Charlotte Criminal Lawyer Blog
Attorney J. Bradley Smith answering the question: “A past conviction is keeping me from finding work what can I do?”
In an important divided criminal law decision released earlier this week, the U.S. Supreme Court voted 5-4 to say that silence can be used against defendants in certain circumstances.
The case involves a horrible 1992 Texas double murder case where the suspect voluntarily answered police questions for nearly an hour. However, as the police asked more incriminating questions about shotgun shells found at the scene, the suspect stopped talking. Prosecutors later used Salinas’ silence against him and portrayed it as evidence of his guilt. The strategy worked like a charm for prosecutors and Salinas was found guilty.
Most people know that once a person has been arrested and read their Miranda rights, they have a right to remain silent and that silence cannot be used against them. Other Supreme Court cases have held that if a person declines to testify during a criminal trial the prosecutors are not allowed to use that decision against the defendant by negatively mentioning it to the jury. The issue in this case was whether such silence could be attacked if it occurred prior to an arrest.
Justice Alito wrote for the majority and said that the Fifth Amendment, which says a person cannot be compelled to be a witness against himself, clearly gives defendants the right to remain silent. However, the majority of the Court said that the right to remain silent is not “self-executing” and that it must be claimed for it to be used. In this case, the justices decided that because Salinas failed to properly invoke his right that his silence was properly used against him.
A spokesperson for the Central Division of CMPD says that officers will be working hard over the coming days and weeks to impress upon people that the bus station is for catching a bus and nothing more. The spokesperson said the department’s position is clear that those interested in loitering can go elsewhere to hang out.
The accident left two troopers injured as they tried to escape the accident. Willis’ nine-year-old child was thankfully not injured in the accident. Police say when they ran to the car after the accident they were able to detect the smell of alcohol on Willis’ breath and asked him to submit to a breathalyzer test. Willis blew a 0.14 percent BAC, well above North Carolina’s legal limit of 0.08.
Surprisingly, Bynner is the third person to be charged with crimes against nature in North Carolina since March. Just last month, a 21-year-old man from Wake County was arrested and charged with four felony counts of crimes against nature. The man, Seadon Collins Henrich was a volunteer at the Wake County animal shelter and was also charged with three felony counts of disseminating obscenity. Police say Henrich abused several dogs in his care and then took photographs of the incidents.
In a related incident, police also charged Moore with assault for attacking a man. Moore allegedly hit and punched the man with her fist, causing numerous bruises across his face and body. The woman is currently in Cleveland County jail and authorities say they do not believe she has hired a criminal defense attorney.