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.

Prison Fence Charlotte DWI Lawyer North Carolina Criminal Defense Attorney

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).

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Attorney J. Bradley Smith answering the question: “What happens if I am convicted of a DUI or DWI in North Carolina?”

Officers from the Charlotte-Mecklenburg Police Department say that they have issued more than four-dozen charges to drivers in connection with an overnight checkpoint Saturday and early Sunday morning.

Police Car lights Charlotte DWI Lawyer North Carolina Criminal Defense Attorney.jpgPolice with CMPD say they were assisted by officers at UNCC. The checkpoint took place on Runnymede Lane near Michael Baker Place, close to Myers Park High School. According to a spokesperson, the checkpoint resulted in a total of 48 charges, 21 of which were for driving while intoxicated (DWI). Three of the charges concerned driving with a revoked license, eight were for driving without a license, two were for open container and 14 were for more minor traffic violations such as out of date tags.

As we near the holiday season, drivers in North Carolina should understand that there is usually an increase in the number of people arrested for driving under the influence. Many of these arrests come police checkpoints just like the one in this case where police stop and interrogate drivers who have not actually done anything wrong.

The purpose of police checkpoints like this one is designed to deter drunk driving rather than to specifically arrest drunk drivers. This means that officers do not have to abide by the requirements of the Fourth Amendment which protects individuals from illegal searches and seizures. It also means that officers are legally allowed to stop drivers who have done nothing wrong. Courts have said that because the length of the stop is so brief, the inconvenience to the driver is outweighed by public safety need.

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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.

Cold Drink Charlotte DWI DUI Lawyer North Carolina Criminal Defense Attorney.jpgA 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.

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

Police officers in Boone, North Carolina say they are busy searching for two people who have been reported for stealing over-the-counter medications from a CVS pharmacy. The incident took place around 3 a.m. Monday morning when police say two individuals, one male and one female, walked into the drugstore looking for pills.

Over the counter drugs Charlotte DWI Lawyer North Carolina Criminal Defense Attorney.jpgAuthorities say that the two suspects walked off with a large supply of drugs from the CVS located on Blocking Rock Road. Though they are currently on the loose, security footage from inside the store gave investigators a glimpse at their faces as well as an idea of the car the two are driving.

Many people have heard of prescription drug theft and understand that it can be a serious problem given the large numbers of individuals who have become hooked on powerful narcotics. Fewer people realize that over-the-counter medications are also frequently stolen and can also lead to serious criminal penalties when the thieves are apprehended.

Law enforcement authorities say that some of the most commonly stolen over-the-counter medications might surprise you. For instance, Prilosec, a heartburn medication, is one of the most commonly stolen over-the-counter medications stocked by drugstores. The reason is not because large numbers of people are suffering from horrible acid reflux, but instead because Prilosec has been shown to enhance feelings of euphoria in those who take the medication with methadone. The drug has become such a common target that police in Florida recently arrested a group of three people who were accused of stealing 109 boxes of the pills from a local Wal-Mart.

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Attorney J. Bradley Smith answering the question: “Should I talk to the police?”

A recent editorial in the Winston-Salem Journal took the North Carolina Medical Examiner System to task for its many problems, making the important point that law enforcement cannot be fairly or judiciously run on the cheap. The editorial pointed out how state officials have for years pinched pennies on criminal investigations and how this has led to a host of problems.

Medical Examiner Charlotte DWI Lawyer North Carolina Criminal Defense Attorney.jpgThe first point made by the editorial board is that when criminal investigations are run cheaply it can mean unsolved or even undetected crimes. Every year cases go unsolved and still others go unnoticed by law enforcement officials. Though unsolved crime is certainly a problem, the real worry is that underfunded criminal investigations lead to accusations against innocent people, sometimes even convictions for those who never did anything wrong. The problem is a serious one with a recent investigation revealing that North Carolina seriously underfunds its criminal investigations. In fact, a recent study said that the state spends about 3/5th as much as the national average on its investigations, a glaring problem.

The condition of North Carolina’s medical examiner’s offices have been the subject of concern for some time, recently receiving a significant amount of attention after an Orange County pathologist was accused of mishandling bullets that were crucial pieces of evidence in two murder cases. Though no criminal charges have been filed against the pathologist, many experts say the case reveals the risks can occur when such an important element of the criminal justice system is underfunded.

For example, in the case of the Orange County pathologist it was discovered that the man was far too busy and was pulled in far too many directions to do his job as well as he needed to. Records have been released which reveal that he personally conducted 10 autopsies on Christmas Eve 2012. In 2010, he was responsible for conducting 440 autopsies.

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

In a horrible case that reveals the serious criminal penalties that can be faced by even young children, police in Charlotte say they have charged an 11-year-old boy in connection with the death of his brother. Police say the 11-year-old has been charged with felony child abuse, though his charges will be handled as part of the juvenile justice system.

Baby crib Charlotte DWI Lawyer North Carolina Criminal Attorney.jpgSo far police have not released the boy’s name, but say that he faces criminal charges after supposedly dropping his infant brother on his head repeatedly until he died. The case began this past weekend when police were called to a home in Charlotte, NC where they discovered a seven-month-old boy unresponsive. The child was rushed to Carolinas Medical Center, where he was pronounced dead.

Police investigators quickly realized that the baby’s poor health was not accidental but instead the result of physical abuse. They quickly zeroed in on the boy’s 33-year-old mother, Wendy Johnson, as the culprit, a decision that relatives say was an unfair rush to judgment. Wendy was ultimately charged with involuntary manslaughter and child abuse.

Then earlier this week relatives of the deceased infant approached reporters with a local news station and said that the person responsible for the boy’s death was the 11-year-old brother. Relatives said that the brother admitted to family members that he beat the child because he was jealous of the attention he was receiving and because the little boy would not stop crying.

These relatives also said that at the time of the abuse, Wendy was not even at home but had left to run a 45-minute errand. When the mother returned to the house she discovered her young son dead in his crib.

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Attorney J. Bradley Smith answering the question: “If I have an outstanding warrant, what should I do?”

A man from North Carolina is currently facing murder charges after prosecutors say that he killed his four-year-old son. In a surprising twist, his defense attorney says that he will attempt to convince a jury that he was unconscious at the time his son was murdered.

Sun through a window Charlotte DWI Lawyer North Carolina Criminal Defense Attorney.jpgProsecutors say that Joseph Anthony Mitchell decided to reject a plea deal that he had been offered late last week and instead pled not guilty to one count of first-degree murder and two counts of attempted first-degree murder. After his rejection of the plea deal, his case will now move forward to a full criminal trial, which is currently scheduled for March. Prosecutors have revealed that they will not seek the death penalty in the case.

Authorities say the horrible crime occurred nearly three years ago when four-year-old Blake Mitchell was found suffocated in the family’s home in Durham, NC. Two of Mitchell’s other children, a 10-year-old and a 13-year-old, say they were able to successfully fight off their father as he tried to cover their mouths.

Prosecutors argue that the Mitchell was under extreme financial stress at the time and that neither he nor his wife had reliable sources of income. The family home was in foreclosure and Mitchell was the target of numerous debt collectors. Police later found evidence that Mitchell had taken out life insurance policies on his three children, providing what they say was motivation for the killings.

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Attorney J. Bradley Smith answering the question: “If I have an outstanding warrant, what should I do?”

Police in Rock Hill have announced that an unlucky pair of suspected criminals is about to be on the receiving end of a mountain of criminal charges. Police say the two men have been wreaking havoc on businesses throughout York County and that their crime spree may finally be catching up to them.

Abacus Charlotte DWI Lawyer North Carolina Criminal Defense Attorney.jpgAn official with the Rock Hill Police Department says that 76 warrants have been taken out against Paul Fuller and Travis Alston, all related to burglaries committed in the area. The warrants are voluminous and include everything from second-degree burglary, criminal conspiracy, grand larceny and, unusually, safe cracking.

Police say Alston and Fuller went on a burglarizing rampage through York County businesses located primarily in strip malls around the county. The robberies targeted Chinese restaurants, a butcher shop, nail salons and tanning studios. Police say the incidents in the area have many similarities to incidents reported in Wilson and Pitt counties where Fuller has also been accused of burglary. The two men face similar charges in Virginia that, when added together with the Rock Hill warrants, come to a shocking 100 criminal charges a piece.

Though the current charges are certainly surprising, both men have a colorful history, which indicates it may not be so foreign to them. Back in 2009, Fuller was charged with 42 counts of breaking and entering after engaging in a similar spree in Wilson County, North Carolina. Police say that Fuller accomplished his robberies by breaking into one store and then cutting holes in the walls to move on to neighboring establishments.

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

In a terribly bizarre case with North Carolina connections, a Baptist minister from Virginia has been sentenced to two year in prison for staging a fake hate crime attack on his own home. The case of Oleander Cuthrell, 41, shocked many in his rural Chesterfield County community who had initially rallied behind the man following his phony attack.

Burning House Charlottel DWI Lawyer North Carolina Criminal Defense Attorney.jpgAuthorities say that Cuthrell, minister of music at Gospel Shepherd Baptist Church, poured oil and gasoline across his rental home and set it on fire to avoid pressing financial obligations. At his sentencing, Cuthrell spoke out saying he was ashamed and embarrassed about his behavior, claiming that it was the most irrational decision of his life.

According to prosecutors, Cuthrell, who is black, spray-painted racial slurs across his rental home to distract police attention from focusing on him as a suspect in the house fire. Cuthrell also set fire to a bottle filled with gasoline inside a BMW parked in front of his house, an attempt to create more evidence that he’d been the innocent victim in a brutal, racially motivated attack. After setting the fires and covering the house in racist scribbles, Cuthrell then went back in the home and climbed into bed, waiting for the house to burn.

Thankfully Cuthrell’s oldest son noticed the fire and was able to put out most of the flames in time for the rest of the family to evacuate. Police and FBI officials investigated the case after Cuthrell reported the fire as a possible hate crime, telling police officers that he had been targeted because of his race. The police investigation quickly revealed holes in Cuthrell’s story and he was arrested soon thereafter.

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

Charlotte-Mecklenburg Police Officers say that nineteen people have been arrested as part of a long-lasting undercover investigation into crime occurring along the I-85 Sugar Creek corridor. The area, dubbed by some in the law enforcement world as Charlotte’s corridor of crime, is the latest target by police officers intent on busting suspected criminals.

Hotel front Charlotte DWI DUI Lawyer North Carolina Criminal Defense Attorney.jpgPolice officials say the current sweep focused in on 22 people and was designed to reduce violent crime in the surrounding areas. Police officers in Charlotte worked in conjunction with federal agents to nab the suspected criminals, beginning their undercover operation earlier in the summer. Authorities say they targeted individuals who were selling drugs or that were known to possess or sell weapons.

Police say rising numbers of criminal incidents in the corridor prompted the action, with reports of drug crimes, robberies and prostitution on the rise. Officers and federal agents worked with those in the community to help make the arrests. Officers were stationed in hotels, gas stations and fast food restaurant parking lots and spent months simply observing what went on around them. The watching was fruitful as police say they spotted numerous people obviously peddling drugs and guns and others engaged in prostitution.

Beyond the criminals who were swept up in the operation, police say they intend to file civil injunctions against some hotels in the corridor, which they believe, serve as the base of operation for some criminals. Officers say of the 19 people arrested, about half are facing state charges while the other half face more serious federal criminal charges. Police are still searching for three other suspects who were targeted in the undercover operation but who they believe may have escaped.

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