Charlotte Criminal Lawyer Blog

Drunken battle over bike, money wins shotgun-wielding man attempted murder charge

Published on: July 8, 2014 | On behalf of Arnold & Smith, PLLC

Brad Smith of Arnold & Smith, PLLC answers the question “Do I need to hire an attorney if I have been falsely accused?”

A York, S.C. man was arrested over the weekend after a disagreement over a bicycle he said a man stole from him. The man, Randall L. Hunnicutt, said the man stole his bicycle and money out of his wallet. The man admitted he had borrowed Hunnicutt’s bike four days earlier, but he told police he had returned it. He denied taking the money.

The argument began on Hunnicutt’s porch in York. After being accused by Hunnicutt, the man tried to walk away. Hunnicutt asked his son to bring him his shotgun. He then loaded the shotgun and began poking the weapon in the man’s face.

The man started to walk away, but Hunnicutt followed him and pushed him down, poking him with the shotgun. After Hunnicutt pulled the trigger, the man ran to a neighbor’s house and called police. Apparently the weapon did not discharge.

Nevertheless, Hunnicutt was charged with attempted murder and possession of a weapon during a violent crime. It is unclear whether additional charges are pending.

The Charlotte Observer reports that Hunnicutt’s age, as listed on the police report, is 29. The age of Hunnicutt’s son is unclear; also unclear is whether the son retrieved ammunition that Hunnicutt used to load the shotgun. In any case, the inference can be drawn that Hunnicutt’s son was too young to be employed as a shotgun-retriever in a drunken late-night argument between adults.

Interstate 77 madness: A case of no charges brought, so far…

Published on: July 3, 2014 | On behalf of Arnold & Smith, PLLC

2013 Best Lawyer In Charlotte winner Brad Smith of Arnold & Smith, PLLC answers the question “Do I need to hire an attorney if I have been falsely accused?”

An old client of mine called me yesterday to report some exciting news: the truth was setting him free. He had been accused of a crime. The police called him and asked him to talk. He did, then he called me.

I told him the last thing he should do is talk to the police. When they called asking him to take a lie-detector test, he told them he would exercise his 5^th Amendment right to remain silent. Good for him.

A few days later, a police officer called to tell him the prosecutor didn’t think there was enough evidence to charge him.

“It’s not over,” I told him. “Just because they don’t have enough evidence now doesn’t mean they won’t gather more evidence and charge you later,” I said. I repeated the ages-old advice from criminal lawyers to clients: Silence is golden.

Many clients of mine – and most people in general – fail to grasp the complexity inherent in how and why people are charged with crimes. In some cases, it seems like the government is in a rush to hold someone accountable for a crime, while in other cases the plodding, methodical conduct of law enforcement and prosecutors drives a justice-hungry public crazy.

Say ‘No’ to alcohol breath test? Prepare to have your blood drawn

Published on: July 1, 2014 | On behalf of Arnold & Smith, PLLC

Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “Are breath test results always accurate?”

You thought it was July 4^th weekend? You’re right, but it’s also “No Refusal Weekend” in Eugene, Oregon. Local and state police in Eugene plan to have prosecutors and judges on standby this weekend to obtain “blood draw warrants” against drivers who refuse to submit to alcohol content testing.

This will prevent “people from avoiding full accountability,” police said. The U.S. Supreme Court confirmed in a 2013 case that police must obtain a warrant before drawing a person’s blood, except in cases of emergency. That case was called Missouri v. McNeely.

The program in Eugene is unique because, evidently, prosecutors and magistrates will be available to issue warrants quickly. The local chapter of the American Civil Liberties Union gave its blessing to the arrangement; a representative said more warrants in blood-draw cases was a “good thing.”

This could be the dawn of the age of warrants en masse, as litigation in the wake of the McNeely decision may show. Many people consent to blood draws. Lawyers are now arguing that McNeely requires courts to consider whether, in the totality of the circumstances, consensual blood draws done without a warrant are constitutional.

How Does Bail Work In A North Carolina Criminal Case?

Published on: June 26, 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?”

If you or someone you know is facing a criminal matter, it can be confusing to know how best to move forward. Though you might have a vague idea of how the criminal justice system functions, there are likely all kinds of issues that you have questions about. Bail is a good example of an issue that most people have heard of, but may not fully understand. To find out more about how bail works in a North Carolina case, keep reading.

What is bail?

First things first, what is bail? Bail is a system that allows criminal defendants to be released from jail in exchange for money that the court holds onto until the case is over. The money is held as a kind of guarantee that the person will not run off. If you flee, then the money you paid is forfeited and you will face additional charges when you are eventually caught.

How does it work?

Why Should I Hire A North Carolina Criminal Defense Lawyer?

Published on: June 24, 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?”

If you have been arrested for a crime in North Carolina, whether it is a misdemeanor or a felony, you are likely confused about how to move forward. You may wonder if it is best to simply represent yourself, perhaps saving both time and money by handling the case on your own. For more information about the benefits of hiring a criminal defense attorney, keep reading.

Experience

One of the most important reasons that hiring a North Carolina criminal defense lawyer can be such a good idea is the lawyer has seen the inside of courtrooms so often that he or she knows what to expect. Not only do experienced lawyers have relationships with judges, but they also usually good relationships with prosecutors and are able to effectively work together while handling your case. This kind of built-in knowledge is invaluable when facing the prospect of serious criminal penalties.

Knowledge of the law

A reason that many people choose to hire a lawyer to handle their case is they are quickly overwhelmed by North Carolina criminal codes. The sheer volume of laws and regulations, let alone court procedures, scare most people away from handling their own cases. We recently wrote an article about the overwhelming number of laws that North Carolina has and how their scope is viewed by some as a restriction of basic freedom. Criminal defense lawyers tackle seemingly complex laws on a daily basis and spent years in school preparing to handle cases just like yours.

North Carolina Thieves Run Off With 13,000 Diapers

Published on: June 19, 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?”

It’s pretty rare to hear about a police department dedicating resources to tracking down a person for stealing diapers. However, authorities in North Carolina say they are eagerly searching for the person who they say stole 13,000 diapers from the Diaper Bank of North Carolina earlier this month.

The nonprofit organization, based in Durham, provides diapers to needy families with young children. The founder of the organization says she went into the office on a Monday morning to pick up an order for a nearby homeless shelter when she noticed diapers strewn across the floor and many others missing.

Upon closer inspection, the director found that specific sizes of diapers were missing in large numbers. Apparently, diapers in sizes 4 and 5 are among the most popular because babies are often able to remain in those sizes for up to a year. As a result, they are in high demand from families and tough to keep in stock.

Beyond the theft of diapers from the homeless shelter, the director said that the thieves also knew to target a reserve room that holds extra diapers, something that no one outside immediate employees should ever have known about.

North Carolina Bank Robber Nabs Supreme Court Review Of His Conviction

Published on: June 17, 2014 | On behalf of Arnold & Smith, PLLC

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

The case of a North Carolina bank robber is set to get national attention over the coming months after the U.S. Supreme Court agreed to hear the matter. The case involved Larry Whitfield, a 26-year-old who is currently in prison and not scheduled to be released until 2022.

The issue in the case concerns something that judges have long argued about and for which a clear rule still does not exist. Though everyone understands that bank robbery is a crime, many may not realize that anyone robbing a bank that is found to have forcibly moved another person, either during the crime or while fleeing, faces even stiffer penalties.

Standard bank robberies involve a possible punishment of up to 20 years, though there is no mandatory minimum, meaning that judges are empowered to reduce the sentences of those they feel are deserving. However, anyone who has been found to violate the forced-movement law faces an additional 10-year mandatory sentence and possibly even life behind bars.

The question that the Supreme Court must now wrestle with is how much movement is necessary to prompt a violation of the forced-movement law. In this case, Whitfield and a partner armed themselves with weapons and intended to rob a credit union in Gastonia, NC. A tough security system prompted them to flee the scene, ultimately seeking refuge in the home of a nearby woman.

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.

North Carolina Drunk Drivers Target Of Joint Law Enforcement Efforts

Published on: June 10, 2014 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “Should I ever plead guilty to a charge?”

Law enforcement officials across the State of North Carolina have agreed to join forces yet again to combat drunk driving. This year marks the fourth anniversary of State Highway Patrol officers working in conjunction with the Wildlife Resources Commission and the Alcohol Law Enforcement division to bust impaired drivers.

The law enforcement groups will work together to crack down on drivers as well as boaters, a campaign dubbed “On the Road, On the Water, Don’t Drink and Drive.” The groups say that alcohol is responsible for hundreds of accidents, both on land and on water, and that the joint collaboration between the agencies can help lead to greater success.

In North Carolina, the law says that it is illegal for a driver in a motor vehicle to drink while operating the vehicle. Additionally, anyone found to be operating a motor vehicle with a BAC greater than 0.08 percent faces drunk driving charges. The law differs slightly with regard to boaters, given that boaters are allowed to consume alcohol while operating their boats. However, boaters are held to a similar standard of intoxication and can be charged with Boating while intoxicated, or BWI if found to have a BAC greater than 0.08 percent.

The agencies say they will work together between Memorial Day and Labor Day, a traditionally busy time for drunk driving arrests. Checkpoints will be put in place across the state, both on land and on water, to ensure that drivers out for a good time are not legally impaired.

Dizzying Number Of Criminal Codes Cause Problems

Published on: June 5, 2014 | On behalf of Arnold & Smith, PLLC

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

When you think of criminal laws some might appear obvious, prohibitions against murder, physical violence, drug use, thefts, etc. Though the list goes on and on, many might be surprised just how far the list actually goes. A recent article discussed the stunning number of criminal laws in North Carolina and concluded that the number of codes can actually be used as a weapon against residents of the state, allowing police to charge almost anyone with some kind of criminal violation.

Experts say that there are currently more than 1,150 individual criminal codes in North Carolina. These include criminal statutes, motor vehicle rules, codes, and other regulations that have the power to be criminally enforced. A paper by the Manhattan Institute found that this criminalization is excessive and needs to be reformed, worrying that the array of criminal regulations restricts freedom.

Interestingly, legislators in some states have begun to realize that continuing to add crimes to the already lengthy list does little to protect the lives or property of residents. Instead, a patchwork of criminal regulations develops leading to confusion among both citizens and law enforcement officials about what kind of behavior deserves criminal prosecution. Legislators in Tennessee and Virginia have specifically taken to the task of removing outdated or unnecessary crimes from their books, hoping to free up courts and ease the already heavy strain on the judicial system.

North Carolina has taken a radically different approach, adding laws rather than subtracting. Between 2008 and 2013, North Carolina actually averaged more than 34 new criminal offenses to the books each and every year. Though some have pointed out that as recently as 2013, legislators downgraded 21 low-level misdemeanors, the truth is that many more crimes were upgraded than were downgraded during that round of reform.