Articles Posted in Criminal Defense

Attorney J. Bradley Smith answering the question: “What are the long term effects of being convicted of a crime?”

A 19-year-old student from the University of North Carolina Greensboro is currently facing serious criminal charges after campus police say she was discovered with $13,000 in fake money. A search of the girl’s dorm room was conducted after police say she tried to use a fake $100 bill to purchase a gift card at a local drugstore.

 

Pile of Money Charlotte DWI DUI Lawyer North Carolina Criminal Defense AttorneyAuthorities say that Symone Vannessa Brown is now facing serious felony charges including obtaining property under false pretense and possession of counterfeiting tools. The fake money that Brown was found with was a pretty convincing copy, but for one problem, the bills were signed by “Moe Money, Proprietor of the Counterfeiting,” rather than the Treasury Secretary.

 

Police were first tipped off to the problem after Brown walked into a local drugstore and tried to use one of her bogus $100 bills to purchase a gift card. The clerk at the store thought that something was up and refused to accept the money. Eventually, a store manager called local police who were there waiting when Brown returned to the drugstore in an attempt to retrieve her fake money. When she walked into the store she was arrested.

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Attorney J. Bradley Smith answering the question: “What are the long term effects of being convicted of a crime?”

Police in Salisbury, NC say that a convicted felon has escaped a minimum security prison in the area and is currently on the lam. Authorities say that they have locked down several schools in the area as a preventative measure and believe the man, Jonathan Dixon, has already broken at least two laws in the few hours since he managed to break free.

 

Barbed Wire Charlotte DWI Lawyer North Carolina Criminal AttorneyAuthorities say that the 27-year-old Dixon was found missing on Monday when guards at the Piedmont Correctional Facility performed a nightly bunk check. Dixon was evidently accounted for at the first bunk check, which happened at 11 p.m. but had managed to slip away before the 4 a.m. bunk check.

 

Police officers say that almost immediately after breaking out of the prison, Dixon walked next door to a North Carolina Department of Transportation storage shed and broke into it. Officials say that Dixon got away with a DOT uniform and jacket, apparently with the name “Haywood” written on it. Though it’s hard to believe, Dixon has only been out of prison for a few hours and has already managed to rack up at least two additional criminal offenses: the escape itself and the theft.

 

Authorities say that Dixon may also have been responsible for another breaking and entering in the area. Another storage facility in the same part of town was also broken into that evening. Though nothing was taken, officials say they found a boot print that matched the type of shoes inmates at the Piedmont Correctional Facility are issued.

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Attorney J. Bradley Smith answering the question: “What are the long term effects of being convicted of a crime?”

Three teenage boys in Tobaccoville, North Carolina are now facing serious criminal charges after police say they received a tip that the trio had burned an opossum alive and videotaped the attack.

 

Opossum Charlotte DWI Lawyer North Carolina Criminal Defense AttorneyAuthorities say they received a tip last month that 18-year-old Kalob Hubbard and two other young men, a 17-year-old and a 15-year-old, recorded an attack on an opossum that ultimately died after being set on fire. Police investigators say that the attack took place in late October or early November and that a video of the incident was posted by one of the teens on Instagram.

 

Hard as it is to believe, by making the video publicly available on the Internet the boys appear to have provided the police with precisely the evidence they need to arrest and charge them with animal cruelty. Police say that now that the boys have been arrested and charged the video has since been taken down and will only be shown again if necessary during the criminal trial, with the sheriff’s office maintaining a copy as evidence.

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Attorney J. Bradley Smith answering the question: “What are the long term effects of being convicted of a crime?”

A tragic case in Lincolnton, North Carolina reached its end after a Superior Court Judge dismissed charges against a man related to the April deaths of two young children. The decision means that Jordan Keely Arwood can now put the criminal case behind him and move forward with grieving the horrible loss of his six-year-old daughter and seven-year-old nephew.

Court Gavel 1 Charlotte DUI DWI Lawyer North Carolina Manslaughter Attorney.jpgJudge Ali Paksoy handed down the decision during a hearing at the Lincoln County Courthouse last Thursday. Judge Paksoy determined that there was no probable cause to justify the two counts of involuntary manslaughter facing Arwood and chose to dismiss both counts entirely.

The nightmare for Arwood began back in April when his daughter and nephew where playing in their grandmother’s back yard near a large dirt pit that Arwood had been working on. As Arwood continued working on the project a portion of the pit’s wall collapsed without notice, trapping the two young children under a mass of dirt. The collapse was so large that it took emergency responders more than 12 hours to locate the bodies of the children.

Investigators in Lincoln County picked apart the case searching for someone to hold responsible for the tragedy. Ultimately, they settled on Arwood, claiming that because the county had never issued any building permits to Arwood that the man demonstrated culpable negligence in their deaths.

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

A recent editorial in the Winston-Salem Journal took the North Carolina Medical Examiner System to task for its many problems, making the important point that law enforcement cannot be fairly or judiciously run on the cheap. The editorial pointed out how state officials have for years pinched pennies on criminal investigations and how this has led to a host of problems.

Medical Examiner Charlotte DWI Lawyer North Carolina Criminal Defense Attorney.jpgThe first point made by the editorial board is that when criminal investigations are run cheaply it can mean unsolved or even undetected crimes. Every year cases go unsolved and still others go unnoticed by law enforcement officials. Though unsolved crime is certainly a problem, the real worry is that underfunded criminal investigations lead to accusations against innocent people, sometimes even convictions for those who never did anything wrong. The problem is a serious one with a recent investigation revealing that North Carolina seriously underfunds its criminal investigations. In fact, a recent study said that the state spends about 3/5th as much as the national average on its investigations, a glaring problem.

The condition of North Carolina’s medical examiner’s offices have been the subject of concern for some time, recently receiving a significant amount of attention after an Orange County pathologist was accused of mishandling bullets that were crucial pieces of evidence in two murder cases. Though no criminal charges have been filed against the pathologist, many experts say the case reveals the risks can occur when such an important element of the criminal justice system is underfunded.

For example, in the case of the Orange County pathologist it was discovered that the man was far too busy and was pulled in far too many directions to do his job as well as he needed to. Records have been released which reveal that he personally conducted 10 autopsies on Christmas Eve 2012. In 2010, he was responsible for conducting 440 autopsies.

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Attorney J. Bradley Smith answering the question: “Do I need to hire an attorney if I have been falsely accused?”

In a terribly bizarre case with North Carolina connections, a Baptist minister from Virginia has been sentenced to two year in prison for staging a fake hate crime attack on his own home. The case of Oleander Cuthrell, 41, shocked many in his rural Chesterfield County community who had initially rallied behind the man following his phony attack.

Burning House Charlottel DWI Lawyer North Carolina Criminal Defense Attorney.jpgAuthorities say that Cuthrell, minister of music at Gospel Shepherd Baptist Church, poured oil and gasoline across his rental home and set it on fire to avoid pressing financial obligations. At his sentencing, Cuthrell spoke out saying he was ashamed and embarrassed about his behavior, claiming that it was the most irrational decision of his life.

According to prosecutors, Cuthrell, who is black, spray-painted racial slurs across his rental home to distract police attention from focusing on him as a suspect in the house fire. Cuthrell also set fire to a bottle filled with gasoline inside a BMW parked in front of his house, an attempt to create more evidence that he’d been the innocent victim in a brutal, racially motivated attack. After setting the fires and covering the house in racist scribbles, Cuthrell then went back in the home and climbed into bed, waiting for the house to burn.

Thankfully Cuthrell’s oldest son noticed the fire and was able to put out most of the flames in time for the rest of the family to evacuate. Police and FBI officials investigated the case after Cuthrell reported the fire as a possible hate crime, telling police officers that he had been targeted because of his race. The police investigation quickly revealed holes in Cuthrell’s story and he was arrested soon thereafter.

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Attorney J. Bradley Smith answering the question: “A past conviction is keeping me from finding work what can I do?”

Officials with the North Carolina Wildlife Resources Commission announced that they had arrested a man for a rather bizarre crime: trading in illegal reptiles. Though selling reptiles may not seem like an act deserving of jail time, that’s exactly what could happen in the case according to law enforcement officials.

Snakes Charlotte North Carolina DUI DWI Criminal Defense Attorney Lawyer.jpgThe arrest took place this past weekend when 29-year-old Danny Hemby was arrested by officers with the NCWRC. Officials say that they have filed eight criminal charges against Hemby, including two counts of selling a reptile on the federal endangered species list; two counts of owning and using venomous reptiles; possession of a reptile of special concern; sale of a reptile of special concern; unlawful possession of a reptile without a permit and finally, commercial taking certain reptiles.

The charges concerning animals of “special concern” include those wild animals that are native to North Carolina and which can legally be owned only under certain circumstances. Officials say that Hemby was not simply in the business of selling cute turtles or small lizards, but was instead making money selling rattlesnakes, copperheads and even alligators. Police say Hemby sold his reptiles at flea markets across the region and that his actions endangered not only the public, but other animals as well. By moving wild animals across state line Hemby could also have been unknowingly spreading disease.

Though there is a black market for most forms of wildlife, the reptile and amphibian market has been one of the fastest growing areas of the poaching business. Experts say that trading is not limited to the United States. Europeans and Asians are willing to pay big dollars even for common species taken from the United States, even things as seemingly uninteresting as simple garter snakes. One federal wildlife enforcement agent said that people are willing to pay top dollar for toads, salamanders, pretty much any reptile.

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Attorney J. Bradley Smith answering the question: “If I simply intend to plead guilty, why do I need a lawyer?”

In a bizarre episode, police in Raleigh say that the man caught on camera breaking into the North Carolina Museum of Natural Sciences over the weekend has surrendered to authorities. Police say that Joshua Matt Pace surrendered late Sunday evening, less than 24 hours after police broadcast footage of him breaking into the museum. What makes the whole episode so strange is a seeming total lack of motivation. Despite a pretty violent break in attempt, police say that Pace does not appear to have stolen anything or caused any damage to the museum’s exhibits.

Fire Extinguisher Charlotte North Carolina Criminal Defense DUI DWI Attorney Lawyer.jpgPolice say that Pace forced his way in the museum through an exterior door. A fire alarm was then activated inside the Nature Research Center shortly after 3:30 in the morning. Security camera footage shows Pace, wearing a white jacket and dark clothing, using a nearby fire extinguisher to bust down the door to the museum.

A museum spokesperson says that Pace used the fire extinguisher to knock off a door handle and then to break through some glass. Pace also turned on a water hose valve that caused minor water damage to some nearby doors. Despite the damage to the doors, the museum spokesperson says that nothing was stolen and that none of the exhibits in the museum appear to have been impacted in any way.

Police say that the break-in appears to be random and that Pace has yet to offer any possible motivation for the crime. Pace recently graduated from North Carolina State University where he majored in engineering. According to reports Pace was charged with misdemeanor charges of breaking and entering and damage to property. He has already been booked and released from jail on a $1,500 bond and is scheduled to appear in court again on October 15th.

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Attorney J. Bradley Smith answering the question: “A past conviction is keeping me from finding work what can I do?”

A South Carolina woman with passionate tastes in music allegedly stabbed her roommate multiple times after the 64-year-old man refused to stop playing the Eagles on repeat. According to police in North Charleston, a domestic altercation between 54-year-old Vernett Bader and her roommate began after a long night of drinking between the two and the roommate’s brother.

Record Charlotte North Carolina DUI DWI Criminal Defense Attorney Lawyer.jpgAccording to authorities, Bader was at her home late Monday night when her roommate and his brother were in the living room, drinking and watching a loop of classic rock songs by the Eagles on the television. Bader apparently grew weary of hearing “Hotel California” blasted over and over again and told the two men to turn off the music.

Police say Bader’s request prompted the roommate to tell her to shut up, an ill-timed remark that sent Bader into the kitchen to grab a steak knife. Her roommate was thankfully alert and was able to wrestle the first weapon away from Bader. However, Bader was undeterred and simply went back into the kitchen and this time returned with a 14-inch serrated bread knife. This time police say Bader stabbed her roommate multiple times.

Though police reports indicate that Bader admits to stabbing her roommate with the bread knife, she claims the attack was actually in self-defense. Bader says her roommate was choking her at the time she stabbed him. Police at the scene of the domestic dispute said they saw no marks on Bader’s neck or any other signs consistent with strangulation.

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

A new law signed last week by North Carolina Governor Pat McCrory will allow students at public universities in North Carolina to hire an attorney to help guide them through the difficult and confusing process of handling disciplinary charges. Experts say the law could change the tone of such disciplinary hearings at schools across the state as students will now have the right to lawyer-up.

Graduation Charlotte North Carolina DUI DWI Criminal Defense Lawyer Attorney.jpgPrior to passage of the law, students were only allowed to have an attorney informally advise them. Lawyers were generally barred from presenting evidence during the hearings, cross-examining witnesses or in any way representing the student during the disciplinary actions.

The new law applies across a wide range of student conduct issues, but specifically excludes cases concerning academic conduct; an area lawmakers felt attorneys were not needed. The law says that students at public schools now are permitted to hire an attorney at their own expense as well as to allow other non-attorney advocates to participate in the disciplinary process. The law would include things like campus judicial hearings involving sexual assault on campus; serious issues that require experienced criminal defense attorneys.

Experts have said that North Carolina’s law is likely the first in the country to extend legal representation options to students facing disciplinary proceedings in college. The bill has been pushed in previous legislative sessions but always got tied up. This year lawmakers decided to make the issue a priority and successfully passed the measure.

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