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

In a bizarre criminal law case out of Salisbury, North Carolina, police say one would-be bank robber made a series of mistakes that led to her being quickly apprehended. The woman, Tara Jean Vaughn, started off on the wrong foot by robbing the Wood Forest Bank branch inside a Wal-Mart where she has an account, meaning the workers were already familiar with Ms. Vaughn.

Cash in envelope Charlotte DWI Lawyer North Carolina Criminal Defense Attorney.jpgAccording to a police report, Vaughn arrived at the bank around 8:30 in the morning on Monday, but discovered the branch was not yet open. She then left the store and returned at around 5 p.m. Vaughn then approached a teller and asked him about getting a pack of starter checks. Vaughn then gave the teller her name and mentioned that she had an existing account with the bank.

After divulging such crucial identifying information, Vaughn then curiously chose to rob the branch, telling the bank employee that she had a gun and wanted his money. Vaughn was at least polite during the robbery, apologizing and explaining that she didn’t want to shoot the man. Vaughn then placed her purse on the counter and instructed the teller to fill the bag up with money from the cash drawer. The teller did place some money inside the purse, though police have not yet revealed how much Vaughn was able to get away with.

Police say that Vaughn then fled the store, but was arrested only a few hours later. She is now charged with armed robbery, despite never actually brandishing the weapon, and is being held on a $50,000 bond.

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

A man from Georgia has filed a criminal complaint concerning bad checks that were passed using his checking account information which have made their way around several grocery stores in the Charlotte area. Police say that Robert Merritt had his account information compromised and that two Food Lion stores in Fort Mill and another in Pineville were where thieves decided to spend Merritt’s money.

Writing a Check Charlotte DWI Lawyer North Carolina Criminal Defense Attorney.jpgAuthorities say that a total of $650 worth of bad checks were cashed at a Food Lion on Regent Parkway and another on Highway 160 East. Several more checks were cashed at a Food Lion in Pineville, NC. The checks were drawn against an account owned by Merritt who said that the checks were used to buy items of food at both stores and that suspects also made sure to ask for cash back with their purchases.

Merritt says the first three checks were cashed and cleared his account before he was able to spot them. The others were caught before they could be cashed and Merritt made sure to close the checking account for good. Thankfully Merritt’s bank reversed the transactions and restored his money.

Though he’s since gotten his money back, Merritt says the problem is far from over. Food Lion has begun aggressively attempting to collect money from him, harassing Merritt for the value of the canceled checks as well as an extra $25 fee for each one. Merritt says that he’s never set foot in Fort Mill or Pineville and has cooperated with their investigation into the matter, but that Food Lion continues to pursue him for money he never spent.

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

A tragic case in Lincolnton, North Carolina reached its end after a Superior Court Judge dismissed charges against a man related to the April deaths of two young children. The decision means that Jordan Keely Arwood can now put the criminal case behind him and move forward with grieving the horrible loss of his six-year-old daughter and seven-year-old nephew.

Court Gavel 1 Charlotte DUI DWI Lawyer North Carolina Manslaughter Attorney.jpgJudge Ali Paksoy handed down the decision during a hearing at the Lincoln County Courthouse last Thursday. Judge Paksoy determined that there was no probable cause to justify the two counts of involuntary manslaughter facing Arwood and chose to dismiss both counts entirely.

The nightmare for Arwood began back in April when his daughter and nephew where playing in their grandmother’s back yard near a large dirt pit that Arwood had been working on. As Arwood continued working on the project a portion of the pit’s wall collapsed without notice, trapping the two young children under a mass of dirt. The collapse was so large that it took emergency responders more than 12 hours to locate the bodies of the children.

Investigators in Lincoln County picked apart the case searching for someone to hold responsible for the tragedy. Ultimately, they settled on Arwood, claiming that because the county had never issued any building permits to Arwood that the man demonstrated culpable negligence in their deaths.

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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.

Classroom desks Charlotte DWI Lawyer North Carolina Criminal Defense Attorney.jpgOfficials 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.

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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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