Attorney J. Bradley Smith answering the question: “Do I need to hire an attorney if I have been falsely accused?”

In a terribly bizarre case with North Carolina connections, a Baptist minister from Virginia has been sentenced to two year in prison for staging a fake hate crime attack on his own home. The case of Oleander Cuthrell, 41, shocked many in his rural Chesterfield County community who had initially rallied behind the man following his phony attack.

Burning House Charlottel DWI Lawyer North Carolina Criminal Defense Attorney.jpgAuthorities say that Cuthrell, minister of music at Gospel Shepherd Baptist Church, poured oil and gasoline across his rental home and set it on fire to avoid pressing financial obligations. At his sentencing, Cuthrell spoke out saying he was ashamed and embarrassed about his behavior, claiming that it was the most irrational decision of his life.

According to prosecutors, Cuthrell, who is black, spray-painted racial slurs across his rental home to distract police attention from focusing on him as a suspect in the house fire. Cuthrell also set fire to a bottle filled with gasoline inside a BMW parked in front of his house, an attempt to create more evidence that he’d been the innocent victim in a brutal, racially motivated attack. After setting the fires and covering the house in racist scribbles, Cuthrell then went back in the home and climbed into bed, waiting for the house to burn.

Thankfully Cuthrell’s oldest son noticed the fire and was able to put out most of the flames in time for the rest of the family to evacuate. Police and FBI officials investigated the case after Cuthrell reported the fire as a possible hate crime, telling police officers that he had been targeted because of his race. The police investigation quickly revealed holes in Cuthrell’s story and he was arrested soon thereafter.

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

Charlotte-Mecklenburg Police Officers say that nineteen people have been arrested as part of a long-lasting undercover investigation into crime occurring along the I-85 Sugar Creek corridor. The area, dubbed by some in the law enforcement world as Charlotte’s corridor of crime, is the latest target by police officers intent on busting suspected criminals.

Hotel front Charlotte DWI DUI Lawyer North Carolina Criminal Defense Attorney.jpgPolice officials say the current sweep focused in on 22 people and was designed to reduce violent crime in the surrounding areas. Police officers in Charlotte worked in conjunction with federal agents to nab the suspected criminals, beginning their undercover operation earlier in the summer. Authorities say they targeted individuals who were selling drugs or that were known to possess or sell weapons.

Police say rising numbers of criminal incidents in the corridor prompted the action, with reports of drug crimes, robberies and prostitution on the rise. Officers and federal agents worked with those in the community to help make the arrests. Officers were stationed in hotels, gas stations and fast food restaurant parking lots and spent months simply observing what went on around them. The watching was fruitful as police say they spotted numerous people obviously peddling drugs and guns and others engaged in prostitution.

Beyond the criminals who were swept up in the operation, police say they intend to file civil injunctions against some hotels in the corridor, which they believe, serve as the base of operation for some criminals. Officers say of the 19 people arrested, about half are facing state charges while the other half face more serious federal criminal charges. Police are still searching for three other suspects who were targeted in the undercover operation but who they believe may have escaped.

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

Good news for those living in Sylva, North Carolina came early this week when it was announced that residents no longer need to fear discriminatory practices used by the local sheriff’s office. According to a recent statement from the Jackson County Sheriff’s Office, the county will implement changes in the way the department conducts vehicle checkpoints.

Car Tail light Charlotte DWI Lawyer DUI North Carolina Attorney.jpgThe changes come a year after the ACLU launched an investigation into the actions of the department following complaints that the supposed seat belt checkpoints were actually being used to target Latinos. The ACLU said that they received information that at one checkpoint alone, 15 undocumented immigrants were detained and ultimately taken into custody. Thankfully charges against 10 of those arrested were eventually dropped.

According to the civil rights organization, there were complaints by many that the traffic checkpoints were being used as an excuse to check the immigration status of drivers. The Jackson County Sheriff’s Office routinely conducted these checkpoints with the assistance of officers in the federal Immigrations and Customs Enforcement office. The sheriff’s office initially denied the accusations, saying that they existed only to check for seat belt usage. The ACLU pointed out that federal immigration authorities are not needed to conduct a simple seat belt check.

Additionally, the ACLU noted that courts have been clear that there are only limited valid justifications for conducting a traffic checkpoint. For one thing, checkpoints have been found to be illegal when they are conducted for the purpose of general crime control. This is because such a broad purpose violates the Fourth Amendment’s requirement that a police officer must have a specific suspicion of wrongdoing before stopping a vehicle.

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

A recent report published on the site ThinkProgress.org discovered that black people in Durham, North Carolina are more than twice as likely as white people to be searched after being pulled over for speeding. Even more amazing was that the results showed police were three times as likely to arrest a black person after a seat belt violation than they were to arrest a white person.

handcuffs Charlotte DWI Criminal Lawyer DUI Attorney.jpgThe mayor of Durham has responded to the results, saying that he is instituting an investigation into what appears to be clear evidence of racial profiling by police officers. The action was all prompted by the release of a University of North Carolina study that showed how blacks and Hispanics across the state were vastly more likely to be searched following a traffic stop than their white counterparts, something that has alarmed criminal defense attorneys as well as civil rights advocates.

Some critics of police tactics say that the results clearly demonstrate institutional racism on the part of some police departments in North Carolina. These critics point to results which found that black drivers were three times more likely to be arrested following a seat belt violation stop. Hispanics were also dramatically more likely to be arrested when drugs were discovered during a car stop while whites were more likely to receive a citation or a warning.

The results should serve as a stark warning to law enforcement agencies across the state about the danger of allowing bias to influence legal decisions. The results also unfortunately align with the opinion of many minorities who say they often feel profiled by police officers. A recent Gallup survey found that 25 percent of black people recalled feeling as if they had been treated unfairly by a police officer within the last 30 days.

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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 new and bizarre example of how some North Carolina criminals do the dumbest things, two men from Greensboro are in hot legal water after being charged with stealing an unusual item: tube socks.

Tube sock Charlotte DWI DUI Criminal Defense Attorney Lawyer.jpgAccording to the Winston-Salem Journal, the two sock thieves have been charged with stealing $50,000 worth of socks from HanesBrands Inc. The crime allegedly took place out of Hanes’ distribution center located in Kernersville.

Though it’s hard to imagine given that we’re talking about socks, authorities say the two men were caught up in a sting operation. Police had launched an investigation into reports of losses from the Hanes center in Kernersville, with reports of more than $2 million in merchandise going missing over the past two years.

Byron Kearney and his pal Henry Jackson have been charged with felony larceny and felony breaking and entering. The case was cracked thanks to help from the Hanes’ loss prevention department working in conjunction with the local Kernersville Police Department. Hanes installed surveillance cameras and caught the suspects late last month breaking into the facility.

According to a police report, a gate guard let the two men who were driving a large truck into the facility late one Saturday night. The two then began loading their truck with boxes of socks, eventually amassing a quantity large enough that the resale value came to around $50,000. Hanes contacted the police to let them know of the robbery and by a little after 1 a.m. the police had pulled the truck over near I-40 and put Kearney and Jackson in handcuffs.

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

A middle school principal from North Carolina has been arrested and faces charges of sexually assaulting a young male student while his parents waited outside the principal’s office. The shocking case of David Ellis Edwards has made national headlines after his arrest last Friday in Fayetteville.

Apple Charlotte North Carolina DUI DWI Criminal Defense Attorney Lawyer.jpgPolice say Edwards faces charges of second-degree forcible sex, sexual acts with a student, taking indecent liberties with a minor and crimes against nature. The charges relate to incidents that occurred between 2009 and 2011 when Edwards is accused of molesting at least three boys between the ages of 11 and 14. One of the cases involved a middle schooler who was allegedly attacked while his parent sat just outside the door in the waiting area.

Police say Edwards immediately resigned his position at Douglas Byrd Middle School following the arrest. Before taking his position at Douglas Byrd he was principle of Ramsey Street Alternative School. Police say they believe that sexual assaults took place at both schools. Police officials also say that they believe there were more than the three victims and that interviews with other male students are continuing in the hopes of bringing other victims to light.

If a person is convicted of a sexual offense, the reality is that he or she will have to register as a sex offender for at least 10 years, possibly even for life. This means local schools and day care facilities will be informed of your presence when you move into a neighborhood and you will have to contend with a variety of other restrictions. Neighbors will be also able to see your name and your picture. This stigma can impact not only where you are allowed to live but also what kind of job you can get.

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Attorney J. Bradley Smith answering the question: “The person that called the police doesn’t want to press charges”

The District Attorney from Orange County, NC, Jim Woodall, has taken a surprising stand in favor of enforcing the state’s sports agent laws, something that puts Woodall in a very small group of prosecutors willing to bring criminal charges over violation of the laws. Woodall has made targeting those who violated North Carolina’s sports agent laws a priority, pursuing criminal charges against three individuals so far, including a former UNC tutor.

Sports equipment Charlotte North Carolina DUI DWI Criminal Defense Attorney Lawyer.jpgWoodall says that he hopes the trail he is blazing serves as a lesson to other prosecutors and says he hopes other states will follow his attempt at curbing improper agent conduct. Woodall says the activity can be quite harmful to athletes and athletic institutions in the long run and that too many law enforcement officials allow it go on with only a wink and a nod. Woodall says the law is the law and he intends to vigorously uphold it.

So far, criminal charges have been brought against several agents and a former tutor who are all accused of providing cash and other benefits to former UNC football players. One agent from Georgia, Terry Watson, faces 13 counts of “athlete-agent inducement” involving three current NFL players and one charge for obstruction of justice. Watson stands accused of giving nearly $24,000 in gifts in 2010 in an attempt to sign them. The former tutor, Jennifer Wiley Thompson faces four counts of providing benefits to a current NFL player. Finally, Patrick Jones, a real estate agent from Georgia, has been charged with violating the state’s sports agent law for providing $725 to a former UNC football player to entice the player to sign with Watson.

The conduct of the three violates the state’s Uniform Athlete Agents Act, which says all agents must register with the Secretary of State. The law also prohibits agents from offering gifts to athletes as an attempt to encourage the signing of representation agreements. Woodall says that though only three people have been charged, other indictments remain under seal.

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

A recent New York Times article delved into the issue of for-profit websites that exist to catalog the embarrassing mug shots of everyone from celebrities to Average Joes. The article set off a firestorm after it revealed some surprising information about how the websites operate, specifically with regard to their takedown procedures.

Mugshot Charlotte North Carolina DUI DWI Criminal Defense Attorney Lawyer.jpgA Bloomberg article discussed the fallout from the article, which profiled several people whose reputations were damaged by the mug shot websites holding onto their images years after they had officially paid their debts to society. The article noted how the sites scoop up thousands of mug shots every day and hold onto them seemingly forever, despite the fact that many of these people are ultimately found innocent or have their charges dropped. Even if a person’s criminal record is wiped clean, that has not stopped the mug shot aggregators from continuing to haunt a person’s online reputation for the foreseeable future.
The Bloomberg article notes that one issue that stirred up some of the most heated reaction was the way that the sites handle requests to remove a person’s mug shot. Apparently these takedown requests have little to do with a person’s innocence, and instead depend on how much money you are willing to pay. The sites will agree to remove your mug shot for a fee, with the amount ranging between $30 and $400 dollars.

Many people were outraged by what some argue amounts to extortion and some action has thankfully been taken against some of the sites. For one thing, an attorney in Ohio has launched a class-action suit against several mug shot sites, arguing that the sites violate state laws regarding privacy and extortion. Lawmakers in Georgia, Utah and Oregon have passed laws that mandate the sites remove pictures for free when a person is able to submit proof that they were found innocent of the charges or that their records have been expunged.

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

A spokesperson for the Charlotte Douglas International Airport has revealed that workers at the airport frequently search cars that travelers leave at valet parking. The revelation came as similar reports have surfaced at other airports across the country, with many people expressing outrage at the warrantless invasions of privacy.

Airport Charlotte North Carolina DUI DWI Criminal Defense Attorney Lawyer.jpgAccording to the aviation director at Charlotte Douglas, any vehicle that is dropped off at the airport’s curbside is subject to being searched. The airport admitted this is something it has been doing for the past year-and-a-half. The airport says that this is part of the facility’s security plan and has been approved of by the Transportation Security Administration (TSA). Airport officials admit that no signs are currently posted alerting passengers to the possibility that their cars may be searched, but say that are now planning on installing such signs.

Security experts say they searches are justified because of how close valeted cars are to the airports themselves. These people claim that because valeted cars are considered dangerously close to the airport that they ought to be searched for potentially deadly devices including bombs that could put other travelers in danger.

The problem with this rationale is that these searches may be a violation of individuals’ Fourth Amendment rights. Not only is the car’s interior being searched, but valets are being told to go through the trunks of the unattended cars as well. Even more alarming is that if a valet attendant finds something illegal but not dangerous, like drugs, the attendant is under orders to alert the police.

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

Police in Greenwood, South Carolina say that two people are facing criminal charges after a man made the decision to pick up a prostitute in a church parking lot. Greenwood City Police say that they had received dozens of complaints about a local woman prostituting herself from her house, which is located behind a church.

Bible praying Charlotte North Carolina DUI DWI Criminal Defense Attorney Lawyer.jpgAfter receiving repeated complaints, police say they launched an investigation into the matter and shortly thereafter spotted a man, Robert Morgan, picking up the woman in the parking lot of the church. Authorities say that 22-year-old Jessica Blackmon got into Morgan’s car and then drove to a convenience store and finally to a private residence in the area.

Police then moved in on the residence where Morgan, visibly nervous, answered the door. Before police could even say a word, Morgan began repeating that he did not want to go to jail. Morgan then claimed that he only met Blackmon by accident, saying that he was out looking for a friend when Blackmon flagged him down and asked him to take her to a store so she could buy condoms.

For her part, Blackmon agreed that Morgan had not come looking for sex; instead, she said he was there to buy crack cocaine from a local dealer. Blackmon also claimed that she was not prostituting herself and that she had simply asked Morgan to take her to the nearby store so she could buy cigarettes and a tampon, though after repeated police questioning she did admit to purchasing a condom.

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