Charlotte Criminal Lawyer Blog

DEA Makes Headlines For Seizing $814.22 :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

Published on: August 29, 2013 | On behalf of Arnold & Smith, PLLC

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.png To 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.

Federal Judge Slams Law Enforcement For Electronic Invasion Of Privacy :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

Published on: August 27, 2013 | On behalf of Arnold & Smith, PLLC

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.jpg Magistrate 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.

North Carolina Laws Allow People To Clear Old Criminal Records :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

Published on: August 22, 2013 | On behalf of Arnold & Smith, PLLC

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.jpg Thankfully, 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.

New North Carolina Law Permits Attorneys In College Disciplinary Actions :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

Published on: August 20, 2013 | On behalf of Arnold & Smith, PLLC

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.jpg Prior 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.

Lost Meth Manufacturers Call 911 Claiming They Were Ghost Hunting :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

Published on: August 15, 2013 | On behalf of Arnold & Smith, PLLC

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.jpg According 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.

North Carolina Court of Appeals Strikes Down Social Networking Ban For Sex Offenders :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

Published on: August 13, 2013 | 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?”

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.jpg The 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.

Police Departments Use Facial Recognition Software To Scan Social Media Sites :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

Published on: August 8, 2013 | On behalf of Arnold & Smith, PLLC

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.

Experts 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.

Meth-Filled Teddy Bear Confiscated During North Carolina Traffic Stop :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

Published on: August 6, 2013 | On behalf of Arnold & Smith, PLLC

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.jpg Police 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.

Last Minute Tip Leads To First-Degree Murder Charges For Grieving North Carolina Wife :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

Published on: August 1, 2013 | On behalf of Arnold & Smith, PLLC

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.jpg Police 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.

North Carolina Man Arrested For Sex Crimes After Chaperoning Youth Summer Camp :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

Published on: July 30, 2013 | On behalf of Arnold & Smith, PLLC

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.jpg Police 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.