Charlotte Criminal Lawyer Blog

North Carolina Solider And Wife Behind Bars For Crimes Against Nature :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

Published on: September 26, 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?”

A couple from North Carolina is in hot water this morning after both were charged with multiple crimes related to a pornographic video they recorded with their family pets. According to police in Raeford, North Carolina, Ruben Fox, a soldier with the 82ndAirborne Division, and Amber Fox were both charged with crimes against nature, including bestiality, disseminating obscene materials and conspiracy. The wife has also been charged with soliciting a crime against nature given her role in the video.

Camcorder Charlotte North Carolina DUI DWI Criminal Defense Attorney Lawyer.jpg Police say their crime unraveled when officers with a cybercrime unit in Fairfax County, Virginia noticed a video several weeks ago that had been posted online showing the two engaging in sex acts with several dogs. The couple is accused of making the video at home and then sharing it through a website devoted to such acts.

Police in Fairfax County say they contacted police in Raeford who then began investigating the matter. Raeford authorities seized two recording devices and computer hard drivers from the couple’s home this weekend. Police say they also removed two dogs and three cats from the home and placed them with a nearby animal shelter.

Given the seriousness of the crime, the couple will likely need the help of an experienced North Carolina criminal defense attorney. North Carolina General Statutes Section 14-177 deals with “crimes against nature” and it says that it is a Class I felony to commit a crime against nature “with mankind or beast.” This means that if convicted, the couple faces between three and 12 months behind bars.

Iowa Issues Concealed Carry Permit To Blind Man :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

Published on: September 24, 2013 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “I was found not guilty of a charge, but my record still shows the charge.”

In a move that has sparked concern among some of the staunchest gun advocates, Iowa law enforcement officials have said that they will begin issuing gun permits to the blind. The gun permits will mean that blind individuals are allowed to purchase and carry weapons in public.

Vision Test Chart Charlotte North Carolina DUI DWI Criminal Defense Attorney Lawyer.jpg According to officials with the state, the law is clear that local sheriffs do not have the legal right to deny any Iowan the right to carry a gun based on a physical disability. The news has some blind gun owners rejoicing including one man, Michael Barber, who told reporters at an Iowa gun store that he was thrilled with the news. Barber said, “When you shoot a gun, you take it out and point and shoot, and I don’t necessarily think eyesight is necessary.”

Other disability advocates say that denying individuals the right to bear arms due to eyesight trouble violates the Americans with Disabilities Act, which prohibits different treatment based on physical disabilities. The National Federation for the Blind issued a statement in support of the Iowa measure, saying that with proper training blind people can be taught how to safely use guns. Moreover, the group noted that blind people have enough common sense to know when using a weapon would endanger others.

Though Barber may be happy to be able to legally carry his weapons, local sheriffs so far are split on the wisdom of the measure, with some saying they endorse the idea while others are more apprehensive. County Sheriff John LeClere spoke for the latter group when he said, “If you see nothing but a blurry mass in front of you, then I would say you probably shouldn’t be shooting.”

Prescription Pill Pilfering Problem For Police :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

Published on: September 19, 2013 | On behalf of Arnold & Smith, PLLC

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

“Hold onto your pills!” That’s the message from North Carolina law enforcement officials for residents of assisted living facilities across the state. According to the State Bureau of Investigation, pill thieves across North Carolina better be on the lookout because 11 agents have been assigned by the Bureau to specifically track missing prescription drugs.

Bottle of pills Charlotte North Carolina DUI DWI Criminal Defense Attorney Lawyer.jpg The SBI says that its agents are focusing on doctors, nurses and pharmacists as well as other health care workers that might be involved in diverting prescription drugs from patients who desperately need the medicine. According to authorities, painkillers are the most often stolen drugs and the central focus for ongoing law enforcement efforts.

Police in Asheville have revealed that they have already investigated 20 cases of prescription drug diversion in the first seven months of 2013, compared to a total of 17 cases all of last year. Though that number already seems high, officials say the real number of incidents is easily twice as high. One area where law enforcement officials believe drugs frequently go missing is among traveling nurses. SBI Agent Ken Razza says that many nurses have little or no supervision and that the medications they carry are frequently kept in the open.

Another center of prescription drug diversion is in assisted living homes across the state. SBI officials say they are working with operators of such facilities to put new procedures in place to stop prescription thefts from happening. For instance, assisted living homes have begun drawing up regulations that ensure that only licensed nurses ever handle drugs and that two nurses are present whenever medication is actually dispensed. The SBI encourages painkillers to be kept locked in a special container which can only be unlocked by an off-site pharmacist by computer command.

Mom In North Carolina Facing Hate Crime Charges After Attacking Gay Son :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

Published on: September 17, 2013 | On behalf of Arnold & Smith, PLLC

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

In a tragic case out of rural North Carolina, a woman from Whiteville is now facing possible hate crime charges after attacking one of her sons for being gay. According to police, the already horrific crime is even more heartbreaking given that the woman also ordered her other son to participate in the attack.

Police in Whiteville, NC say that received a call over the weekend about a domestic dispute in Mary Gowans’ home. When they arrived they found a chaotic scene with multiple people screaming. Police say that Gowans had forced her 15-year-old son to strip down to his underwear when she then attacked him with a belt, causing severe injuries and large lacerations across his body. Gowans then ordered her 12-year-old son to take over and continue beating the older boy due to his sexual orientation.

When police arrived and separated the family members, the older boy told officers that his mother had attacked him after finding out that her son was gay. Gowans denies the account, claiming that her son was molested by an older gay man and that she was merely punishing him for leaving the house. Police say no charges have been filed against anyone in connection to the alleged molestation. For her part, Gowans has been charged with misdemeanor child abuse and social workers have also gotten involved. Prosecutors say they are currently debating charging the woman with a hate crime.

Article Notes Concern Over North Carolina’s Crime Lab Receiving Fees For Convictions :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

Published on: September 12, 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 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.jpg A 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.

Carolina Woman Stabs Roomie Over Bad Taste In Music :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

Published on: September 10, 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 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.jpg According 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.

Charlotte Anti-Violence Candlelight Vigil Interrupted By Gunfire :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

Published on: September 5, 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 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.jpg According 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.

Charlotte Police Officer Faces Manslaughter Charges After Shooting Unarmed Man :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

Published on: September 3, 2013 | On behalf of Arnold & Smith, PLLC

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.jpg According 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.

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.