Charlotte Criminal Lawyer Blog

ACLU Says Racial Bias Exists In North Carolina Marijuana Possession Arrests :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

Published on: June 11, 2013 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “What am I obligated to do if I’ve been pulled for Drinking and Driving?”

According to a recent ACLU report, the State of North Carolina spent over $55 million enforcing marijuana possession laws in 2010. The civil rights group pointed out that not only did this represent a large share of police resources wasted on relatively minor crimes, but that the impact of the marijuana enforcement was often discriminatory.

By analyzing arrest reports, the ACLU discovered that African Americans in North Carolina were arrested for marijuana possession at 3.4 times the rate of whites, this despite comparable marijuana usage rates. The report, known as Marijuana in Black and White: Billions of Dollars Wasted on Racially Biased Arrests, was released earlier this month and examined marijuana arrests rates by race. Marijuana Charlotte North Carolina DWI DUI Criminal Defense Attorney Lawyer.jpg

The survey found that law enforcement officers in North Carolina made nearly 21,000 arrests in 2010, ranking North Carolina 10th in the nation for pot arrests. The numbers also meant that marijuana possession arrests made up over half (53.6 percent) of all drug arrests in the state. A full 50 percent of those arrested for marijuana possession in North Carolina were African American, despite African Americans making up only 22 percent of the state’s population.

The ACLU says the results are clear: the state’s war on drugs has disproportionately harmed people of color. The organization says police agencies across the state selectively enforce marijuana possession laws against certain black and minority communities which ends up costing the state tens of millions of dollars incarcerating people with few positive results.

Charlotte Police Crack Down On Crimes At Transit Center :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

Published on: June 6, 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 recent news report revealed that far too many crimes are occurring at the Charlotte CATS transit center. The bus station in Uptown has become something of a hangout destination for some unsavory groups, which has led to increasing incidents of crime. Now that the issue has been raised publicly, Charlotte-Mecklenburg PD says they will aggressively work to stamp it out.

Skyline Charlotte North Carolina DUI DWI Criminal Defense Attorney.jpg 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.

CMPD Captain Mike Campagna said that after receiving reports of various criminal activities, the police approached Allied Barton, the private security company that CATS contracts out work to. The two organizations are launching a joint effort to put a stop to loitering at the bus terminal and, hopefully, the petty crime that results from all the loitering.

North Carolina Men Arrested After Trying To Steal A Motorcycle From A Crime Scene :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

Published on: June 4, 2013 | On behalf of Arnold & Smith, PLLC

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

In a sad case out of Lincoln County, police say that two men in the area have been arrested and charged with trying to steal a motorcycle from the home of a woman who had just been shot to death. motorcycle Charlotte North Carolina DUI DWI Criminal Defense Attorney.jpg

The Lincoln County Sheriff’s Office says that the two men, Britt Fender and Wesley David Bollinger, were spotted trying to run off with the expensive Harley Davidson that was located inside an outbuilding on the woman’s property. The motorcycle belonged to Terry White, a man who had just been charged with first-degree murder for the death of his wife. Police say they believe the two men knew about the murder and believed the house presented an easy target since no one was around.

Both Fender and Bollinger have since been charged with felony breaking and entering a building, larceny and possession of stolen goods. Authorities say the two are free on a $10,000 secured bond and neither yet has a North Carolina criminal defense attorney.

Under North Carolina General Statutes § 14-54, it is a crime to “break or enter any building.” Plain old breaking or entering is a misdemeanor, but if the crime is committed with the intent to commit larceny or a felony in the building, the offense is a felony. The statute actually defines a “building” as “any dwelling, dwelling house, uninhabited house, building under construction, building within the curtilage of a dwelling house, and any other structure designed to house or secure within it any activity or property.” The law says that anyone found to breaks into any building with intent to commit any felony or larceny shall be punished as a Class H felon.

North Carolina Man Charged With DWI After Crashing Into State Troopers With Child In Back Seat :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

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

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

Officials in North Carolina say they have arrested a man and charged him with drunk driving after he crashed into four state trooper vehicles with a child in the back seat. The accident happened over the weekend at a NASCAR race and ended with Patrick Willis behind bars.

Police say Willis crashed into four patrol cars that were parked for traffic duty at the NASCAR race. The accident happened a little before 3:30 p.m. when Willis was exiting I-485 to U.S. 29 and failed to slow down at the top of the ramp. Police say he then smashed into a concrete curb at the top of the ramp and struck the vehicles as he crossed U.S. 29.

Baby on board sign Charlotte Criminal Defense DUI DWI Lawyer Attorney.jpg 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.

Police say the accident led to charges of DWI, reckless driving and child abuse. What many people may not understand is that in North Carolina it is seen as an aggravating factor if a drunk driver has a passenger in the car less than 18 years of age. North Carolina General Statutes § 20-179(c)(4) says that any driver that has a person under the age of 18 in the vehicle with them, is automatically looking at a Level 1 punishment. Level 1 punishment carries with it a maximum of 2 years in jail (and a minimum of 30 days), along with a fine of up to $4,000.00. Any person convicted of a Level 1 DWI sentencing in North Carolina is also unable to get a limited driving privilege during the period of their driver’s license revocation for the DWI.

Supreme Court Opens Door For Increased DNA Sampling :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

Published on: May 28, 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?”

Earlier this week the U.S. Supreme Court handed down an important decision regarding the ability of police officers to take DNA cheek swabs of those arrested but not yet convicted of a crime. The Court said that states are permitted to take these DNA samples, equating them with already commonplace practices such as photographing and fingerprinting.

Prior to the ruling the majority of states already had some form of DNA collection in place. The news by the Court means that the hundreds of thousands of samples in North Carolina’s existing DNA database, started in 1994, will be allowed to continue growing. Though the database has been around for several decades, it wasn’t until 2011 that police agencies across the state were required to start collecting DNA samples from suspects. Mouth Swab Charlotte DUI DWI Criminal Defense Attorney Lawyer.jpg

In the case before the Court, the justices ultimately decided there was little difference between taking a DNA sample from a suspect and taking a fingerprint. The case revolved around a Maryland man who was arrested on assault charges and who had DNA collected which tied him to a rape case from six years earlier. The man appealed, claiming the DNA collection violated his Fourth Amendment rights and a Maryland court overturned his conviction. A 5-4 majority on the Supreme Court disagreed and reinstated the man’s sentence.

Several North Carolinians Charged With “Crimes Against Nature” In Last Two Months :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

Published on: May 23, 2013 | On behalf of Arnold & Smith, PLLC

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

A North Carolina man was arrested and charged with sexually abusing a Chihuahua dog this past week. According to local news reports, the 24-year-old man, Jeffrey Edward Bynner, was arrested at 12:41 a.m. and charged with “crimes against nature.”

According to the police arrest warrant, Bynner, allegedly committed “abominable and detestable crimes against nature with a Chihuahua dog” sometime in March. The man is currently in jail on a $10,000 bond.

Hands on Bars Charlotte Criminal Defense DWI DUI Lawyer Attorney.jpg 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.

Back in March, 28-year-old Derwayne Sharp of Greensboro was charged with raping a young girl and with forcing himself on a dog. The crimes were alleged to have occurred back in 2005, but Sharp was only arrested now, many years later.

Section 14-177 of the North Carolina General Statues, states: “If any person shall commit the crime against nature, with mankind or beast, he shall be punished as a Class I felon.” A “crime against nature” has been defined by North Carolina courts as “sexual intercourse contrary to the order of nature,” including all “acts of bestial character whereby degraded and perverted sexual desires are sought to be gratified.” North Carolina law says that the presumptive prison term for a Class I felony committed under Chapter 14 of North Carolina General Statutes is two years behind bars.

Legislators Propose Changes To Juvenile Justice System :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

Published on: May 21, 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 new criminal measure is getting attention in North Carolina as legislators consider changing a longstanding law which allows those over age 16 to be charged and prosecuted as adults. The law is the subject of intense scrutiny given that only one other state in the country has a similar law in place. Watch Children Sign Charlotte NC DUI DWI Criminal Lawyer Attorney.jpg

North Carolina lawmakers are now putting forward an idea that would raise the age for adult prosecution to 18. Representative Marilyn Avila is the lead supported of the bill and says that the law would raise the age to 18 only for teenagers who commit misdemeanors. Initially the law was drafted to include charges such as low-level felonies like car break-ins and marijuana possession. According to Avila, the problem with this draft of the law was that some criticized it for being soft on criminals and many would not support a measure that they felt let teens off the hook for more serious criminal actions.

The measure to raise the age for adult prosecution has been around for years as many advocates for young offenders say the juvenile justice system is better prepared to treat and rehabilitate young people. By shipping minors off to the adult criminal justice system, many are pushed even further into a dangerous life of crime. Another problem cited by some is that teens in North Carolina find themselves at a disadvantage to teens from other states when it comes time to apply for colleges. While other teens can claim a spotless criminal record, with their juvenile records sealed, young people from North Carolina with adult convictions have their crimes follow them for far longer.

Bible Beating Lands Woman Behind Bars :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

Published on: May 16, 2013 | On behalf of Arnold & Smith, PLLC

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

Police in Kings Mountain, North Carolina say a 57-year-old woman has been arrested and charged with beating another woman with a Bible. According to authorities, the woman, Evelyn Mills Moore, was arrested over the weekend on a charge of assault inflicting serious injury.

Moore’s arrest report says that the woman used her firsts and a nearby Bible to repeatedly strike the other woman. Apparently the incident was not religiously motivated, but instead a domestic dispute that turned physical. The Bible had no special significance other than that it was the nearest, heaviest object that the woman could get her hands on. The victim in the attack suffered bruises on her head, face and arms.

Bible Charlotte North Carolina DUI DWI Criminal Defense Lawyer Attorney Lawyer.jpg 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.

North Carolina has a series of aggravating factors that raise the seriousness of the offense from a Class 2 misdemeanor to a Class 1 or Class A1 misdemeanor (discussed under N.C.G.S. 14-33). For example, committing an assault against an official at a sporting event is a Class 1 misdemeanor. If a man, 18 years of age or older, assaults a female, he is guilty of a Class A1 misdemeanor, which is the most serious misdemeanor class. A person who assaults a child under the age of 12 years old is also guilty of a Class A1 misdemeanor.

Women Arrested After Walking Naked Down Busy Charlotte Road :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

Published on: May 14, 2013 | On behalf of Arnold & Smith, PLLC

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

A very bizarre incident happened this past weekend along a busy thoroughfare in Charlotte. According to police, a woman in her 20s was walking along Providence Road with her 40-something mother, a toddler and a newborn. The scene was fairly standard: spring stroll, nice weather, pleasant afternoon. The only oddity was that no one in the group was wearing any clothing.

Authorities with the Charlotte-Mecklenburg Police Department say that the two women and the two children were completely naked while walking down the 6000 block of Providence Road. The scene was apparently so startling that it created serious traffic delays on Saturday afternoon. Feet Charlotte North Carolina DUI DWI Criminal Defense Attorney Lawyer.jpg

According to a police spokesperson, there was not so much as a stitch of clothing on any of the four. The spokesperson was quoted as saying “This was Adam and Eve stuff, not even a loincloth.” The startled motorists eventually alerted police to the naked group’s Saturday afternoon walkabout. When the officers arrived and stopped to question the women, police say the two only said that the Lord told them to take the naked walk. According to a police report, the women said that the Lord spoke to them and suggested they take the two young children on a naked walk down the street.

Best Man Stabs North Carolina Couple, Injuring Groom and Killing The Bride :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

Published on: May 9, 2013 | On behalf of Arnold & Smith, PLLC

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

In a terrible episode late last month, a man who served as the best man at his good friend’s wedding was arrested for stabbing the bride to death. The tragedy took place in late April when Jonathan Wayne Broyhill allegedly stabbed Jamie Kirk Hahn to death.

Police say Broyhill had been the best man to Nation Richard Hahn at the couple’s wedding four years ago. The three had been friends for many years and the attack took place at the Hahn’s home in Raleigh, North Carolina. Police say that Broyhill had come over for dinner on a Monday night when an argument broke out.

Wedding rings Charlotte North Carolina DWI DUI Criminal Defense Lawyer Attorney.jpg Friends of the Hahn’s say Broyhill stabbed Jamie after her husband left the room. The husband only returned when he heard screaming and arrived to find Broyhill stabbing his wife repeatedly. Police have only said that the incident was not “domestic-related.” No other possible motive has yet been released though police say they are continuing to investigate the events of that evening.

Authorities said that after the attack, Jamie was found about a tenth of a mile away from house with a trail of blood leading back to the scene of the attack. Her husband, Nation, had also been stabbed in the encounter.