Articles Tagged with hit and run

Hit-and-RunDefending Against Hit-and-Run Charges

If you are involved in an accident in North Carolina, you must remain at the scene. If you leave the scene, it is considered a crime, and you could be charged with hit and run. Hit-and-run charges are serious, and you could face penalties that include jail time and more if you are convicted. If you are charged with hit-and-run, you will want to vigorously defend yourself to avoid conviction and a criminal record. A knowledgeable criminal defense attorney will help you achieve a favorable outcome in the case.

What is a Hit-and-Run?

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”

Rules are in place to ensure that drivers are careful on the road. The law requires drivers to have liability insurance to cover any damages and injuries that occur due to their negligence in an accident. Although most accidents are minor, some are more serious and result in severe injuries. Those who are involved in accidents are required to remain on the scene. If you leave the scene of an accident, you may face criminal charges. If you face criminal charges for fleeing the scene of an accident, you may want to consult with a criminal defense attorney as soon as possible.

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”

Driving a car is a fairly enjoyable activity that most of us do to save time and avoid using crowded public transportation. However, nobody has ever promised that being behind the wheel was going to be an easy or safe thing. Like everything in life, it comes with risks.

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”

In North Carolina, drivers who leave the scene of a car accident can face criminal charges for a hit-and-run. The consequences of a hit-and-run conviction in North Carolina depend on whether the crime is classified as a felony or a misdemeanor.

Charlotte DWI Lawyer Brad Smith answers the question: “Can I represent myself on a traffic ticket?”

A hit-and-run is a serious offense in North Carolina. Depending on how severe the victim’s injury is, the fleeing driver may be charged with a misdemeanor or felony. The at-fault motorist who fled the scene is more likely to be charged with a felony if the victim sustained life-threatening injuries or died as a result of the collision. In North Carolina, a felony may involve jail time for the offender.

Charlotte DWI Lawyer Brad Smith answers the question: “Is there more than one way for police to charge a person with DWI?”

Typically, when you imagine a person using drugs or alcohol while driving you would expect that to lead rather quickly to a drunk driving charge. Though this is exactly the sort of situation that DUI/DWI crimes were meant to address, a recent incident in Atlanta highlights an odd facet of the system. According to law enforcement authorities, the fact that one driver was so far gone, clearly impaired and destructive, meant he actually managed to avoid a DUI charge. Now let’s explain why.

Charlotte Criminal Lawyer Brad Smith answers the question: “Am I allowed to videotape an interaction with police? Can they make me stop filming?”

Whether you’re an avid catcher of Pikachus or are convinced the era of technology taking over is upon us, you’ve no doubt noticed Pokémon’s rather public reentrance into society lately. Advocates have lauded Pokémon Go’s ability to get gamers off the couch and moving…and get them moving it has. Some have walked straight into varying degrees of trouble with the law, including one man with an open warrant for his arrest who wandered by his local police station to battle his creatures there. Other reports have fallen more on the crime fighting side—two Go players helped catch a man wanted for attempted murder, and one woman found a dead body in her Pokémon Go meanderings.

Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can the police search my car without a warrant?”

At around 2:00 p.m. on the afternoon of February 21, Natali Castellanos-Tyler, a 30-year-old married mother of two small children, was driving home from a birthday party in her 2002 Ford Explorer. Castellanos-Tyler’s three-year-old daughter, Elisa, was riding in a back passenger seat.

Charlotte has a major heroin problem. The city is ranked fifth in the country when it comes to the sale and distribution of black tar heroin, much of which occurs in Charlotte’s more affluent communities. This problem has been described as Charlotte’s “invisible drug epidemic” and there are some disconcerting numbers to prove it.

Heroin Prep Charlotte Criminal Defense Lawyer North Carolina DWI AttorneyIn 2013, the Charlotte-Mecklenburg Police Department – South Division, released reports showing that in 2013 south Charlotte heroin related overdoses and arrests increased by over 30 percent. What is also alarming is the average age of heroin users is decreasing as well. In a survey of heroin users, 33.3 percent first used heroin when they were 16-18 years old. Of those users surveyed, 53.2 percent said they could usually obtain heroin within 30 minutes. This easy accessibility can be attributed to the largely untouched market in the south charlotte area, which has generally had low gang activity making it a target for drug dealers to expand their market and find new customers.

Heroin is an opiate that shares properties with commonly abused prescription painkillers such as OxyContin and Vicodin. These painkillers are being abused more and more over the last decade, causing addictions that required constant use just to feel “normal”. As more state governments began regulating these drugs the illegal market’s supply dwindled causing a substantial increase in prices. As prices rose, those abusing these painkillers have begun to turn to heroin as a much cheaper alternative at around nine dollars per bag versus 60-100 dollars per pill. It has also become a common practice for heroin dealers to offer deals for buying in bulk.

The sale of heroin in Charlotte has become increasingly easy. Phone numbers float around where a user can call and make an order, the dispatcher instructs the customer where to go (usually a safe place like a mall parking lot or a public park) and a runner meets the customer with the heroin; the exchange can take place without ever leaving the car.

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Charlotte DWI and Criminal Defense Lawyer Brad Smith answers the question “Should I ever plead guilty to a charge?”

 

An Arizona man executed Wednesday was denied access to information about drugs used during his execution. The man’s lawyers fought unsuccessfully to obtain information about the drugs and whether those conducting the execution had any experience using them.

Lethal Injection Charlotte Mecklenburg DWI Attorney North Carolina Criminal Defense LawyerThe man—Joseph Rudolph Wood, III—was sedated at 1:57 p.m. after a stay of his execution entered by the 9th Circuit Court of Appeals was lifted by the U.S. Supreme Court. The stay had been entered to allow Wood’s lawyers additional time to explore the efficacy of drugs to be used in the execution. States like Arizona have shrouded the identity of drugs and their makers in secrecy after the United Kingdom and European Union imposed restrictions in 2010 and 2011 on the export of anesthetics used in executions.

The ban on exports led to a shortfall of pentobarbital and sodium thiopental—two drugs traditionally used in lethal injections—leading states conducting executions to seek out substitutes. One state—Oklahoma—used a new drug combination during the April 29 execution of 38-year-old Clayton Lockett. Lockett was declared unconscious ten minutes into his execution, but three minutes later he began breathing heavily, writhing, clenching his teeth and straining to lift his head off a pillow. That prompted prison officials to lower the blinds to prevent those in the viewing gallery from seeing what was happening. Lockett eventually died of a heart attack.

In the Arizona case, after being sedated, Wood continued breathing and began gasping and snorting, according to his lawyers. An emergency hearing was convened, and the Arizona State Supreme Court was actually hearing from Wood’s lawyers when Wood was declared dead—some two hours after the execution began. A spokesperson for the Arizona attorney general’s office who also witnessed the execution said Wood was only snoring. “It was quite peaceful,” the spokesperson said. “He just laid there.”

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