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

A recent and worrisome trend among some police departments should have criminals deleting their Facebook and Instagram accounts. News out of New York indicates that officers in the NYPD are searching for suspects’ photos on Instagram and Facebook then running them through the departments’ sophisticated new facial recognition system.

Profile Pictures Charlotte North Carolina DUI DWI Criminal Defense Lawyer Attorney.jpgExperts say that detectives have begun cracking cases thanks to the technology that links mug shots with pictures pulled off of various social networking websites. Beyond just social networking sites, the facial recognition unit also combs pictures collected from a vast network of surveillance cameras.

In one recent case, a woman complained about having jewelry stolen by the friend of a friend. She had no idea what the man’s name was, but knew she had seen his picture on Facebook. Police then clicked through the social network until they located the picture of the suspect which they then ran through the facial recognition software, coming up with a mug shot, name and eventually an address.

Police say the new futuristic technology has helped them solve dozens of cases. Now even cases with sketchy information, perhaps even just a nickname, is all they need to snoop around on social media and locate a picture which they can then scan and hopefully find a name.

One good example of how the facial recognition software is being used to solve crimes involves the case of several cab drivers who were held up at gunpoint and robbed in the Bronx. Police said the suspect would call for a ride and then jump in the back seat of the cab and flash a weapon, getting away with large amounts of money. A security camera snapshot from one of the cabs showed the suspect’s face, which was then scanned through the facial recognition software. A match was found in less than an hour, linking the image from the cab to an old mug shot.

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

A recent traffic stop in Lincolnton, North Carolina turned up an interesting surprise for the arresting officer: a child’s teddy bear filled with methamphetamine. Rather than serve as a cuddly toy, police say the bear was a vehicle used to smuggle illicit drugs.

Teddy Bear Charlotte North Carolina DUI DWI Criminal Defense Lawyer Attorney.jpgPolice say they pulled over Rigoberto Gomez-Contino early Tuesday morning as part of a routine traffic stop along Highway 321 in Lincolnton. After pulling over Contino, they asked for permission to search the vehicle where they discovered a suspiciously out of place blue teddy bear in the backseat. A quick inspection of the bear uncovered three ounces of methamphetamine hiding inside the stuffed animal. Police then arrested Contino and booked him on drug charges.

In North Carolina, Methamphetamine is classified as a Schedule II Controlled Substance under N.C. Gen. Stat. § 90-90(3)(c). Under North Carolina law Contino now faces an array of possible drug charges, including trafficking in methamphetamine. In North Carolina, someone is guilty of trafficking if that person knowingly sells, manufactures, delivers, transports or possesses methamphetamine. If the person possesses between 28 and 200 grams of meth (Contino had three ounces, so 85 grams) they will face Class F felony charges. A Class F felony carries a minimum sentence of 70 months in prison and a maximum stay of 93 months as well as a minimum $50,000 fine.

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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 very bizarre and tragic case out of Spring Lake, North Carolina, a woman has been charged with first-degree murder in connection to her husband’s death in what at first appeared to have been a simple traffic accident. The single-car accident took place in Harnett County and police were initially not involved, only later launching an investigation after the man’s family revealed suspicious circumstances surrounding his death.

Large Knife Charlotte North Carolina DWI DUI Criminal Defense Attorney Lawyer.jpgPolice initially said that David Worley was involved in a single-car crash on Ray Road when he ran off the side of the road and was thrown from the car after it flipped several times. Police attributed the crash to Worley’s speeding. However, authorities now say the accident was not the cause of the man’s death, but instead wounds that were inflicted on him earlier that afternoon by his wife.

The Harnett County Sherriff’s Office says that the woman, 32-year-old Toni Marsha Talley, has now been charged with first-degree murder in connection with the July 19th death of her husband. According to the sheriff’s office, several members of Worley’s family contacted the funeral home handling the arrangements and voiced serious concerns about the nature of their loved one’s death. Police have said that Worley’s family told the director at the funeral home the man had just been involved in a very bad fight with his wife and they were suspicious about the circumstances surrounding his death.

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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 youth group chaperone in North Carolina has been arrested and charged with a variety of sex crimes involving young boys who were under his care. The arrest came only a few days after the man, Clyde Way, posted a message on Facebook about the good time he had at the religious summer camp.

Kids playing in lake Charlotte North Carolina DUI DWI Criminal Defense Attorney Lawyer.jpgPolice in Albemarle, NC say they have arrested Way after he was accused of sex crimes connected with children from a Baptist church located in Stanly County. The sexual contact is alleged to have taken place in late June at the North Carolina Baptist Assembly in Fort Caswell.

Police say investigators first heard about the case soon after the alleged incidents occurred. Boys between the ages of 10 and 13 came forward and said that Way assaulted them between June 24 and June 29. Way was at the Baptist youth camp as an adult chaperone for his church and not as an employee of the North Carolina Baptist Assembly.

Police say they that after hearing reports of the abuse from the young boys they checked out Way’s Facebook page and noticed a series of messages about the camp. Before leaving, Way wrote a message to his friends that he would be attending the retreat as a youth chaperone, noting that he was “looking forward to a great week of praising the Lord.” After returning home, Way responded to a comment from a friend, saying, “I did have fun.”

Police from the Stanly County and Brunswick County sheriff’s offices worked together to arrest Way. The man has been charged with a total of 24 counts, including 16 counts of first-degree sexual exploitation of a minor and four counts of indecent liberties with a child. He is currently being held in jail on $350,000 secured bond.

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Attorney J. Bradley Smith answering the question: “Do I have to perform the field sobriety tests when I’m pulled over for DWI in NC?”

A woman from Wilmington, NC has ben charged with drunk driving after she hit a child on a scooter earlier this month. The accident happened on the 400 block of Chattooga Place in Wilmington. Police say that an eight-year-old boy was riding in front of his house when the 20-year-old drunk driver approached in her vehicle, colliding with the boy.

Bar Sign Charlotte North Carolina DUI DWI Criminal Defense Attorney Lawyer.jpgPolice say the accident was thankfully not at a high rate of speed, but did cause injuries to the child. Witnesses have revealed that the child was dragged nearly 45 feet before the young driver stopped her car. The child suffered a concussion as well as some cuts and bruises, but is expected to be fine.

According to North Carolina Highway Patrol, the driver blew a 0.08 at the scene of the accident. This was not the official BAC test; that test happened 90 minutes later and resulted in a 0.05 percent reading. Given her age, police say she was charged with DUI and consumption of alcohol by a person under 21.

If you are reading this you might say to yourself, “Wait a minute, I thought the legal limit was 0.08 and the driver’s 0.05 should be below the limit and thus not a crime?” If you were thinking that then you’d only be half right. First off, you are correct that the legal limit for impaired driving in North Carolina is 0.08 percent.

So then how is it right for the driver in this case to be charged with a DUI? Her age opened her up to the criminal charges. North Carolina is one of many states that follow a “zero tolerance” approach to drinking and driving for those under the legal drinking age. That means that any driver under 21 who is found to have any alcohol whatsoever in their system, even 0.01 percent, can still be charged with a DUI.

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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?”

An interesting case in Oregon was recently decided that resulted in one person’s DUI conviction being thrown out and the case remanded for retrial. The defense was an unusual one, but it proved quite effective. In the case, James Newman’s defense attorneys successfully argued that their client was asleep at the time of the incident and thus could not be held legally responsible for his actions.

Comfy Pillow Charlotte North Carolina DUI DWI Criminal Defense Attorney Lawyer 2.jpgThe case began back in 2008 when Newman was arrested in Portland for driving with a blood alcohol level greater than 0.08 percent. Newman was charged with drunk driving and had his case move on to trial where his attorney initially floated the idea that sleepdriving at the time of the arrest was the cause and not his client’s knowing decision to get behind the wheel intoxicated. The lower court judge refused to hear the evidence and convicted Newman of drunk driving. It was only after appealing the case to the Oregon Supreme Court that Newman had a chance to make his case.

Newman’s defense attorney claimed that his client had a lengthy history of sleepwalking and that driving is a similar symptom of his condition. The night of the arrest, Newman knew he would be drinking while out to dinner with friends and purposely chose to walk himself to the restaurant to meet his dinner companions. After dinner, his friends took him home where he says he went to sleep soon thereafter. It was later that night that Newman was spotted driving erratically by Portland police. Newman had his physician willing to testify about his condition and also to explain how a person who is in a sleepwalking or sleepdriving state is incapable of making voluntary decisions given that they are not actually conscious.

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Attorney J. Bradley Smith answering the question: “Is there more than one way for police to convict a DWI?”

In light of the recent controversial decision in the Trayvon Martin case, many people have been discussing the self-defense laws on the books in other states and some may wonder what exactly the law is for those in North Carolina. As of December 1, 2011, North Carolina officially implemented it’s own “Stand Your Ground” law. So what exactly does this mean, keep reading to find out.

Handgun Sights Charlotte North Carolina DUI DWI Criminal Defense Lawyer Attorney.jpgThe Stand Your Ground law in Florida became a critical component of the recent trial of George Zimmerman who shot and killed Trayvon Martin in February of 2012. Zimmerman was charged with second-degree murder in the death of the teen, but argued that he acted in self-defense and should be exempt from prosecution under the state’s Stand Your Ground law. Since his acquittal, many have wondered whether similar arguments could be made if the incident had happened in North Carolina rather than Florida. Though the two states’ laws are not identical, they are very close and the result may have turned out much the same.

Stand Your Ground laws exist in at least 25 states, including North Carolina and Florida. They are not always called the same thing, others are referred to as “Shoot First” laws but they mean essentially the same thing. North Carolina General Statutes Section 14-51.3 says that a person is justified using deadly force and does not first have the duty to retreat in two situations: 1) he or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to yourself or others; or 2) you are located in your home, office or car and fear for your life or the life of another person.

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

North Carolina Department of Transportation officials announced that nearly 1,800 drivers across the state were arrested over the July Fourth holiday period. DOT officials say the huge number of arrests were the result of an important collaboration between the Governor’s Highway Safety Program and state DOT.

Car Keys Charlotte North Carolina DUI DWI Criminal Defense Attorney Lawyer.jpgThe campaign was an attempt by law enforcement officials to make the Independence Day holiday a safe one for North Carolinians. Though police officers say they always watch for drunk drivers, the push was especially intense over the holiday weekend because the Fourth of July is often the deadliest holiday for motorists each year. According to AAA, 20 of the 36 traffic deaths that occurred last year in North Carolina were linked to alcohol use.

The cooperation between the two organizations, officially known as “Operation Firecracker,” led to 1,737 arrests in the days surrounding the Fourth of July. Though this is certainly an enormous number of arrests, it is actually less than the haul last year. DOT officials said last year law enforcement officers arrested just under 2,000 people on drunk driving charges over the July fourth period.

The huge number of arrests over the period is partially due to the increased enforcement efforts and partially due to the presence of alcohol at many summer holiday gatherings. Grilling and drinking often go hand-in-hand and many find a nice way to cool down during such hot weather is to have a cold alcoholic beverage. While this is perfectly fine, it’s critical that you make plans in advance to find a safe way home, either designating a person to stay sober and drive or calling a cab. Doing so avoids the big headache that follows a DWI arrest in North Carolina.

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

Authorities say that two sex offenders in the state were recently arrested in Salisbury, NC for various violations. One offender was arrested after failing to notify the local Rowan County Sherriff’s Office about a change of address and the other for living within 1,00 feet of a childcare center.

Day Care Blocks Charlotte North Carolina Criminal Defense DUI DWI Lawyer Attorney.jpgPolice say they were searching for Phillip Berryman for more than a month after Berryman was found to be living too close to a childcare center. Berryman is now being held under $100,00 bond and has been charged with a sex offender residence violation for living too close to a child care center. This is not the first time Berryman was arrested for a violation of his terms of release. Back in 2006 and 2008 he was jailed for failing to register with authorities. His original sex crime took place in 2005.

Police say they received a tip back in June that Berryman was living too close to the Salisbury Child Care and Fine Arts Center. According to North Carolina General Statute 14-208.16(a), sex offenders in North Carolina are prohibited from residing within 1,000 feet of the property on which a school or childcare facility is located. Once the warrant was issued for his arrest, police say Berryman only made the problem worse by fleeing. The U.S. Marshals Service was then brought in to help track Berryman and ended up locating him a neighboring county.

The second offender recently arrested is Stephen Aydelotte who was charged with failure to register. Aydelotte is a sex offender from Utah who was originally convicted of third degree sexual exploitation of a minor. Aydelotte is in double trouble for having failed to tell Utah authorities that he planned to move to North Carolina in May of last year and then failing to register with North Carolina authorities upon his arrival.

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

The office of the U.S. Attorney announced that it had issued indictments for 17 men and women living in and around Charlotte, NC this past week regarding their involvement in a large-scale methamphetamine trafficking operation. The charges were unsealed earlier this week and the individuals were arrested on Tuesday.

Coffee Filter Charlotte North Carolina Criminal Defense DUI DWI Attorney Lawyer.jpgPolice say the recent indictments were the result of a large-scale, multi-year joint federal and state investigation that targeted those responsible for manufacturing and distributing methamphetamine in Western North Carolina. The 17 people charged in the criminal enterprise were accused of conspiring to distribute, possess, distribute and manufacture more than 500 grams of methamphetamine as well as possession of pseudoephedrine.

Those charged range in age from 21 to 53. Police say that those indicted also possessed a variety of substances to help further their production of meth, including huge supplies of coffee filters, lithium batters and two-liter plastic bottles. When police finally moved on their information to arrest the participants, they ended up shutting down 15 different methamphetamine labs spread across the region.

Authorities say the meth conspiracy charges carry a mandatory minimum sentence of 10 years behind bars and a maximum of life in prison. The charge also includes a potential $10 million fine. Possession of pseudoephedrine comes with a prison term of up to 20 years and a $250,000 fine. Possession of materials to make meth also includes a term of up to 20 years and a $250,000 fine. That means those arrested in the recent bust are facing potentially decades behind bars.

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