James Bradley Smith’s Answers

James Bradley Smith

Charlotte Criminal Defense Attorney.

Contributor Level 7
  1. My DUI trail is pending , I have to go back to my home country and will comeback after 6 month .

    Answered 5 months ago.

    1. James Bradley Smith
    2. James Kevan Minick
    3. Timothy J. Vanderweert
    4. Ethan Patrick Meaney
    4 lawyer answers

    In North Carolina control of the docket or court calendar is given to the District Attorney. Your attorney will need to explain to the District Attorney your travel plans and request that the case be moved to a court date when you return to the United States. Your ability to re-enter the United States will not be effected by this pending charge. Of course other immigration issues could potentially impact your ability to re-enter the United States. Your attorney should be able to answer all...

    12 lawyers agreed with this answer

  2. DUI with possible bodily injury.

    Answered 6 months ago.

    1. Ernest Clarke Dummit
    2. Daniel Nelson Deasy
    3. James Kevan Minick
    4. James Bradley Smith
    4 lawyer answers

    Don't second guess your attorney. Talk with the lawyer you have hired about what constitutes a grossly aggravating factor. He or she will be able to answer that question for you. Good luck! J. Bradley Smith Managing Member Arnold & Smith, PLLC jbs@arnoldsmithlaw.com<mailto:jbs@arnoldsmithlaw.com> Please excuse the brevity of this message and any typographical or grammatical errors, as it was sent via smart phone.

    6 lawyers agreed with this answer

  3. Is the evidence they took from her vehicle valid under the circumstances

    Answered 5 months ago.

    1. Christopher James Welch
    2. James Bradley Smith
    3. Anna Morrison Goodwin
    3 lawyer answers

    When officer conducts any type of non-consensual seizure of a person, he or she must comply with the Fourth Amendment to the United States Constitution which prohibits unreasonable searches and seizures. The North Carolina Supreme Court has held that an officer conducting a traffic stop on a vehicle must have reasonable articulable suspicion that some type of criminal activity is afoot. In other words, the officer must observe driving that viewed objectively, would suggest there is a...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Rising BAL defense in Union County NC

    Answered 6 months ago.

    1. James Kevan Minick
    2. Ernest Clarke Dummit
    3. Matthew Vernon Silva
    4. James Bradley Smith
    5. David Landon White
    5 lawyer answers

    You should definitely consult with an attorney about your case. An attorney experienced in handling Driving While Impaired cases will be able to advise you of potential defenses you may have with respect to your case. J. Bradley Smith Managing Member Arnold & Smith, PLLC jbs@arnoldsmithlaw.com<mailto:jbs@arnoldsmithlaw.com> Please excuse the brevity of this message and any typographical or grammatical errors, as it was sent via smart phone.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. How can a defense attorney argue this?

    Answered 7 months ago.

    1. Carl Adam Barrington III
    2. Benjamin Harris Van Steinburgh
    3. James Bradley Smith
    4. Sarah Jessica Farber
    5. Neil W Harris
    6. ···
    6 lawyer answers

    I would recommend that you talk with an attorney directly about this situation rather than posting this sort of question on a public website.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Must you be read your Miranda Rights by officers prior to any interrogation while they have you detained?

    Answered 7 months ago.

    1. Sarah Jessica Farber
    2. Christopher Daniel Leroi
    3. Peter John Marek
    4. James Bradley Smith
    5. Christopher A. Connelly
    6. ···
    6 lawyer answers

    If you are subjected to a custodial interrogation, meaning you are questioned about a crime after an arrest, you must be read your rights under the Miranda decision.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Are DWI charges more or less likely to get dropped if they are issued at a checkpoint?

    Answered about 1 month ago.

    1. F. "Bill" William Powers
    2. Adam M. Seifer
    3. Daniel Allen Meier
    4. James Bradley Smith
    5. John Owen Moeller
    6. ···
    6 lawyer answers

    Whenever an individual is stopped at an impaired driving checkpoint or any type of vehicular checkpoint, there several constitutional hurdles that the state must first overcome to avoid having the case dismissed. First, the state must show the court the primary programmatic purpose of the checkpoint. According to the United States Supreme Court impaired driving checkpoints are a permissible reason for the government to conduct a checkpoint. If your attorney challenges the constitutionality of...

    4 lawyers agreed with this answer

  8. The D.A. reduced my ticket down to 9mph over the speed limit. Will my insurance go up?

    Answered 5 months ago.

    1. Christopher James Welch
    2. James Bradley Smith
    3. Arthur James Park
    4. Christian K. Lassen II
    4 lawyer answers

    If the district attorney has already reduced your ticket your case is over. You must now pay the fine and costs of court or your license will be suspended. Make sure you pay the fine and costs of court immediately to avoid suspension. J. Bradley Smith Managing Member Arnold & Smith, PLLC jbs@arnoldsmithlaw.com<mailto:jbs@arnoldsmithlaw.com> Please excuse the brevity of this message and any typographical or grammatical errors, as it was sent via smart phone.

    4 lawyers agreed with this answer

  9. Help please!

    Answered 7 months ago.

    1. James Bradley Smith
    2. Charles L. Morgan Jr.
    3. Raymond George Wigell
    4. James Regan
    4 lawyer answers

    The presumption in North Carolina is a bond should be unsecured unless a judge makes findings that a person charged with a criminal offense is a risk of flight or a danger to himself or others. A judge can also set a bond if evidence presented suggests that a person charged with a criminal offense will destroy evidence if released. It sounds like CMPD or the Sheriff's office put your boyfriend back in jail because they are alleging that he violated one of the terms of his pre-trial release...

    4 lawyers agreed with this answer

  10. DUI

    Answered 8 months ago.

    1. James Kevan Minick
    2. Ernest Clarke Dummit
    3. James Bradley Smith
    4. Derek Anthony Patrin
    5. Ethan Patrick Meaney
    5 lawyer answers

    In 2000 the North Carolina Court of Appeals in State v. Bonds 139 N.C. App. 627 ruled that an officer had reasonable suspicion for a stop when the defendant was driving 10 miles per hour under the speed limit, weaving, looking forward with a blank stare on his face and his window was completely down in 28 degree weather. It appears that your facts are different from that case. In 2012 in State v. Canty the North Carolina Court of Appeals ruled that driving 59 mph in a 70 mph zone,...

    4 lawyers agreed with this answer

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