Charlotte Criminal Lawyer Blog

North Carolina Man Faces Nearly Two Years In Prison After Drunken Moped Driving

Published on: January 30, 2014 | On behalf of Arnold & Smith, PLLC

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

Police from Catawba County, North Carolina arrested a man for drunk driving on a moped nearly two years ago. Aaron Barkley, 34, has since been sentenced as a habitual offender, meaning the drunken moped operator will now face serious jail time.

The District Attorney’s Office in Catawba says that Barkley was arrested back in May of 2012 after police say he scooted right through a driver’s license checkpoint. When police took off after him and pulled him over, the officers administered a Breathalyzer test and found that his BAC was 0.11 percent, well in excess of the state’s legal limit.

Because Barkley has been convicted of drunk driving three times in the past, he faced heightened punishment this time around. Just this past week a judge sentenced Barkley to 23 months behind bars.

Though it may come as a surprise, if Barkley had been driving in South Carolina at the time he would not have faced drunk driving charges. That’s because in South Carolina, mopeds are not listed as “motor vehicles” and thus cannot serve as the basis for a DUI charge. Instead, a drunken moped driver could only be cited for something like disorderly conduct.

Charlotte Officer Indicted By Grand Jury On Second Try

Published on: January 28, 2014 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “What is the difference between a misdemeanor and a felony?”

A grand jury in Charlotte chose to indict a local cop on voluntary manslaughter charges for shooting and killing an unarmed man last September who had just been involved in a late night car accident.

It was revealed earlier today that Officer Randall Kerrick, 28, would now face formal criminal charges in connection with the fatal encounter that occurred late on September 14, 2013. The announcement was made after a different grand jury declined to indict Kerrick just last week on the same voluntary manslaughter charge. Kerrick’s attorney tried to block the second grand jury, asking a judge to deny the second hearing, arguing that giving prosecutors a second chance to pursue an indictment violated Kerrick’s rights. However, the judge allowed the second grand jury hearing to proceed.

Kerrick was a former animal control officer who had been on the Charlotte-Mecklenburg police force for a little over three years. The grand jury heard evidence of how Kerrick fired 12 shots at Jonathan Ferrell, a 24-year-old former Florida A&M football player. Ferrell had been involved in a car accident earlier that evening and stumbled for a half-mile down the road before knocking on a woman’s front door. The young woman was home alone with her newborn child and was afraid Ferrell was there to break in.

Police officers, including Kerrick, arrived shortly after the woman called 911 and appeared to do so with their guns already drawn. Some have claimed that Kerrick and the other officers snuck up on Ferrell and failed to identify themselves as police officers. Ferrell was ultimately shot 10 times and died at the scene.

North Carolina College Student Arrested For Counterfeiting Thousands Of Dollars

Published on: January 23, 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?”

A 19-year-old student from the University of North Carolina Greensboro is currently facing serious criminal charges after campus police say she was discovered with $13,000 in fake money. A search of the girl’s dorm room was conducted after police say she tried to use a fake $100 bill to purchase a gift card at a local drugstore.

Authorities say that Symone Vannessa Brown is now facing serious felony charges including obtaining property under false pretense and possession of counterfeiting tools. The fake money that Brown was found with was a pretty convincing copy, but for one problem, the bills were signed by “Moe Money, Proprietor of the Counterfeiting,” rather than the Treasury Secretary.

Police were first tipped off to the problem after Brown walked into a local drugstore and tried to use one of her bogus $100 bills to purchase a gift card. The clerk at the store thought that something was up and refused to accept the money. Eventually, a store manager called local police who were there waiting when Brown returned to the drugstore in an attempt to retrieve her fake money. When she walked into the store she was arrested.

Charlotte Fast Food Robberies Lead To Police Search

Published on: January 21, 2014 | On behalf of Arnold & Smith, PLLC

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

Police say that they are looking for a man they believe is responsible for a series of robberies that have impacted several local fast food restaurants over the past month. Authorities recently released security camera footage showing the man robbing several Cook Outs spread across the Charlotte area.

Police say that four Cook Outs and one Wendy’s were robbed over the past month. The Cook Outs in Lincoln, Mecklenburg, Union and Rowan counties have all been hit, with the first robbery happening just under a month ago. The most recent occurred this past weekend.

Police say they are thankful that no one has been injured in any of the robberies, but that disaster could happen at any time given the way the robber has behaved during the encounters. Authorities say that the burglar fired a handgun several times in at least two of the robberies, leading police to fear that the man might lash out if provoked.

Police say they believe the robberies are related because the description of the burglar has been similar in each case. Additionally, all the robberies happened early in the morning, around 7 a.m. Store employees have said that the suspect is a black man in his mid-20s with shoulder-length dreadlocks. So far he’s worn a ski mask, which obscures the bottom portion of his face.

Three Arrested For String Of North Carolina ATM Thefts

Published on: January 16, 2014 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “What is the difference between a misdemeanor and a felony?”

Three people in Shelby, North Carolina have been arrested due to their suspected involvement in a series of brazen ATM robberies. Let’s stop for a second and specify exactly what kind of robbery we’re talking about. The three are accused not of holding up customers using the ATMs, but instead of stealing the entire ATM itself.

Police officials say that the arrests came after yet another ATM was ripped out of a Cleveland County convenience store. Believe it or not, this is not the first ATM the trio are accused of running off with. The three are suspected of being behind several thefts or attempted thefts in the area dating back to early December.

The most recent incident took place at Lisa’s Express convenience store, which is located on Washburn Switch Road. The store was equipped with surveillance cameras, which recorded the suspects arriving at the store in a stolen van. The group then drove the van through the front door of the convenience store and tied ropes around the ATM to pry it loose from the floor. Police say it took several attempts until the ATM finally was dislodged and they were able to throw it into the back of the stolen van and drive off.

Police from Shelby responded to the store alarm and saw a van matching the description given by a witness pass right by them. The officers pulled the van over and arrested two suspects while a third managed to get away on foot. The third person, Anton Smith, was apprehended later that afternoon.

North Carolina Inmate Escapes Prison And Racks Up Additional Criminal Charges Within Hours

Published on: January 14, 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?”

Police in Salisbury, NC say that a convicted felon has escaped a minimum security prison in the area and is currently on the lam. Authorities say that they have locked down several schools in the area as a preventative measure and believe the man, Jonathan Dixon, has already broken at least two laws in the few hours since he managed to break free.

Authorities say that the 27-year-old Dixon was found missing on Monday when guards at the Piedmont Correctional Facility performed a nightly bunk check. Dixon was evidently accounted for at the first bunk check, which happened at 11 p.m. but had managed to slip away before the 4 a.m. bunk check.

Police officers say that almost immediately after breaking out of the prison, Dixon walked next door to a North Carolina Department of Transportation storage shed and broke into it. Officials say that Dixon got away with a DOT uniform and jacket, apparently with the name “Haywood” written on it. Though it’s hard to believe, Dixon has only been out of prison for a few hours and has already managed to rack up at least two additional criminal offenses: the escape itself and the theft.

Authorities say that Dixon may also have been responsible for another breaking and entering in the area. Another storage facility in the same part of town was also broken into that evening. Though nothing was taken, officials say they found a boot print that matched the type of shoes inmates at the Piedmont Correctional Facility are issued.

North Carolina Teens Face Criminal Charges For Burning Opossum

Published on: January 9, 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?”

Three teenage boys in Tobaccoville, North Carolina are now facing serious criminal charges after police say they received a tip that the trio had burned an opossum alive and videotaped the attack.

Authorities say they received a tip last month that 18-year-old Kalob Hubbard and two other young men, a 17-year-old and a 15-year-old, recorded an attack on an opossum that ultimately died after being set on fire. Police investigators say that the attack took place in late October or early November and that a video of the incident was posted by one of the teens on Instagram.

Hard as it is to believe, by making the video publicly available on the Internet the boys appear to have provided the police with precisely the evidence they need to arrest and charge them with animal cruelty. Police say that now that the boys have been arrested and charged the video has since been taken down and will only be shown again if necessary during the criminal trial, with the sheriff’s office maintaining a copy as evidence.

Drunk Iowa Man Arrested After BAC Levels Top The Charts

Published on: January 7, 2014 | On behalf of Arnold & Smith, PLLC

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

A 28-year-old from Iowa City, Iowa recently set records after being arrested for drunk driving. The record was not the number of times he’d been arrested, but was instead the amount of alcohol in his system.

Levi Carter was arrested for driving drunk last Friday at around two in the morning. A passenger tipped off the police to Carter’s intoxication after the two drove off the road and crashed into a street sign. The woman called the cops saying that she’d been injured and needed the assistance of law enforcement.

When cops arrived, the woman told officers that when she at Carter’s home she found him pacing around his basement talking to people that were not there. Carter was unable to hold himself upright and smelled strongly of booze. When police approached Carter he claimed that he was not intoxicated, saying that he had only had two Bud Lights to drink all evening.

Despite his protestations, Carter was unable to perform a standard eye test or any other aspect of the routine field sobriety tests. Cops then got out a Breathalyzer machine and had Carter give a breath sample. The first reading registered a 0.467 BAC. The subsequent tests appear to have broken the machine, with the results only coming back as “HI.” The stunned police officers slapped Carter in handcuffs and took him to jail to sober up. Carter has unsurprisingly been charged with operating a vehicle while intoxicated.

Charlotte Drunk Driving Plea Deal Rejected And Approved By Two Judges Within A Few Hours

Published on: January 2, 2014 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “Are breath test results always accurate?”

In an odd drunk driving case out of Charlotte, a judge in Mecklenburg County recently accepted a plea deal for a driver only several hours after another judge rejected the identical deal.

The plea deal involved a sad case where a passenger was killed in the car driven by Bairon Sandoval. The accident took place last February and Sandoval was initially charged with felony death by vehicle, DWI and lacking a valid driver’s license. His criminal defense attorney was able to reach a deal with prosecutors who agreed to reduce the charge to involuntary manslaughter in exchange for Sandoval serving between 10 and 20 months behind bars.

Sandoval had admitted that he and several friends had spent the evening drinking in a bar prior to driving home with a friend, 20-year-old Tatiana Rivera. Rivera was killed and two other innocent victims were injured in the accident that occurred after Sandoval ran into a tree near the intersection of Tyvola and Old Pineville Roads. Police officers tested Sandoval’s blood and determined his BAC was 0.10 percent, slightly higher than the state’s 0.08 percent legal limit.

Given that the plea deal had been reached between the prosecutor and Sandoval’s attorney, all that remained was to have a judge sign off on the deal, something that is typically only seen as a formality. Such deals are commonplace and save both sides significant time and money, reducing the risks that are inherent in a criminal trial. Despite the deal already being in place, one judge initially disagreed with the plea arrangement, saying that he was not willing to sign off on such a light sentence given that Sandoval’s drunk driving had directly led to another person’s death.

LAPD Announces New Oral Swab To Test For Drugs

Published on: December 31, 2013 | On behalf of Arnold & Smith, PLLC

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

The Los Angeles Police Department made a surprising announcement recently when an official revealed that officers would begin carrying portable devices that can check drivers for drug use. Officials with the police department say that the tool will be rolled out to combat increased instances of drugged driving, often due to medical marijuana usage.

q-tip Charlotte Criminal Lawyer North Carolina DWI Attorney.jpg The new tools, which are swab-testing kits, will be used primarily during DUI checkpoints and in jails to test those who have already been arrested. The department intends to pair the devices with breathalyzers and subject drivers at checkpoints to both a breath test and mouth swab to detect the presence of drugs. The test has been designed to screen for the presence of methamphetamine, cocaine, benzodiazepine, methadone and THC, a component of marijuana.

An LAPD spokesperson said that officers would ask drivers to consent to a swab of their gum line. After the swab has been collected, the tool will then read the fluids and immediately alert officers to the presence of drugs. Previously, such a test would require blood samples taken by nurses, which would then be sent off for analysis.

Police officials have said that the growing prevalence of medical marijuana dispensaries has pushed the department to consider new strategies to detect impaired drivers. Law enforcement authorities say that driving under the influence of drugs, known as drugged driving, is just as dangerous as drunk driving and it will be an important priority of officers in the area to limit the ability of drivers to engage in similarly risky behavior. Officials with the city attorney’s office have said that nearly 600 DUI cases that were filed against LA drivers in the past year concerned the use of drugs, a number they want to see increase given the new technology.