Charlotte Criminal Lawyer Blog

Driving While Nervous Thankfully Not a Crime in North Carolina

Published on: January 10, 2013 | On behalf of Arnold & Smith, PLLC

The North Carolina Court of Appeals ruled a few weeks ago that police in the state have no right to stop a car merely because the occupants appear to be nervous while driving.

The case involved an incident back in April of 2011 when police officers from Sampson County were operating a speed trap on I-40. The officers noticed a green minivan that dropped its speed from 73 to 65 mph, something that apparently was deemed suspicious by the officers given that it was a 70 mph zone. The officers further claimed that the occupants of the minivan appeared nervous and stared straight ahead as they passed the officers.

The Sampson County officers eventually pursued the van and, as they pulled alongside, noticed that the occupants never made eye contact with the officers. The officers said that the van was driving slowly and crossed a fog line, thus justifying their decision to pull the vehicle over. However, a video from the patrol car shows that the van never crossed the fog line or engaged in any other unsafe driving maneuvers.
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The driver of the van was given a warning by the officers and agreed to a search of the vehicle that revealed a revolver and rifle belonging to her ex-husband and passenger. The ex-husband, Nathaniel Canty, was found guilty of being a felon in possession of a firearm. However, after Canty filed an appeal, the North Carolina Court noticed problems with the original traffic stop.

North Carolina Prosecutors Begin to Target White Collar Criminals

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

A big push is underway in North Carolina as prosecutors have said they intend to crack down on financial and white-collar crimes this year after what they say has been several years of lax enforcement across the state.

It’s important to understand that white-collar crime encompasses many different varieties of criminal infractions. These can include embezzlement, larceny, passing bad checks even mortgage fraud. Prosecutors say that because of the complicated nature of many of these crimes, new investigative tactics will need to be employed. For that reason, the North Carolina Conference of District Attorneys has announced the launch of a new financial crimes initiative. White Collar.jpg

The group will be using some of the money it received from the National Mortgage Settlement last year to pay for the new division. The group began by officially hiring a new White Collar Crime Resources Prosecutor whose job will be devoted entirely to the prosecution of financial crimes. Tammy Smith has been named to fill the position and she will begin hiring a team of regional prosecutors expected to begin work in mid-February or early March. The team will work with district attorneys across North Carolina to crack down on financial wrongdoers.

North Carolina Criminal Expungement Eligibility

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

Watch Attorney Brad Smith answer the question: “What is an expungement?”

The nearly 1.6 million people in North Carolina who have a criminal record are likely rejoicing over news that the state will now allow for the expungement of most misdemeanors and some felonies. The new clean slate law is the first of its kind in North Carolina.

The recent passage means that North Carolina will join at least 17 other states that permit first-time offenders to expunge a criminal charge under certain conditions. As long as their crime was minor and their conviction was at least 15 years ago, they will get a chance to start over with a clean slate. However, no violent convictions will qualify for expungement. Those seeking expungement must fill out paperwork which will ultimately be considered by a judge who will rule on the issue.
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Though many believe that criminals should be punished for their wrongdoing, one mistake should not tar a person for life. Once an individual has paid his or her debt to society, that person should be allowed to become a productive citizen by finding and keeping a job that can support a family. Our attorneys understand that a criminal conviction can close a lot of doors to otherwise skilled and hardworking people, many of whom are simply looking for a second chance.

Criminal Expungement Now Possible in North Carolina

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

View our brief commercial on the recent changes to the Expungement Law in North Carolina.

Good news for those people in North Carolina who have a conviction on their record. Many people’s criminal history are blemished by a conviction that resulted from a brush with the law or a youthful indiscretion that made it onto your criminal record. Thanks to a new North Carolina law, some of these people may now be eligible to have those blemishes erased.

The new law says that as of December 1, 2012, adults in North Carolina who have been convicted of a crime, including some felonies, can request that their records be expunged. There are some important stipulations to the new rule. For one thing, the conviction must be at least 15 years old. For another, an individual must not have been convicted of any other crimes, other than traffic offenses.

The array of crimes that fall under the umbrella of the new expungement law include white collar offences such as embezzlement, larceny, shoplifting and passing bad checks along with some non-violent drug crimes. The law has not shaken out entirely and some issues remain to be settled, such as whether offenses like DWIs or hit-and-runs would qualify for expungement given that they are technically traffic offenses. The legislation is clear that some crimes will not be considered for expungement and these include sex crimes and drug crimes involving methamphetamine and heroin.

Which Charlotte Malls See the Most Car Break-Ins

Published on: December 20, 2012 | On behalf of Arnold & Smith, PLLC

As the holiday shopping season is in high gear, the people at Channel 9 came up with a list of which malls typically see the most crime in the Charlotte area. The list is based on the number of incidents that took place during the holiday season last year.

Reporters started by looking up the number of car break-ins that took place in November and December of last year within a quarter mile of each major Charlotte mall. The safest mall according to this measure was Northlake Mall, which had just one break-in. Second place was SouthPark Mall which had five car break-ins, while Concord Mills saw a fairly high number of 20 incidents. Figures were not available for the Carolina Place Mall.

Smashed Car Window.jpg Officers with CMPD say they will be extra vigilant during the holiday season and are warning shoppers to be careful about leaving smartphones or tablet computers in a car where they might be visible. Also, they suggest activating GPS functions in your devices in case they are stolen so they can be easily tracked.

The malls are also working hard to provide safety to their shoppers. A manager at Northlake Mall has said they will be partnering with the Charlotte-Mecklenburg Police Department this year and will host a crime watch tower in their parking lot during the holiday shopping season.

CMPD Announces Major Surveillance Expansion

Published on: December 17, 2012 | On behalf of Arnold & Smith, PLLC

In a somewhat frightening attempt to create a comprehensive surveillance network across the county, Charlotte-Mecklenburg police have said that they want access to private businesses’ security cameras which would allow them to actively monitor the happenings at malls, gas stations and banks.

Though the CMPD has not yet said how many cameras this will mean in total, the move represents a major change for the department and a huge expansion in the scope of its surveillance capabilities. CMPD only started using cameras 12 years ago and the latest move would dramatically increase the number of locations under watch by the police department. Police currently have access to about 650 cameras. Though that seems like a lot, the department points out that Chicago, which is four times bigger than Charlotte, has access to 10,000 cameras.
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Already, the police have access to some private cameras in the Charlotte area. These include the Time Warner Cable Arena, the Bank of America stadium as well as all the major bank buildings. By expanding the reach of their camera system, the police believe this will allow them catch many more criminals and prevent crime from taking place.

However, the police fail to acknowledge any of the downsides, including that the cameras could collect more images of people who have done nothing wrong. Moreover, this video of innocent people will then be stored on police servers for weeks or months in the future, providing a database for the department to should they have an interest.

Police Groups Lobby Cell Phone Carriers to Hang on to Text Messages

Published on: December 11, 2012 | On behalf of Arnold & Smith, PLLC

The major cell phone providers, including AT&T, Verizon and Sprint, may be required to keep information about their customers’ text messages for at least two years according to a proposal that various law enforcement agencies submitted to Congress.

A group of different police organizations asked legislators to require wireless companies to retain information, warning that a lack of federal requirements leaves a major hole in the ability of law enforcement agencies to launch proper investigations. The move was designed to include text message retention in an upcoming overhaul of the 1986 Electronic Communications Privacy Act, a privacy law meant to reflect the new realities of the modern technological era. Cell Phone.jpg

As text message usage has exploded recently so have the instances of their use in criminal investigations. They have been used as evidence in robberies, drug dealing and financial fraud cases. One great example occurred in 2009 when SkyTel turned over a whopping 626,638 text messages in Michigan.

Armed Robbery Gets North Carolina Man 176 Years Behind Bars

Published on: December 11, 2012 | On behalf of Arnold & Smith, PLLC

According to a recent article by WCNC, a federal judge has sentenced a Goldsboro, NC man to 176 years in prison for his role in multiple robberies that took place across several months in eastern North Carolina.

The U.S. Attorney’s office announced earlier this week that Domonic Devarrise Usher had also been ordered to pay $14,000 in restitution for his crimes. The massive sentenced followed a guilty verdict back in July on charges related to the robbery of several stores in small towns throughout the eastern portion of the state. Prosecutors say Usher and five others robbed businesses between November 2009 and March of 2010.

Razor wire.jpg Testimony presented at trial revealed that the robbers would enter stores wearing bandanas, gloves, hats and dark clothes to obscure their identities. One of the men would then point a gun at a clerk while the others grabbed the cash drawer from the register or safe, whichever was most easily accessed.

Though the 176-year sentence is quite long, the crime of robbery with a dangerous weapon is a very serious crime in North Carolina. The presence of a gun during a robbery and the resulting endangerment of a victim’s life increases by several magnitudes the severity of the punishment faced by defendants. North Carolina General Statutes § 14-87 states:

New North Carolina Cyber-bullying Law Goes Into Effect

Published on: December 6, 2012 | On behalf of Arnold & Smith, PLLC

Nearly two-dozen new laws went into effect on Saturday including one important item that extends a North Carolina crime against cyber-bullying to also provide protection to school employees.

The new law will mean that students who use a computer to intimidate or threaten school employees will face criminal penalties. Existing laws in the state already made it illegal for cyber-bulling to target other children. The new law makes it a misdemeanor for students to commit various online offenses against school employees, such as creating false profiles, signing them up for Internet porn or posting personal images and private information.

The roots of the new law began about five years ago when a teacher in Charlotte-Mecklenburg Schools discovered that someone had created a fake MySpace page in his name and posted material implying he was a pedophile. Charlotte-Mecklenburg School investigators traced the profile to students at Providence High and charged those students with cyber-stalking.

Delayed Release from Jail Causes Charlotte, NC Judge to Dismiss Drunk Driving Charges

Published on: December 4, 2012 | On behalf of Arnold & Smith, PLLC

Brad Smith, a partner here at Arnold & Smith, made the news recently when it was announced that prosecutors in Charlotte, NC decided to appeal a judge’s decision to throw out the drunk driving charges filed against Tim Newman. Neman’s case made headlines earlier this year when the former chief executive of the Charlotte Regional Visitors Authority was arrested after an accident on I-77 in May.

Assistant District Attorney Emily Kraper filed the appeal, writing that she believed District Judge Kimberly Best’s decision was “contrary to the law.” Kraper went on to say that the government thinks there was enough evidence to overcome Newman’s motion to dismiss and eventually convict Newman of driving while impaired.