Articles Posted in Criminal Defense

Attorney J. Bradley Smith answering the question: “What is an expungement?”

Though hunting is usually thought of as a low-key weekend activity among friends or family, a recent cases shows how in some cases it can turn into quite a serious matter. A federal judge in the Western District of North Carolina announced last Friday that seven men from the state would be serving jail time for illegal hunting in national forests located in North Carolina and Georgia.

The arrests were the result of a four-year undercover investigation into illegal hunting practices known as Operation Something Bruin. Officers with the North Carolina Wildlife Resources Commission and the U.S. Forest Service worked together using social media to infiltrate poaching circles and record legal violations. The investigators created fake social media profiles and found out about illegal organized hunts on federal land.

The investigation led to 10 individuals pleading guilty to crimes, among whom seven men received sentences of up to 30 days behind bars. Three of the men who were charged in the most recent case pleaded guilty to hunting wild hogs at night and were sentenced to 30 days behind bars as well as prohibited from hunting or fishing of two years. Two others admitted to illegally hunting a black bear and faced similar penalties.

Officials announced in February that the sting operation led to the discovery of illegal actions by 81 individuals for a total of 980 combined violations. The investigation uncovered bear baiting, the illegal use of dogs, operating illegal bear enclosures and hunting without permits. Officials say the violations took place in the Nantahala National Forest and the Pisgah National Forest.

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Attorney J. Bradley Smith answering the question: “Do I need to hire an attorney if I have been falsely accused?”

A recent incident involving criminals robbing a hotel in South Charlotte was solved thanks to the help of technology. While the cameras at the hotel were useful, another device that proved a great benefit to officers was the suspect’s own cellphone. The reason is that the suspected criminal’s cellphone was used by police to place him at the scene of several crimes at exactly the moment when the offenses occurred.

Officers with Charlotte-Mecklenburg Police Department’s Westover Division say that using data contained in the suspect’s cellphone allowed them to clear more than a dozen thefts from their books. They said that before the records were reviewed they received the proper warrants to access his cellphone data. A spokesman said, “The Charlotte-Mecklenburg Police Department always obtains a court order in compliance with state and federal law before tracking mobile phones except in cases involving exigent circumstances.”

So far the department has been quiet about this tactic, afraid that warning potential criminals will cut down on the usefulness of the tool. Despite that, locals with experience in criminal justice have come forward to say the practice is actually quite widespread. CMPD has revealed for instance that it has a contract with a company called Cellebrite which makes a box that can be connected to thousands of different cellphone models and even tablet computers and then extract current and deleted information.

A local professor who teaches cell phone forensics says that technology in existence today is precise enough to detect even slight changes in location. Officers plug a device into the cellphone which then extracts data that can later be accessed on a department computer.

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It was announced recently that several North Carolina communities would be pursuing money to put additional dashboard cameras in police cars. According to a recent report by WBTV, the city of Gastonia has announced its intention of purchasing some 60 in-dash cameras for Gastonia Police Department patrol cars. This comes after legislators have said they are also interested in rigging more of state highway patrol cars with the cameras.

As things stand now, more than half of the highway patrol cars in Charlotte do not have in-dash cameras. A spokesperson for the NC Highway Patrol says that tight budgets have prevented the department from equipping its cars with the cameras. The gadgets are quite expensive, and can run up to $5,000 a piece.

Despite the high cost, almost everyone agrees that the cameras can be extremely useful for both police officers and members of the community. The public can feel safe knowing that the officers are being watched and that if they behave inappropriately or illegally that their actions will be caught on camera. Several cases of police brutality across the country have been brought to light thanks to such cameras.

Law enforcement officials believe the cameras can be helpful in terms of providing evidence of what took place during a traffic stop. If at trial there’s a discrepancy over what took place, a quick look at the video can resolve the dispute. The Charlotte-Mecklenburg Police Department was involved in a case last year that proved the value to them of in-dash cameras. A teenager sued the department for injuries she claimed she sustained while being arrested. The video showed that the teen strangled herself with her own seatbelt while in the back of a CMPD patrol car.

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