, detained, drug charges, DWI, Huntersville, Iredell County, Lake Norman, Law firm, Mecklenburg, Miranda Warning, Monroe, Mooresville, police questioning, right to remain silent, Statesville, traffic offense, traumatic experience, Union County, Waxhaw and weapons offensesPublished on: Updated:

Can the Police Search My Car?

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Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?”

You are driving along and suddenly you see flashing red lights and hear a siren behind you. You are being pulled over by the police. Even if you are not doing anything wrong, you are likely to feel panicky and scared. When law enforcement pulls you over they will come to your window and ask for your name, your driver’s license, vehicle registration, and proof of insurance. The officer will return to the police car to check your license and will come back to your car to talk to you about the incident. In some cases, the police want to search your vehicle, but should you allow them to do so? Though you may not have anything to hide, you may not feel comfortable with the police checking the inside of your car.

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Posted in: Traffic ViolationsTagged: arrest procedure, Attorney, Charlotte, Charlotte Criminal Defense Attorney, Cornelius, Davidson, drivers license, drug charges, drug dogs, DWI, Fourth Amendment, gun permit denials, Huntersville, illegal search, illegal search of vehicle, Iredell County, Mecklenburg, Monroe, Mooresville, North Carolina, police search, property crimes, sniffer dog, Union County, unreasonable searches, vehicle registration, Waxhaw and weapon offensesPublished on: Updated:

What’s The Difference Between a Misdemeanor DWI And a Felony DWI?

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Charlotte DWI Lawyer Brad Smith answers the question: “What steps should I be taking outside legal guidance to help my DWI case?”

Driving while impaired, DWI, is also known as drunk driving. Driving while impaired simply means operating a motor vehicle while you have a diminished or loss of capacity. Impairment is most often due to alcohol intoxication, but it may also include impairment due to illegal drugs or prescription medications. DWI is a serious offense and if found guilty, you could face numerous penalties that may harm you and your family for many years to come. If you were charged with DWI you will want to fight the charges with help from a qualified DWI attorney in North Carolina.

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Posted in: DUI/DWITagged: alcohol intoxication, arrested, BAC, blood alcohol concentration, breath alcohol tests, chemical breath test, commercial drivers, Cornelius, Davidson, Driving under the influence, Driving While Impaired, Drunk Driving, DUI, DWI, Felony, felony DWI, habitual offenders, Huntersville, impaired, implied consent law, Injury, Iredell County, Jail, Lake Norman, legal limit, level of intoxication, Mecklenburg, Mint Hill, misdemeanor, misdemeanor DWI, Monroe, Mooresville, NC, North Carolina, Property Damage, repeat offenses, revoked license, Statesville, suspension of driving, Union County, Waxhaw and zero tolerance lawPublished on: Updated:

Can I Get My Vehicle Back After Seizure?

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Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”

Your vehicle is one of the most important necessities of life. You may need a vehicle to get to school or work, to drive family to appointments, to run errands, and more. Life is certainly more difficult and complicated when you do not have a car. Although you may have worked hard to get your car, it can be taken away by the police in a vehicle seizure. When that happens, you need to act quickly in order to try to get your vehicle back. An experienced North Carolina criminal defense attorney can assist you in the process of how you may be able to get your car returned after a vehicle seizure.

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Posted in: Traffic ViolationsTagged: asset forfeiture, Attorney, Charlotte, Cornelius, Davidson, DWI, Felony, felony speeding, fines, forfeiture hearing, Huntersville, illegal search of vehicle, impaired driving offense, Iredell County, Mecklenburg, Monroe, Mooresville, North Carolina, revoked license, Speeding violations, Statesville, traffic offense, Union County, vehicle, vehicle forfeiture, vehicle seizure and WaxhawPublished on: Updated:

North Carolina Gun Charges

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Charlotte Criminal Lawyer Brad Smith answers the question: “What is the difference between a misdemeanor and a felony?”

The U.S. Constitution and amendments provide citizens with the right to bear arms. Although you generally have the right to own a gun, there are many federal and state laws that govern gun ownership. You must abide by these laws or you could face charges or have your gun taken away. A person could face gun charges alone or associated with another crime. For instance, someone might be charged with using a weapon while committing a crime. Gun charges may be misdemeanors or felonies, depending on the specific circumstances. If you are charged with a gun crime it is advisable to seek legal guidance from a criminal defense attorney.

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Posted in: Guns/FirearmsTagged: Charlotte, concealed weapon, Conviction, Cornelius, Davidson, face charges, felonies, gun charge penalties, gun charges, gun on school property, gun ownership, Huntersville, Iredell County, Mecklenburg, misdemeanors, Monroe, Mooresville, own a gun, possess ammunition, possession of a gun, right to bear arms, Statesville, Union County and WaxhawPublished on: Updated:

What is Insider Trading?

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Charlotte Criminal Lawyer Brad Smith answers the question: “Do I need to hire an attorney if I have been falsely accused?”

A recent report indicated that Congressman Madison Cawthorn may have broken the law by participating in an alleged insider trading scheme involving cryptocurrency. Lawmakers called on Congress to investigate Rep. Cawthorn’s activities.

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Posted in: White Collar CrimeTagged: Attorney, breach of fiduciary duty, Charlotte, Civil penalties, confidential information, Cornelius, Criminal Charges, cryptocurrency, Davidson, Huntersville, Insider trading, insider trading tipping, Iredell County, Lake Norman, Law firm, Lawyer, Madison Cawthorn, Mecklenburg, Monroe, Mooresville, nonpublic information, North Carolina, Statesville, Union County and WaxhawPublished on: Updated:
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