Citing sixteen separate reasons for his case to be overturned, attorneys for Demeatrius Montgomery have filed an appeal almost one year after he was convicted for killing two CMPD officers at the Timber Ridge Apartments in 2007. In an interview with Charlotte News Channel 14 on September 27, 2011, Charlotte…
Charlotte Criminal Lawyer Blog
Racial Justice Act May Delay Mecklenburg County Death Penalty Cases
In a recent interview with WSOC channel 9 news interview, Charlotte criminal defense attorney, J. Bradley “Brad” Smith, was asked to comment on the Racial Justice Act and how it is impacting the death penalty cases that are set to be heard next year in Mecklenburg County. According to the…
So You Blew on the Intoxilyzer? What does registering a .08 or above on the “Breathalyzer” mean for your legal defense. – Part 2
Defending your Driving While Impaired charge with ingenuity means attacking the Intoxilyzer. The most effective way to attack the magic box is to hire your own attorney. The manufactures of the Intoxilyzer have a vested interest in selling the myth that they have created an instrument that never breaks down,…
So You Blew on the Intoxilyzer? What does registering a .08 or above on the “Breathalyzer” mean for your legal defense. – Part 1
If you see blue lights come on behind your vehicle and it’s after midnight on about any day of the week, chances are the Officer stopping your vehicle is going to ask you if you have consumed any alcohol that evening. If he smells even the faintest odor of alcohol…
Catawba County “Knock and Talk” Leads to Discovery Marijuana, Moonshine, Money and Guns
In a Catawba County home, deputies found a liquor still, 100 jars of “white lightning” moonshine, 40 firearms, 195 grams of marijuana, prescription drugs, and more than $13,000 in cash. The resident, Mr. Timothy Scott Fox, has been charged with possession with intent to sell and deliver marijuana, maintaining a…
‘West Memphis Three’ Set Free But Not Exonerated
On August 19, 2011, Damien Echols, Jessie Misskeley, Jr. and Jason Baldwin changed their original 1993 not guilty pleas and a judge found that based on these new pleas, they have served their time, and they will be released but have a ten-year suspended sentence hanging over them once they…
Is Police Misconduct Becoming an Epidemic in the United States?
On August 5, 2011, five current and former New Orleans police officers were convicted by a federal jury of various charges related to the shooting deaths of two unarmed men on the Danziger Bridge amidst the chaos surrounding Hurricane Katrina. The five men had been charged with twenty-five counts including…
Elisa Baker Wins Motion to Change Venue
On August 1, 2011, a Catawba county judge granted Elisa Baker’s Motion to Change Venue. Ms. Baker’s motion to change the venue of the trial was based on the extensive media coverage this case has attracted. Her attorney, Scott Reilly, felt that Ms. Baker could not receive a fair trial…
Woman Files Lawsuit Against Stallings Police Department
On July 21, 2011, Dawn Whitlock filed suit against the Stallings police department and two of its officers for violating her civil rights when she was arrested almost three years ago for disorderly conduct and resisting an officer. In her complaint she alleges that Officers Tahitiana Munoz and Jeffrey Weatherman…
Mecklenburg County Police Department to Cease Use of Tasers for Up to 45 Days
On July 21, 2011, Lareko Williams was tased by police after they say he was found beating and choking a woman at a Lynx light rail station in Charlotte. An hour later, Mr. Williams was pronounced dead. This death comes one day after a Charlotte federal jury awarded the family…