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Posts tagged "Criminal Defense"

Understanding Batson challenges

When facing criminal charges in Wilmington, the last thing that you want to have to contend with is the potential for prejudice amongst those hearing your case. Both those prosecuting you and defending you want to pick a jury that they feel will most likely side with their argument. During the jury selection process, both sides are also allowed a number of peremptory challenges to keep certain people out of the jury box. We here at The Law Office of L. Bryan Smith, PC understand how the misuse of these challenges can impact the outcome of your proceedings, and how your ability to prove such misuse could be vital during the appeal process. 

Tripped security alarm leads to homeowner's arrest

People in Wilmington count on the protection that local law enforcement authorities provide. Yet while there may be times when the exercise of their duties calls for them to use extraordinary action, officials are expected to use good judgment when doing so. Doing so might be difficult when forced into a momentary decision, yet law enforcement officials are required to balance their duty to uphold the law with respecting the rights of those amongst whom they work. Part of respecting those rights includes listening to people's claims and avoiding rash actions made before the facts of a situation and adequately be assessed. 

How should I talk to employers about my criminal record?

A criminal past doesn't make you a bad person. It also shouldn't prevent you from securing gainful employment, but unfortunately, many hiring managers are reluctant to hire people with prior convictions. You can paint the issue in a more favorable light when applying for jobs by taking the right approach. In this case, U.S. News & World Report offers the following advice. 

Expungement requirements in North Carolina

Many talk about the importance of you being able to move on with your life in Wilmington following a criminal conviction. Actually doing so can be difficult due to the mere fact that you have such an offense associated with your name. Many in your same situation have come to us here at The Law Office of L. Bryan Smith, P.C. asking if there is some form of relief that can help them find post-conviction success. Like them, you will be happy to there that there is: expungement. 

Examining North Carolina's self-defense law

Like most in Wilmington, you likely believe yourself capable of resolving any situation you are faced with in a calm, collected manner. While that may indeed be true in most cases, there may also be times where you fell compelled to act (forcefully even) to avoid danger to yourself and others. You have probably heard people describe situations where they claim to have encountered just such a situation and been skeptical of their claims, yet your disbelief will likely disappear when faced with a similar scenario. The question then becomes the same that many have asked us here at The Law Office of L. Brian Smith, P.C.: were you justified in your actions? 

Wilmington mother accused of trying to shoot daughter

There's an old saying that details that line between love and hate can be razor thin. This may be due to the fact that people invest a lot of time and emotion into loving someone. When that amount of emotion is involved in a relationship, it may not take much to quickly turn it from being positive to negative. This is likely the reason why family disputes are so often fraught with tension. The pressure and stress that can come with such tension may often cause people to act in ways that they otherwise would not. 

What is the law regarding writing a bad check?

Making an occasional mistake with your checking account is something everyone has done at one point or another in North Carolina. This is usually something you handle on your own with no major issues except perhaps some fees from your bank. This situation becomes a problem, according to the North Carolina General Assembly, when you knowingly write a bad check.

Defending against a DWI charge

Driving while intoxicated is against the law in all 50 states. In North Carolina, if your blood alcohol content is .08% or higher, your judgment is considered impaired, and you may lose your license, receive a fine or get jail time if arrested. At The Law Office of L. Bryan Smith, P.C. we have experience representing clients accused of driving under the influence.

Getting ready for a new chapter in your life

The problem with criminal accusations is often that they often stay around on our clients' records much longer than necessary. At the Law Office of L. Bryan Smith, P.C., we often find that this history has prevented clients from getting what they want out of life. 

Underage DUI from a parent's point of view

Drunk driving charges often bring a number of hardships into a person's life, whether they have lost their ability to drive or are worried about spending time behind bars. Often, these charges can lead to additional problems. For example, being unable to drive or being sentenced to prison can result in the loss of one's job. Moreover, many young people have been charged with underage drunk driving and this can create problems within an entire family. If your child has been accused of driving while they were under the influence of alcohol, there are many different issues that may need to be considered.

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The Law Office of L. Bryan Smith, P.C.
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Wilmington, NC 28403

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