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

Good news for those living in Sylva, North Carolina came early this week when it was announced that residents no longer need to fear discriminatory practices used by the local sheriff’s office. According to a recent statement from the Jackson County Sheriff’s Office, the county will implement changes in the way the department conducts vehicle checkpoints.

Car Tail light Charlotte DWI Lawyer DUI North Carolina Attorney.jpgThe changes come a year after the ACLU launched an investigation into the actions of the department following complaints that the supposed seat belt checkpoints were actually being used to target Latinos. The ACLU said that they received information that at one checkpoint alone, 15 undocumented immigrants were detained and ultimately taken into custody. Thankfully charges against 10 of those arrested were eventually dropped.

According to the civil rights organization, there were complaints by many that the traffic checkpoints were being used as an excuse to check the immigration status of drivers. The Jackson County Sheriff’s Office routinely conducted these checkpoints with the assistance of officers in the federal Immigrations and Customs Enforcement office. The sheriff’s office initially denied the accusations, saying that they existed only to check for seat belt usage. The ACLU pointed out that federal immigration authorities are not needed to conduct a simple seat belt check.

Additionally, the ACLU noted that courts have been clear that there are only limited valid justifications for conducting a traffic checkpoint. For one thing, checkpoints have been found to be illegal when they are conducted for the purpose of general crime control. This is because such a broad purpose violates the Fourth Amendment’s requirement that a police officer must have a specific suspicion of wrongdoing before stopping a vehicle.

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

A recent report published on the site ThinkProgress.org discovered that black people in Durham, North Carolina are more than twice as likely as white people to be searched after being pulled over for speeding. Even more amazing was that the results showed police were three times as likely to arrest a black person after a seat belt violation than they were to arrest a white person.

handcuffs Charlotte DWI Criminal Lawyer DUI Attorney.jpgThe mayor of Durham has responded to the results, saying that he is instituting an investigation into what appears to be clear evidence of racial profiling by police officers. The action was all prompted by the release of a University of North Carolina study that showed how blacks and Hispanics across the state were vastly more likely to be searched following a traffic stop than their white counterparts, something that has alarmed criminal defense attorneys as well as civil rights advocates.

Some critics of police tactics say that the results clearly demonstrate institutional racism on the part of some police departments in North Carolina. These critics point to results which found that black drivers were three times more likely to be arrested following a seat belt violation stop. Hispanics were also dramatically more likely to be arrested when drugs were discovered during a car stop while whites were more likely to receive a citation or a warning.

The results should serve as a stark warning to law enforcement agencies across the state about the danger of allowing bias to influence legal decisions. The results also unfortunately align with the opinion of many minorities who say they often feel profiled by police officers. A recent Gallup survey found that 25 percent of black people recalled feeling as if they had been treated unfairly by a police officer within the last 30 days.

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

In a new and bizarre example of how some North Carolina criminals do the dumbest things, two men from Greensboro are in hot legal water after being charged with stealing an unusual item: tube socks.

Tube sock Charlotte DWI DUI Criminal Defense Attorney Lawyer.jpgAccording to the Winston-Salem Journal, the two sock thieves have been charged with stealing $50,000 worth of socks from HanesBrands Inc. The crime allegedly took place out of Hanes’ distribution center located in Kernersville.

Though it’s hard to imagine given that we’re talking about socks, authorities say the two men were caught up in a sting operation. Police had launched an investigation into reports of losses from the Hanes center in Kernersville, with reports of more than $2 million in merchandise going missing over the past two years.

Byron Kearney and his pal Henry Jackson have been charged with felony larceny and felony breaking and entering. The case was cracked thanks to help from the Hanes’ loss prevention department working in conjunction with the local Kernersville Police Department. Hanes installed surveillance cameras and caught the suspects late last month breaking into the facility.

According to a police report, a gate guard let the two men who were driving a large truck into the facility late one Saturday night. The two then began loading their truck with boxes of socks, eventually amassing a quantity large enough that the resale value came to around $50,000. Hanes contacted the police to let them know of the robbery and by a little after 1 a.m. the police had pulled the truck over near I-40 and put Kearney and Jackson in handcuffs.

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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.

Apple Charlotte North Carolina DUI DWI Criminal Defense Attorney Lawyer.jpgPolice 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.

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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.jpgWoodall 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.

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

A recent New York Times article delved into the issue of for-profit websites that exist to catalog the embarrassing mug shots of everyone from celebrities to Average Joes. The article set off a firestorm after it revealed some surprising information about how the websites operate, specifically with regard to their takedown procedures.

Mugshot Charlotte North Carolina DUI DWI Criminal Defense Attorney Lawyer.jpgA Bloomberg article discussed the fallout from the article, which profiled several people whose reputations were damaged by the mug shot websites holding onto their images years after they had officially paid their debts to society. The article noted how the sites scoop up thousands of mug shots every day and hold onto them seemingly forever, despite the fact that many of these people are ultimately found innocent or have their charges dropped. Even if a person’s criminal record is wiped clean, that has not stopped the mug shot aggregators from continuing to haunt a person’s online reputation for the foreseeable future.
The Bloomberg article notes that one issue that stirred up some of the most heated reaction was the way that the sites handle requests to remove a person’s mug shot. Apparently these takedown requests have little to do with a person’s innocence, and instead depend on how much money you are willing to pay. The sites will agree to remove your mug shot for a fee, with the amount ranging between $30 and $400 dollars.

Many people were outraged by what some argue amounts to extortion and some action has thankfully been taken against some of the sites. For one thing, an attorney in Ohio has launched a class-action suit against several mug shot sites, arguing that the sites violate state laws regarding privacy and extortion. Lawmakers in Georgia, Utah and Oregon have passed laws that mandate the sites remove pictures for free when a person is able to submit proof that they were found innocent of the charges or that their records have been expunged.

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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.jpgAccording 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.

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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.

Bible praying Charlotte North Carolina DUI DWI Criminal Defense Attorney Lawyer.jpgAfter 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.

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Attorney J. Bradley Smith answering the question: “A past conviction is keeping me from finding work what can I do?”

Officials with the North Carolina Wildlife Resources Commission announced that they had arrested a man for a rather bizarre crime: trading in illegal reptiles. Though selling reptiles may not seem like an act deserving of jail time, that’s exactly what could happen in the case according to law enforcement officials.

Snakes Charlotte North Carolina DUI DWI Criminal Defense Attorney Lawyer.jpgThe arrest took place this past weekend when 29-year-old Danny Hemby was arrested by officers with the NCWRC. Officials say that they have filed eight criminal charges against Hemby, including two counts of selling a reptile on the federal endangered species list; two counts of owning and using venomous reptiles; possession of a reptile of special concern; sale of a reptile of special concern; unlawful possession of a reptile without a permit and finally, commercial taking certain reptiles.

The charges concerning animals of “special concern” include those wild animals that are native to North Carolina and which can legally be owned only under certain circumstances. Officials say that Hemby was not simply in the business of selling cute turtles or small lizards, but was instead making money selling rattlesnakes, copperheads and even alligators. Police say Hemby sold his reptiles at flea markets across the region and that his actions endangered not only the public, but other animals as well. By moving wild animals across state line Hemby could also have been unknowingly spreading disease.

Though there is a black market for most forms of wildlife, the reptile and amphibian market has been one of the fastest growing areas of the poaching business. Experts say that trading is not limited to the United States. Europeans and Asians are willing to pay big dollars even for common species taken from the United States, even things as seemingly uninteresting as simple garter snakes. One federal wildlife enforcement agent said that people are willing to pay top dollar for toads, salamanders, pretty much any reptile.

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

In a sad and somewhat surprising criminal law incident from late last month, a woman from Charlotte, NC found herself in jail after being arrested for putting her dog in the trunk of her car. The case ended in charges of animal cruelty for Isla Corina Delcid-Almedare.

Puppy Charlotte North Carolina Criminal Defense DUI DWI Attorney Lawyer.jpgAccording to authorities, Delcid-Almedare was arrested after fellow shoppers at a North Carolina flea market said they saw her lock her dog in the trunk of her car. One eyewitness said that he saw Delcid-Almedare walking her dog at the Barnyard Flea Market along Highway 51 near the state line when he then watched as the woman closed the dog in her vehicle’s trunk.

The man said that after he saw her close the dog in the car, he went to look for a police officer. It took some time before deputies were able to arrive and get the trunk opened. Police say the month-old Shih Tzu puppy was in the trunk for approximately an hour while Delcid-Almedare went shopping. Police say that they spent time trying to locate Delcid-Almedare and then have her return to unlock the trunk.

Witnesses said that a crowd gathered around the car once word got out about what had happened. By the time the little dog was finally rescued from the trunk it was soaking wet with sweat. The temperature in late August was high and police say it is substantially hotter in an unventilated trunk.

Delcid-Almedare’s brother has since spoken out about the incident, saying that his sister never meant to do it. He says that his sister would never have intentionally hurt an animal and that he thinks the entire incident was a big mistake. He believes Delcid-Almedare put the dog in the trunk intending to return quickly, but then lost track of time.

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