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

A recent article in the Huffington Post dealt with the issue of some state crime labs being impacted by the danger of cognitive bias. The author of the study notes that when crime lab analysts report to a state police agency or the attorney general, they can feel co-opted to be part of the state’s criminal justice team. The problem with this is that the crime lab should not be on anyone’s side, but instead neutrally review and analyze evidence.

Test Tube Rack Charlotte North Carolina DUI DWI Criminal Defense Attorney Lawyer.jpgA recent piece in the journal Criminal Justice Ethics deals with a related theme, how the current criminal justice system financially incentives wrongful convictions. Specifically, the article noted how crime labs in many states are actually funded through court fees, something that the authors say act as a channel for bias to enter the crime lab analysis.

In some states, the crime labs actually receive money for each criminal conviction. For instance, some crime labs depend solely on conviction money for their funding, with a crime lab in rural Louisiana receiving $10 for every guilty plea or verdict from each speeding ticket and $50 from DWI cases. Illinois crime labs earn money after convictions for sex offenses and drug crimes while Mississippi crime labs are paid after convictions for crimes including arson, DWI and aiding suicide.

Something that may surprise residents of North Carolina is that the state is named as being one of these locations where bias can be created due to the funding structure of the state’s crime lab. North Carolina law says that judges in the state are empowered to assess a $600 fee to those who have been convicted of various crimes to help pay for the services of a state or local crime lab. Such fees can be assessed whenever a lab performs DNA analysis of a crime, tests bodily fluids for the presence of alcohol or drugs or analyze any substance possessed by the defendant.

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

A South Carolina woman with passionate tastes in music allegedly stabbed her roommate multiple times after the 64-year-old man refused to stop playing the Eagles on repeat. According to police in North Charleston, a domestic altercation between 54-year-old Vernett Bader and her roommate began after a long night of drinking between the two and the roommate’s brother.

Record Charlotte North Carolina DUI DWI Criminal Defense Attorney Lawyer.jpgAccording to authorities, Bader was at her home late Monday night when her roommate and his brother were in the living room, drinking and watching a loop of classic rock songs by the Eagles on the television. Bader apparently grew weary of hearing “Hotel California” blasted over and over again and told the two men to turn off the music.

Police say Bader’s request prompted the roommate to tell her to shut up, an ill-timed remark that sent Bader into the kitchen to grab a steak knife. Her roommate was thankfully alert and was able to wrestle the first weapon away from Bader. However, Bader was undeterred and simply went back into the kitchen and this time returned with a 14-inch serrated bread knife. This time police say Bader stabbed her roommate multiple times.

Though police reports indicate that Bader admits to stabbing her roommate with the bread knife, she claims the attack was actually in self-defense. Bader says her roommate was choking her at the time she stabbed him. Police at the scene of the domestic dispute said they saw no marks on Bader’s neck or any other signs consistent with strangulation.

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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 bizarre episode earlier this month, police say four people were shot at an anti-violence rally sponsored by the Mothers of Murdered Offspring. Police say the vigil, meant to commemorate lost loved ones, occurred near Pinckney and Matheson Avenues in the Villa Heights neighborhood of Charlotte.

Bullets Charlotte North Carolina DUI DWI Criminal Defense Attorney Lawyer.jpgAccording to the Mothers of Murdered Offspring, the vigil was taking place to call attention to the recent death of a Charlotte man who police say was shot and killed when he attempted to rob a convenience store. About 50 people were gathered to honor the man killed in the shooting when, at around 10:30 p.m., gunshots erupted.

Authorities have so far revealed that four people were shot and wounded in the gunfire, including an 11-year-old boy. Thankfully, authorities say none of the injuries were life threatening. CMPD says they were called to the scene when a participant in the vigil called 911 to report that someone in the group had pulled a gun and began firing at those gathered.

Police said when they arrived on the scene most of the crowd had scattered and they had to spend time tracking down witnesses and taking statements. Some property damage occurred as a result of the shooting, with tires and windows being shot out of several nearby cars. Police say an investigation into the episode is still ongoing. So far no arrests have been made.

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

An officer with the Charlotte-Mecklenburg Police Department has been charged with voluntary manslaughter and is now in custody after authorities say he was involved in the fatal shooting of an unarmed man over the weekend.

Police Lights Charlotte North Carolina DUI DWI Criminal Defense Attorney Lawyer.jpgAccording to a spokesperson for the department, Officer Randall Kerrick, is now in custody after the victim, 24-year-old Jonathan Ferrell, was killed during an encounter with police after wrecking his car. The police department conducted an investigation after the deadly shooting and determined Kerrick’s actions were excessive, saying that Kerrick did not have the authority to discharge his weapon during the encounter.

The deadly exchange began when Ferrell’s car crashed into the woods off Reedy Creek Road. The accident was a serious one and Ferrell was forced to crawl out the back windshield of his car. Police have not yet determined the cause of the crash or the severity of the injuries Ferrell sustained as a result. After escaping the wreckage, Ferrell walked to a nearby home, about a half-mile from the accident scene, where be banged on the door. The woman at home thought Ferrell was attempting to rob the house and called police.

Officer Kerrick, as well as two other police officers, arrived at the home a little after 2:30 a.m., believing they were responding to an attempted break-in. Authorities say after surrounding Ferrell, the man charged the officers with one person unsuccessfully firing a Taser at Ferrell. After the Taser missed, Kerrick opened fire 12 times, shooting Ferrell 10 times and killing him almost immediately.

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

Most people would be surprised to hear that a recent DEA (U.S. Drug Enforcement Administration) seizure of $814.22 received much if any attention. After all, the DEA is used to handling vast sums of money from drug kingpins and other crafty criminals. So why did the three-figure seizure make headlines not only around the country but even around the world? Because the seizure was actually of an electronic currency known as Bitcoin and the seizure marked the first time any American law enforcement agency had ever confiscated a Bitcoin, something many experts believe may be the beginning of a new push into some shady areas of the internet.

Bitcoin symbol Charlotte North Carolina Criminal Defense DUI DWI Attorney Lawyer.pngTo be a bit more precise, the DEA actually revealed that it seized 11.02 BTC (the abbreviation for Bitcoin), something that at the time amounted to $814.22. According to an online Bitcoin conversion website that same amount of Bitcoin today would be worth $1,524.29, a difference that reveals just how rapidly Bitcoin’s value can shift.

So why did the DEA seize the money in the first place? The agency has been relatively quiet about the incident but news reports have revealed that the DEA was targeting a site known as the “Silk Road”, a website full of illicit products like drugs, prescriptions and weaponry that can only be accessed through what’s known as the TOR network. The system runs in the background of the web that most people interact with everyday and has earned the nickname the “deep web” given it’s anonymity and inaccessibility.

News reports indicate that the Bitcoin were taken from an Eric Daniel Hughes, a South Carolina man who law enforcement officials believe was behind the online persona “Casey Jones” on the Silk Road site. Casey Jones sold prescription painkillers and other narcotics and the DEA bust is believed to be the first shot across the bow by law enforcement officials eager to try and tame the wildness of the deep web.

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

One federal court judge issued an important opinion recently that will help to counter the federal government’s attempt to comb through the emails and other online actions of Americans. What is even more surprising about the case is that the judge specified that restrictions should be imposed even as part of specific criminal investigations.

Through the keyhole Charlote North Carolina DWI DUI Criminal Defense Traffic Attorney Lawyer.jpgMagistrate Judge David Waxse took the unusual step of denying a governmental search warrant request according to a recent Yahoo article. According to news reports, law enforcement officials had asked for permission to access all emails, instant messages, chat records and other online communications from a range of popular online companies for a group of people the government believed were involved in stealing computer equipment from Sprint. The warrant asked for permission to sift through Google, Yahoo, Verizon, Skype and GoDaddy records for the group of suspects, a request that could potentially yield massive amounts of evidence against the suspected wrongdoers.

Rather than simply rubber stamp the warrant request, Judge Waxse said he was disturbed. Waxse said that the request represented an enormous overreach on the part of federal authorities and was in no way narrowly tailored to target information relevant to the alleged computer theft. Instead, Waxse said that the request was similar to if the government had asked the post office to turn over any and all mail that was ever sent or delivered to a certain person. The request would allow investigators free rein to poke through a person’s most private correspondence, much of which would have nothing to do with the crime in question.

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

In a shocking statistic that would likely stun most North Carolinians, 1.5 million out of the state’s 9.5 million residents had a criminal record at the end of 2010. Even more amazing is that according to the federal Bureau of Justice Statistics, North Carolina saw a 30 percent increase in the number of residents with criminal records between 2006 and 2008.

Eraser Charlotte North Carolina DUI DWI Criminal Defense Lawyer Attorney.jpgThankfully, recent reforms have helped stem the rising tide, and between 2008 and 2010 the total number of people with criminal records actually fell by one percent. How does that happen? Thanks to efforts by lawmakers to create new ways for people to erase and expunge their old criminal records. Recent efforts which allow adults to expunge first-time nonviolent misdemeanor crimes or low-level felony convictions have helped allow some people to clear their records and pave the way for a better future.

The recent push to allow for expungement of old criminal records is based on the understanding that even old convictions or charges can seriously harm an individual’s ability to be successful. After the recession began, hiring became a much more difficult process and many people discovered that even convictions from decades ago were enough to cause them to lose job opportunities. Given the ease of conducting criminal background checks, almost all employers and landlords are finding out about previous legal trouble. Rather than only deny those who recently committed violent felonies, these landlords and bosses are denying people with decades-old arrests on their records. Beyond lost jobs and difficulty securing housing, criminal records can also lead to the loss of public benefits, state license and can even interfere with child custody cases.

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

A new law signed last week by North Carolina Governor Pat McCrory will allow students at public universities in North Carolina to hire an attorney to help guide them through the difficult and confusing process of handling disciplinary charges. Experts say the law could change the tone of such disciplinary hearings at schools across the state as students will now have the right to lawyer-up.

Graduation Charlotte North Carolina DUI DWI Criminal Defense Lawyer Attorney.jpgPrior to passage of the law, students were only allowed to have an attorney informally advise them. Lawyers were generally barred from presenting evidence during the hearings, cross-examining witnesses or in any way representing the student during the disciplinary actions.

The new law applies across a wide range of student conduct issues, but specifically excludes cases concerning academic conduct; an area lawmakers felt attorneys were not needed. The law says that students at public schools now are permitted to hire an attorney at their own expense as well as to allow other non-attorney advocates to participate in the disciplinary process. The law would include things like campus judicial hearings involving sexual assault on campus; serious issues that require experienced criminal defense attorneys.

Experts have said that North Carolina’s law is likely the first in the country to extend legal representation options to students facing disciplinary proceedings in college. The bill has been pushed in previous legislative sessions but always got tied up. This year lawmakers decided to make the issue a priority and successfully passed the measure.

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

It’s not too often that meth manufacturers call the cops on themselves. A recent article in the Huffington Post should serve as a good example to would be drug dealers of what kind of excuse not to use. The article discussed how three North Carolina men got themselves into hot water by calling 911 to come and rescue them after getting lost in the woods.

Hand on Glass Charlotte North Carolina Criminal Defense DUI DWI Attorney Lawyer.jpgAccording to authorities, three men hiked off into the woods in rural Caldwell County over the weekend. Late Monday night the local sheriff’s office received a 911 call from Sonny Hyatt, who told dispatchers he and his two friends, Thomas Imler and Eric Schmidt, were lost in the woods. Authorities tracked down Hyatt using the GPS coordinates in his cellphone and rescued the three men.

It didn’t take long before deputies say they started wondering why exactly the three men were in the woods in the middle of the night in the first place. Hyatt apparently chimed in claiming that he and his buddies were in the woods looking for ghosts, saying they had heard stories that the woods were haunted and were in search of paranormal activity.

Police investigators apparently did not fall for the story and continued questioning Hyatt. After a bit more intense interrogation, Hyatt finally cracked and admitted that he and his friends had actually gone into the forest to cook up meth. Apparently their meth recipe failed to work and the three men then got into an argument. After the argument they split up and got lost, leading to the frantic 911 phone call.

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

In an interesting case that was just decided this week in Raleigh, a state appeals court panel held that North Carolina’s current requirement that sex offenders be banned from social networking sites is unconstitutional. Specifically, the North Carolina appeals court decided that banning registered sex offenders from commercial networking sites such as Facebook amounts to an unconstitutional violation of the offenders’ free speech rights.

Laptop Charlotte North Carolina DUI DWI Criminal Defense Attorney Lawyer.jpgThe panel of three judges decided Tuesday that North Carolina’s 2008 law on the subject, the “Protect Children From Sexual Predators Act” is too vague. The panel noted that the law broadly denies sex offenders the right to participate in a wide range of online activities without any attempt to explain how the blanket ban protects others.

The ruling about the unconstitutionality of the social media ban came as part of a case where the judges unanimously voted to overturn the conviction of a man from Durham who had been charged with creating a Facebook profile page. The offender’s attorney successfully argued before the Court of Appeals that the 2008 law was not narrowly written to serve any legitimate government interest. Moreover, the offender’s attorney claimed that the way the law had been interpreted meant that convicts would be prohibited from engaging in even simple Internet activity, even a Google search.

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