Criminal Defense

Can a person be convicted of a crime even if he did not know what he was doing was a crime?

Published on: May 29, 2014 | On behalf of Arnold & Smith, PLLC

Brad Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?”

The law is a place where simple questions have complicated answers and where much depends upon the way questions are framed. Many times I have been asked, for instance, whether someone can be convicted of a crime for doing something a person did not know was a crime.

Guilty Charlotte DWI Attorney North Carolina Criminal Defense Lawyer The answer is a resounding yes! Invariably, the next question is, “How is that fair?”

Many modern criminal codes – including those applicable in state and federal courts in North Carolina – include what are known as “strict liability” offenses. All the government has to prove in those cases is that a person did a certain act. Regardless of the person’s intent, if the act was done, the person is guilty.

An easy example is the offense of driving while impaired. If a person is shown to have been impaired and to have driven a motor vehicle while impaired, he or she is guilty of the offense regardless of one’s intent to be impaired or to drive.

Another easy example is the offense of statutory rape. Statutory rape does not necessarily involve a rape by force. A victim in a statutory rape case may consent to sexual relations. If the victim is under a certain age and the sexual partner is over a certain age, the mere act of engaging in sexual contact exposes the sexual partner to criminal liability. Whether the sexual partner knows the victim’s age is irrelevant. Likewise, whether the sexual partner and victim are boyfriend and girlfriend is irrelevant.

North Carolina Says Giving Diet Advice Online Could Lead To Criminal Charges

Published on: May 22, 2014 | On behalf of Arnold & Smith, PLLC

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

You might think that in the hierarchy of criminal acts, giving diet and nutritional advice online wouldn’t seem to rank very high. Though dieting and recipe tips may not seem especially insidious, that hasn’t stopped one North Carolina man from running into legal trouble.

The issue, which was recently uncovered by the conservative think tank, The Heritage Foundation, began when Steven Cooksey began offering his personal views concerning diet and eating habits online. Cooksey started a blog several years ago about his struggle to manage his diabetes. On the blog, Cooksey told his readers how a new diet had helped him not only survive, but also thrive and felt like he owed it to others to spread the good news.

Though Cooksey felt confident about his dietary advice, he did make clear that he was neither a doctor nor a nutritionist, telling readers that he was simply a man interested in sharing his personal experience. Though the warning might seem to be sufficient to inform those who happened upon his site that any advice should be taken with a grain of salt, North Carolina authorities did not feel the warning went far enough.

Almost three years after the blog was first launched, the North Carolina Board of Dietetics and Nutrition warned Cooksey that he had no right to offer advice on dieting, regardless of whether he was being paid for that advice or not. To offer any such dieting tips and tricks amounted to the unlicensed practice of dietetics, something that is a misdemeanor under state law.

Ambien Zombies Face Serious Legal Obstacles When Defending Criminal Cases :: Charlotte DWI Criminal Lawyer

Published on: May 6, 2014 | On behalf of Arnold & Smith, PLLC

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

Many people have heard of the sleep drug Ambien (also known as zolpidem) and may also have heard stories about bizarre behavior linked to taking the prescription medication. Though these stories are usually just oddities, like sleep walking or talking, there have been other reports of more dangerous actions that can lead to serious harm to others.

In some cases those under the influence of zolpidem have been found driving, walking down the street and even preparing food while seemingly asleep. Even more worrying are several reports of otherwise happy people with no previous history of violence brutally murdering loved ones after taking Ambien. These “Ambien zombies” claim to have no memory of their actions and are shocked when they awaken to find out what they have done.

An interesting article by a medical research website discussed several cases of murders committed while defendants were under the influence of Ambien and revealed how difficult it can be to explain how the drug can impact a person’s brain to both judges and juries.

Amazingly, one of the three murder cases discussed in the article took place in North Carolina when a heavily armed man stormed into the nursing home where his estranged wife worked and shot eight people to death. The terrible incident occurred back in 2009 and the defendant later claimed that he was under the influence of Ambien at the time.

Cockfighting Match Leads To Dozens Of Arrests

Published on: April 22, 2014 | 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?”

Law enforcement officials in South Carolina announced a major raid on a huge cockfighting ring in McBee, SC this past weekend. The cockfight attracted dozens of people to the rural town, with large numbers coming in from neighboring states like North Carolina.

Police say that nearly 50 people have been charged in connection to the cockfight, which took place this past Saturday evening. When officers raided the fight, they found more than 100 chickens trapped in two enclosures. The enclosures were makeshift fighting rings where the birds were placed in large groups and forced to fight to the death. Officers say that by the time they arrived more than 10 chickens were already dead. The survivors will be treated for their injuries and placed up for adoption.

Officers say they heard about the fight after receiving an anonymous tip from someone who was expected to attend. Deputies from Chesterfield County were then dispatched to confirm the existence of the gathering and arrest those that were participating in the illegal sport. Officials say that additional charges will soon be leveled against the man they suspect is the ringleader of the cockfighting operation, leading to a possible lengthy prison term.

Though many people may realize that animal cruelty is illegal in both North and South Carolina, some might be surprised at how specific the rules actually are. The more general rules concerning cruelty to animals states that anyone who intentionally wounds, injures, torments or kills an animal shall be guilty of a Class I misdemeanor. If the actions are found to be malicious, then the crime will be escalated to a Class H felony.

North Carolina Grapples With Outdated Juvenile Justice System

Published on: March 13, 2014 | On behalf of Arnold & Smith, PLLC

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

A recent article in a Colorado newspaper discussed the current movement here in North Carolina to change the state’s laws regarding juvenile criminal offenders. As it stands now, 16 and 17 year olds arrested in North Carolina are automatically treated as adults, rather than children.

Advocates for change note that North Carolina is nearly alone in its harsh treatment of teenage offenders. In fact, New York is the only other state in the country where juvenile offenders in their late teens are automatically treated as adults in the criminal justice system, regardless of the nature of crime that was allegedly committed.

Opponents of the current laws point out that 48 other states have gradually shifted away from such a harsh approach, realizing that locking young people in adult prisons seldom does anyone any good. The problem is that teens who are exposed to such violent surroundings often never receive the kind of rehabilitative care they need and instead end up learning even more dangerous habits from the more experienced criminals they are surrounded by.

For those young people sentenced to adult punishment for their crimes, the experience can be a traumatizing one. Some who have survived discuss incidents of rape, physical violence and intimidation from the other adult male inmates. With an interest in survival, many young offenders gravitate towards the long-term prisoners and learn new tricks, often becoming more adept criminals rather than reforming their ways.

North Carolina College Student Arrested For Counterfeiting Thousands Of Dollars

Published on: January 23, 2014 | On behalf of Arnold & Smith, PLLC

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.

Authorities 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.

North Carolina Inmate Escapes Prison And Racks Up Additional Criminal Charges Within Hours

Published on: January 14, 2014 | On behalf of Arnold & Smith, PLLC

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.

Authorities 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.

North Carolina Teens Face Criminal Charges For Burning Opossum

Published on: January 9, 2014 | On behalf of Arnold & Smith, PLLC

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.

Authorities 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.

Manslaughter Charges Dropped In North Carolina Pit Collapse Case :: Charlotte Lincolnton Criminal Defense Lawyer

Published on: December 17, 2013 | On behalf of Arnold & Smith, PLLC

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.jpg Judge 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.

Editorial Criticizes North Carolina For Underfunding Medical Examiners :: Charlotte North Carolina DWI DUI Criminal Attorney Lawyer

Published on: November 26, 2013 | On behalf of Arnold & Smith, PLLC

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.jpg The 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.