According to a recent article by WRAL, the North Carolina Racial Justice Act appears to be headed for repeal. SB 416, known as “An Act to Amend Death Penalty Procedures,” was passed by the North Carolina House of Representatives last week by a vote of 73-47, a veto-proof majority. More…
Charlotte Criminal Lawyer Blog
Portable Breathalyzers, are they worth the money?
As a general rule, it’s a good idea to refuse a breath test if you ever find yourself pulled over on suspicion of drunk driving. The reason is that the breath test results often form the crux of the state’s DUI case against you. A breath test that indicates a…
Supreme Court to decide issue of cruel and unusual punishment for teens
A few months back the Supreme Court heard arguments surrounding two new cases up for review. Both involved the question of just how severe a penalty imposed on a juvenile offender must be before it is declared unconstitutionally cruel and unusual. The first case, Miller v. Alabama, involved a 14-year-old…
Supreme Court issues important plea-bargaining decision
Many cases are resolved with a plea bargain long before they ever reach the courtroom. Plea bargains are important to prosecutors because they help efficiently clear dockets and allow them to prosecute more cases. They can also be beneficial to defendants by possibly allowing them to serve a lesser sentence…
North Carolina’s “Stand Your Ground” Law In Question
Police in Florida are waiting for George Zimmerman to turn himself back into the police after his bail was recently revoked for lying to the judge in the case with regard to his finances. Zimmerman also withheld the fact that he possessed a second passport. Zimmerman maintains he was defending…
Former FBI Agent’s Report says Convict Should Get New Trial
A former FBI agent has come forward to tell the authorities Kalvin Michael Smith should be given a new trial because the initial investigation into his case was seriously flawed. The agent’s name is Chris Swecker and he is the former assistant director of the criminal investigative division at the…
Despite Critics, Electronic Monitoring is a Success in Charlotte
The use of electronic monitors as an alternative means of punishment in Charlotte is about to expand, despite the growing amount of negative media attention the program has received. The program costs taxpayers $35,000 a month and even though a few unruly participants have decided it was better for them…
Charlotte Gang Members Now Face Racketeering Charges
Criminal gangs have become a nation-wide problem. What used to be an issue that was confined to the streets of Los Angeles, New York and other very large cities is now something that law enforcement agencies across the nation have to tackle. Charlotte, North Carolina has a thriving gang culture…
Convicted Charlotte Cop-Killer’s Appeal Denied
An appellate court in North Carolina has denied the appeal of a man who was convicted of killing two Charlotte-Mecklenburg Police Department officers, according to a recent report by WBTV News in Charlotte. The man is Demeatrius Antonio Montgomery and in 2010 he was found guilty of the first-degree murder…
Federal Appeals Court Revisits North Carolina Terrorism Case
Justices at the Fourth Circuit Court of Appeals are looking into whether Mohammad Hammoud should be given a new trial or a new sentencing hearing. Hammoud was convicted of supporting a terrorist organization. The prosecution in his case claimed that he participated in a cigarette smuggling ring and sent the…