J. Bradley Smith of Arnold & Smith, PLLC answers the question “What is the difference between a misdemeanor and a felony?”
The Chinese government is in the midst of revising and reissuing various criminal statutes. The changes are wide-ranging and impact dozens of categories of crimes, leading to a sweeping overhaul of criminal laws in the most populous country on earth. One of those categories being overhauled concerns sexual offenses and, more specifically, the definition of rape.
Charlotte DWI Lawyer Brad Smith answers : I was found not guilty of a charge, but my record still shows the charge
Two North Carolina teens have reached deals with prosecutors and are now able to move on with their lives, avoiding jail time and registration as sex offenders. Their cases illustrate the serious harm that can come from sexting as a minor. Their cases also reveal inconsistencies in North Carolina’s laws that may occasionally cause more harm than good.
Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can the police search my car without a warrant?”
A North Carolina teenager faces felony sex crime charges after police discovered sexually explicit photographs of a sixteen-year-old girl on his cell phone. Cormega Copening is a seventeen-year-old high school student at Jack Britt High School. Copening was playing quarterback on the football team before being forced to sit out because of the felony investigation. The Fayetteville youth was arrested and charged with violating state law prohibiting the transfer of “sexually explicit” photographs of minors when police discovered nude photographs of Copening and his sixteen-year-old girlfriend on his phone. Police found the photographs by asking his mother, who pays the bill, if she would permit a search of the cell phone so the police might look for any possible evidence in a separate investigation of statutory rape. Copening was not a suspect in that investigation. During the search, the police discovered the nude photos of Copening and his then girlfriend.
J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I talk to the police?”
A man after a woman’s heart may be prone to a bit of puffery, but legislators in New Jersey want to criminalize that puffery when it rises to the level of deception.
Charlotte DWI Lawyer Brad Smith answers: A past conviction is keeping me from finding work what can I do?
A state legislator has introduced a bill that she says will close a loophole in Illinois’ sex offender registry. Critics of the bill say the bill is “overly punitive and burdensome” on offenders who have paid their debt to society, according to the Chicago Tribune.
J. Bradley Smith of Arnold & Smith, PLLC responds to “The person that called the police doesn’t want to press charges, can I still be prosecuted?”
Some in the media have suggested that the latest teacher-student-sex case to make national news is a victimless crime. The case involves a 17-year-old male student who slept with two of his English teachers—at the same time. Detectives are now investigating rumors that the three made a sex tape of their encounter.
St. Charles Parish, Louisiana sheriff’s deputies said yesterday that the encounter between the student and teachers occurred at one of the teacher’s apartment on a Friday night after a school football game. The teacher/host has been identified as 24-year-old Rachel Respess. She surrendered herself to authorities yesterday and was charged with one count of carnal knowledge involving a juvenile, one count of indecent behavior, and one count of contributing to the delinquency of a minor.
The second teacher—34-year-old Shelly Dufresne—stands accused of engaging in sexual relations with the same student. She has also been arrested and faces charges. According to media reports, Dufresne is married and is the mother of three young children.
Ironically, one of the three judges who hear felony cases in St. Charles Parish is Dufresne’s father, Emile St. Pierre. Judge St. Pierre is the senior judge of the 29th Judicial District Court. Another judge in the district has already recused herself from the case, due to conflict. Before recusing herself, Judge Lauren Lemmon set Dufresne’s bond at $200,000 and placed her under house arrest.
Attorney J. Bradley Smith answering the question: “What are the long term effects of being convicted of a crime?”
A 26-year-old teacher with Charlotte-Mecklenburg Schools was arrested earlier this week and stands accused of taking indecent liberties with a student. Officials say the man, David Cale Allison, was employed at Hopewell High School, which is also where the crime is alleged to have taken place.
Officials with the Huntersville, NC police department say they first began investigating the case on November 21st when they were alerted to possible trouble by Charlotte-Mecklenburg Schools officials. Authorities say that an investigation later revealed that there had been inappropriate contact and text messaging between Allison and a student at the school during school hours.
Police say the inappropriate contact consisted of flirtatious text messages sent by Allison to the student during and even outside of school. Additionally, there was one incident when Allison is accused of engaging in inappropriate physical contact with the minor.
Police officers say they believe the case is an insolated incident and that other students at Hopewell were never at risk. They also noted that Allison had only been employed as a physical education teacher at the school since August of last year and that this was his first job with Charlotte-Mecklenburg Schools. Currently Allison is suspended without pay pending a final determination in his case.
Sexual assault charges in North Carolina are incredibly serious offenses and can leave lasting stains on a person’s record. Such charges might even require registration with the state’s Sex Offender Registry, something that can dramatically impact the way you live your life.
Attorney J. Bradley Smith answering the question: “Is there more than one way for police to convict a DWI?”
Law enforcement officials have announced that a recent raid of a nightclub in Selma, North Carolina resulted in 17 people being arrested on a range of charges from drugs to prostitution. The sweep was conducted by North Carolina Alcohol Law Enforcement agents as well as officers with the Selma Police Department and Johnston County Sheriff’s Office.
A spokesperson for ALE said that the raid was the result of a six-month investigation conducted by various law enforcement agencies after local authorities received complaints about a range of illegal activities taking place at The Ranch, a local nightclub. Agents who participated in the raid say they discovered employees who sold illegal drugs to patrons, others that engaged in prostitution and other sexual offenses and still others who broke state alcohol control laws.
Officials say the raid turned up a wide array of illegal drugs that were seized by authorities. Prescription painkillers, powdered ecstasy and significant quantities of cocaine were all found on the premises of The Ranch.
Given the drugs, prostitution and alcohol offenses it’s no surprise that several employees and patrons were arrested in the raid. Police released the names of 17 people charged with crimes in connection to the police bust. Of those arrested, the suspects’ ages ranged from 19 to 62.
Attorney J. Bradley Smith answering the question: “What is the difference between a misdemeanor and a felony?”
A middle school principal from North Carolina has been arrested and faces charges of sexually assaulting a young male student while his parents waited outside the principal’s office. The shocking case of David Ellis Edwards has made national headlines after his arrest last Friday in Fayetteville.
Police say Edwards faces charges of second-degree forcible sex, sexual acts with a student, taking indecent liberties with a minor and crimes against nature. The charges relate to incidents that occurred between 2009 and 2011 when Edwards is accused of molesting at least three boys between the ages of 11 and 14. One of the cases involved a middle schooler who was allegedly attacked while his parent sat just outside the door in the waiting area.
Police say Edwards immediately resigned his position at Douglas Byrd Middle School following the arrest. Before taking his position at Douglas Byrd he was principle of Ramsey Street Alternative School. Police say they believe that sexual assaults took place at both schools. Police officials also say that they believe there were more than the three victims and that interviews with other male students are continuing in the hopes of bringing other victims to light.
If a person is convicted of a sexual offense, the reality is that he or she will have to register as a sex offender for at least 10 years, possibly even for life. This means local schools and day care facilities will be informed of your presence when you move into a neighborhood and you will have to contend with a variety of other restrictions. Neighbors will be also able to see your name and your picture. This stigma can impact not only where you are allowed to live but also what kind of job you can get.
Attorney J. Bradley Smith answering the question: “Should I talk to the police?”
Police in Greenwood, South Carolina say that two people are facing criminal charges after a man made the decision to pick up a prostitute in a church parking lot. Greenwood City Police say that they had received dozens of complaints about a local woman prostituting herself from her house, which is located behind a church.
After receiving repeated complaints, police say they launched an investigation into the matter and shortly thereafter spotted a man, Robert Morgan, picking up the woman in the parking lot of the church. Authorities say that 22-year-old Jessica Blackmon got into Morgan’s car and then drove to a convenience store and finally to a private residence in the area.
Police then moved in on the residence where Morgan, visibly nervous, answered the door. Before police could even say a word, Morgan began repeating that he did not want to go to jail. Morgan then claimed that he only met Blackmon by accident, saying that he was out looking for a friend when Blackmon flagged him down and asked him to take her to a store so she could buy condoms.
For her part, Blackmon agreed that Morgan had not come looking for sex; instead, she said he was there to buy crack cocaine from a local dealer. Blackmon also claimed that she was not prostituting herself and that she had simply asked Morgan to take her to the nearby store so she could buy cigarettes and a tampon, though after repeated police questioning she did admit to purchasing a condom.
Charlotte Criminal Lawyer Blog