Local Legal News

Legislators Move To Protect Oil Companies By Criminalizing Disclosure Of Fracking Information

Published on: June 12, 2014 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “Can I be arrested without evidence against me?”

The North Carolina Senate recently passed a confusing and, to some, troubling measure that would make it a crime for anyone to publicly reveal the chemicals used in hydraulic fracturing, or fracking. According to supporters, the measure, which passed the Senate by a vote of 35-12, is an attempt to protect trade secrets of the oil and gas industry. Critics say that the law represents an attempt to deny the public crucial information concerning the substances being pumped into the ground.

The measure was proposed by three Republican senators who say the law is needed to protect vital secrets regarding how the oil companies are able to extract oil from below the earth’s surface. Experts say fracking happens when water, chemicals and sand are blasted deep into the earth, eventually setting free large deposits of oil and natural gas.

The trouble is that some environmental groups claim that these chemicals can be deadly and can leech into the groundwater supply, potentially posing health risks to those that live in the area. As a result, many have campaigned for the oil companies to reveal the exact composition of the fluids being blasted into the earth, something the recent North Carolina law is aimed to prevent.

As the current bill is written, a geologist working for the state would be the sole keeper of the information regarding the contents of the fracking fluid. That information would be kept secure and only released to healthcare providers, public safety officials and fire chiefs, and only in the event of an emergency.

Three North Carolina Teens Arrested For Cyber-Bullying

Published on: May 15, 2014 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “If I simply intend to plead guilty, why do I need a lawyer?”

Everyone knows that young people can be cruel. Anyone who suffered through middle or high school has likely felt the sting of hurtful comments or the isolation caused by bullying. However, teenagers today have resources at their disposal that previous generations of bullies never did: computers, the Internet and social media.

By taking some of the unpleasantness of growing up online, it means that in some cases children are unable to ever get a break from the painful taunting of classmates. To help solve the increasingly serious problem of cyber-bullying, North Carolina legislators have passed laws that allow police to arrest those who engage in the vicious behavior. North Carolina is currently one of 19 states to have implemented cyber-bullying laws in response to a rise in victims suffering serious emotional trauma from the sometimes-vicious online behavior of their peers.

Earlier this month three teens from Cornelius, North Carolina discovered that cyber-bullying was something to be taken quite seriously as they were arrested and charged with a crime. Their teenage misbehavior had escalated to involve lawyers, judges and possible misdemeanor criminal charges.

North Carolina Legislators Pass Juvenile Offender Bill :: Charlotte DWI Attorney

Published on: May 13, 2014 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “What are the long term effects of being convicted of a crime?”

The North Carolina House passed a new bill that would help move the state in the right direction in terms of classifying 16 and 17-year-olds as juvenile offenders when facing misdemeanor criminal charges. The juvenile offender bill means that North Carolina now joins the ranks of 48 other states that ensure minors are subjected to the juvenile justice system after being accused of committing crimes.

The bill, known as the Young Offenders Rehabilitation Act, passed the House 77-39. Though the bill officially classifies 16 and 17-year-olds as juvenile offenders for misdemeanor cases, it leaves open the question of what to do about those teens facing felony charges. The bill exempts gang members and gang crimes from this classification, meaning 16 and 17-year-olds could lose their juvenile status if charged with such crimes.

The language of the law says that a new advisory committee would be created to handle the civil citation process for those teens that are charged with misdemeanors in North Carolina. The law was proposed because many felt that existing laws which allowed offenders as young as 16 to face adult punishment for crimes were unfair and counterproductive.

Advocates of change argued that such serious penalties for young offenders would negatively alter the trajectory of their lives and make it that much harder for young offenders to eventually become productive members of society. Under the new bill, young offenders would be given counseling and forced to go through special programs designed to reintroduce young offenders into their communities as productive citizens.

North Carolina Grapples With Outdated Juvenile Justice System

Published on: March 13, 2014 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “What are the long term effects of being convicted of a crime?”

A recent article in a Colorado newspaper discussed the current movement here in North Carolina to change the state’s laws regarding juvenile criminal offenders. As it stands now, 16 and 17 year olds arrested in North Carolina are automatically treated as adults, rather than children.

Advocates for change note that North Carolina is nearly alone in its harsh treatment of teenage offenders. In fact, New York is the only other state in the country where juvenile offenders in their late teens are automatically treated as adults in the criminal justice system, regardless of the nature of crime that was allegedly committed.

Opponents of the current laws point out that 48 other states have gradually shifted away from such a harsh approach, realizing that locking young people in adult prisons seldom does anyone any good. The problem is that teens who are exposed to such violent surroundings often never receive the kind of rehabilitative care they need and instead end up learning even more dangerous habits from the more experienced criminals they are surrounded by.

For those young people sentenced to adult punishment for their crimes, the experience can be a traumatizing one. Some who have survived discuss incidents of rape, physical violence and intimidation from the other adult male inmates. With an interest in survival, many young offenders gravitate towards the long-term prisoners and learn new tricks, often becoming more adept criminals rather than reforming their ways.

Charlotte Government “Bans The Box”

Published on: March 6, 2014 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “I was found not guilty of a charge, but my record still shows the charge?”

In a surprising and welcome move, Charlotte’s city manager, Ron Carlee, has said that the box that asks candidates to disclose their criminal histories will be removed from applications for most city jobs.

The announcement means that Charlotte joins a league of a growing number of cities across the country that has decided to “ban the box.” These cities include Minneapolis, Seattle and, closer to home, Durham. In each case, city governments decided it was not only better for job applicants, but for the city itself to eliminate the question about whether a person has a criminal record.

Opponents of the trend argue that by eliminating the question, it is possible that city government will employ those who pose serious dangers to their co-workers or even the public. These people believe that criminal records should definitively rule applicants out for jobs, seemingly forever.
Thankfully, these critics have not been able to sway the opinions of managers in places like Charlotte. Instead, supporters of “ban the box” efforts have convinced officials that ex-convicts desperately need work and that by eliminating all of those with criminal records from consideration, the city could wind up losing out on talented and qualified applicants.

Supporters point out that a mistake made years or even decades ago should not singlehandedly make a person unemployable for life. By implementing such rigid rules that come along with the box, cities lose out on talented individuals who are often highly qualified and merely looking for a chance to show their skill.

New Laws Mean Good News For Those Convicted Of Some Misdemeanors :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

Published on: December 10, 2013 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “What is the difference between a misdemeanor and a felony?”

A range of new laws went into effect earlier this month, some that stiffen penalties and others that actually reduce jail time for some offenses. The new laws, which were implemented on December 1st, are estimated to save the state over $2 million per year thanks to the reduction in police resources normally spent on jailing individuals and paying for court appointed attorneys.

In North Carolina, misdemeanors are classified as Class One, Class Two or Class Three, with three being the least serious offense. Under the newly implemented laws, many Class Two offenses will now be changed to Class Three offenses and will able to be dealt with by simply paying a fine. By paying the fine, offenders can avoid the prospect of jail time and will no longer need to use a court appointed attorney to handle the matter.

Examples of some misdemeanors that changed from Class Two to Class Three include obtaining property by worthless check, driving while license is revoked, failure to notify DMV of address change, applying too much tinting to a vehicle’s windows or driving more than 15 miles per hour over the speed limit.

Beyond this reduction in severity, other misdemeanors have now been reduced to infractions. These include things like operating a vehicle with an expired license, failure to sign vehicle registration card and fishing without a license (yep, that used to be a misdemeanor crime).

North Carolina Makes Headlines For Criminal Prosecution Of Sports Agents :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

Published on: October 22, 2013 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “The person that called the police doesn’t want to press charges”

The District Attorney from Orange County, NC, Jim Woodall, has taken a surprising stand in favor of enforcing the state’s sports agent laws, something that puts Woodall in a very small group of prosecutors willing to bring criminal charges over violation of the laws. Woodall has made targeting those who violated North Carolina’s sports agent laws a priority, pursuing criminal charges against three individuals so far, including a former UNC tutor.

Sports equipment Charlotte North Carolina DUI DWI Criminal Defense Attorney Lawyer.jpg Woodall says that he hopes the trail he is blazing serves as a lesson to other prosecutors and says he hopes other states will follow his attempt at curbing improper agent conduct. Woodall says the activity can be quite harmful to athletes and athletic institutions in the long run and that too many law enforcement officials allow it go on with only a wink and a nod. Woodall says the law is the law and he intends to vigorously uphold it.

So far, criminal charges have been brought against several agents and a former tutor who are all accused of providing cash and other benefits to former UNC football players. One agent from Georgia, Terry Watson, faces 13 counts of “athlete-agent inducement” involving three current NFL players and one charge for obstruction of justice. Watson stands accused of giving nearly $24,000 in gifts in 2010 in an attempt to sign them. The former tutor, Jennifer Wiley Thompson faces four counts of providing benefits to a current NFL player. Finally, Patrick Jones, a real estate agent from Georgia, has been charged with violating the state’s sports agent law for providing $725 to a former UNC football player to entice the player to sign with Watson.

The conduct of the three violates the state’s Uniform Athlete Agents Act, which says all agents must register with the Secretary of State. The law also prohibits agents from offering gifts to athletes as an attempt to encourage the signing of representation agreements. Woodall says that though only three people have been charged, other indictments remain under seal.

Charlotte Airport Admits To Conducting Warrantless Vehicle Searches :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

Published on: October 15, 2013 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “Can the police search my car without a warrant?”

A spokesperson for the Charlotte Douglas International Airport has revealed that workers at the airport frequently search cars that travelers leave at valet parking. The revelation came as similar reports have surfaced at other airports across the country, with many people expressing outrage at the warrantless invasions of privacy.

Airport Charlotte North Carolina DUI DWI Criminal Defense Attorney Lawyer.jpg According to the aviation director at Charlotte Douglas, any vehicle that is dropped off at the airport’s curbside is subject to being searched. The airport admitted this is something it has been doing for the past year-and-a-half. The airport says that this is part of the facility’s security plan and has been approved of by the Transportation Security Administration (TSA). Airport officials admit that no signs are currently posted alerting passengers to the possibility that their cars may be searched, but say that are now planning on installing such signs.

Security experts say they searches are justified because of how close valeted cars are to the airports themselves. These people claim that because valeted cars are considered dangerously close to the airport that they ought to be searched for potentially deadly devices including bombs that could put other travelers in danger.

The problem with this rationale is that these searches may be a violation of individuals’ Fourth Amendment rights. Not only is the car’s interior being searched, but valets are being told to go through the trunks of the unattended cars as well. Even more alarming is that if a valet attendant finds something illegal but not dangerous, like drugs, the attendant is under orders to alert the police.

Mom In North Carolina Facing Hate Crime Charges After Attacking Gay Son :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

Published on: September 17, 2013 | On behalf of Arnold & Smith, PLLC

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

In a tragic case out of rural North Carolina, a woman from Whiteville is now facing possible hate crime charges after attacking one of her sons for being gay. According to police, the already horrific crime is even more heartbreaking given that the woman also ordered her other son to participate in the attack.

Police in Whiteville, NC say that received a call over the weekend about a domestic dispute in Mary Gowans’ home. When they arrived they found a chaotic scene with multiple people screaming. Police say that Gowans had forced her 15-year-old son to strip down to his underwear when she then attacked him with a belt, causing severe injuries and large lacerations across his body. Gowans then ordered her 12-year-old son to take over and continue beating the older boy due to his sexual orientation.

When police arrived and separated the family members, the older boy told officers that his mother had attacked him after finding out that her son was gay. Gowans denies the account, claiming that her son was molested by an older gay man and that she was merely punishing him for leaving the house. Police say no charges have been filed against anyone in connection to the alleged molestation. For her part, Gowans has been charged with misdemeanor child abuse and social workers have also gotten involved. Prosecutors say they are currently debating charging the woman with a hate crime.

New North Carolina Law Permits Attorneys In College Disciplinary Actions :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

Published on: August 20, 2013 | On behalf of Arnold & Smith, PLLC

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

A new law signed last week by North Carolina Governor Pat McCrory will allow students at public universities in North Carolina to hire an attorney to help guide them through the difficult and confusing process of handling disciplinary charges. Experts say the law could change the tone of such disciplinary hearings at schools across the state as students will now have the right to lawyer-up.

Graduation Charlotte North Carolina DUI DWI Criminal Defense Lawyer Attorney.jpg Prior to passage of the law, students were only allowed to have an attorney informally advise them. Lawyers were generally barred from presenting evidence during the hearings, cross-examining witnesses or in any way representing the student during the disciplinary actions.

The new law applies across a wide range of student conduct issues, but specifically excludes cases concerning academic conduct; an area lawmakers felt attorneys were not needed. The law says that students at public schools now are permitted to hire an attorney at their own expense as well as to allow other non-attorney advocates to participate in the disciplinary process. The law would include things like campus judicial hearings involving sexual assault on campus; serious issues that require experienced criminal defense attorneys.

Experts have said that North Carolina’s law is likely the first in the country to extend legal representation options to students facing disciplinary proceedings in college. The bill has been pushed in previous legislative sessions but always got tied up. This year lawmakers decided to make the issue a priority and successfully passed the measure.