J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I ever plead guilty to a charge?”
Sports and celebrity news sites in the United States, Canada and around the world have broadcast the details surrounding the arrest last Friday of professional hockey star Jarret Stoll.
Charlotte DWI Lawyer Brad Smith answers the question: What are the long term effects of being convicted of a crime?
Like countless mothers across the United States, Laura Strange spent two hours cradling her newborn daughter Haley in her arms. Unlike most mothers, however, the twenty-five-year-old’s ankle was cuffed to her hospital bed, and those first two hours with Haley were likely the last Strange will spend with her daughter for the next two years.
J. Bradley Smith of Arnold & Smith, PLLC answers the question “What is the difference between a misdemeanor and a felony?”
The Washington State legislature is considering changes to the state’s criminal code that would dramatically alter the manner in which marijuana-related crimes are prosecuted in the state.
Under a bill sponsored by Republican State Senator Ann Rivers, most marijuana-related crimes would be reduced from felonies to misdemeanors. Voters in Washington legalized the recreational use of marijuana in a statewide referendum in 2012.
Seattle’s city attorney John Schochet said he wants the possibility of jail time for “lower-end violators” eliminated. He likened minor offenses to buying a bunch of beer at Costco and selling it out of the trunk of his car. If he sold enough marijuana in that fashion, he could be subject to a felony trafficking charge.
Attorneys like Schochet and city attorney Pete Holmes want to eliminate criminal penalties for sharing marijuana. As it stands, it is a felony to give any amount of marijuana to a friend, according to the Seattle Post-Intelligencer.
Schochet and Holmes also want to see criminal penalties lessened and removed for users who make their own “homegrown” weed. Under current law, it is illegal to grow one’s own marijuana in Washington. In other states that have legalized marijuana use, growing a small amount of marijuana for personal use is permitted. In Colorado, for instance, it is legal for individuals who are 21-years-old or older to grow as many as six plants, as long as they are kept in an “enclosed, locked space.” Alaska also allows users to grow up to six plants, while users in Oregon can grow as many as four plants and can legally possess as many as eight ounces of usable marijuana.
Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “If I simply intend to plead guilty, why do I need a lawyer?”
Charlotte-Mecklenburg police officers arrested two Charlotte eye doctors on Tuesday and charged them with trafficking in opiates, obtaining a controlled substance by fraud, and larceny.
A patient of Dr. Benjamin Lanier Hobbs and Dr. Samuel Ryan Hobbs said he was given a prescription for hydrocodone and told to return to Clear View Eye Care—where the doctors worked—once it was filled. The patient complied, but said when he brought the pills to the doctors’ office, the doctors removed a portion of the pills from the bottle before returning the bottle to him.
Detectives told Charlotte’s WBTV that the doctors prescribed large amounts of hydrocodone to patients. Detectives executed search warrants at the doctors’ offices in order to seize records relating to unknown victims.
The doctors’ arrest follows several other high-profile drug trafficking cases involving Charlotte-area doctors. Law enforcement officials say the over-prescribing of drugs and doctor involvement in prescription drug trafficking is a troubling trend.
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.
In 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.
Attorney J. Bradley Smith answering the question: “What happens if I am convicted of a DUI or DWI in North Carolina?”
The Los Angeles Police Department made a surprising announcement recently when an official revealed that officers would begin carrying portable devices that can check drivers for drug use. Officials with the police department say that the tool will be rolled out to combat increased instances of drugged driving, often due to medical marijuana usage.
The new tools, which are swab-testing kits, will be used primarily during DUI checkpoints and in jails to test those who have already been arrested. The department intends to pair the devices with breathalyzers and subject drivers at checkpoints to both a breath test and mouth swab to detect the presence of drugs. The test has been designed to screen for the presence of methamphetamine, cocaine, benzodiazepine, methadone and THC, a component of marijuana.
An LAPD spokesperson said that officers would ask drivers to consent to a swab of their gum line. After the swab has been collected, the tool will then read the fluids and immediately alert officers to the presence of drugs. Previously, such a test would require blood samples taken by nurses, which would then be sent off for analysis.
Police officials have said that the growing prevalence of medical marijuana dispensaries has pushed the department to consider new strategies to detect impaired drivers. Law enforcement authorities say that driving under the influence of drugs, known as drugged driving, is just as dangerous as drunk driving and it will be an important priority of officers in the area to limit the ability of drivers to engage in similarly risky behavior. Officials with the city attorney’s office have said that nearly 600 DUI cases that were filed against LA drivers in the past year concerned the use of drugs, a number they want to see increase given the new technology.
Attorney J. Bradley Smith answering the question: “Is there more than one way for police to convict a DWI?”
Law enforcement officials have announced that a recent raid of a nightclub in Selma, North Carolina resulted in 17 people being arrested on a range of charges from drugs to prostitution. The sweep was conducted by North Carolina Alcohol Law Enforcement agents as well as officers with the Selma Police Department and Johnston County Sheriff’s Office.
A spokesperson for ALE said that the raid was the result of a six-month investigation conducted by various law enforcement agencies after local authorities received complaints about a range of illegal activities taking place at The Ranch, a local nightclub. Agents who participated in the raid say they discovered employees who sold illegal drugs to patrons, others that engaged in prostitution and other sexual offenses and still others who broke state alcohol control laws.
Officials say the raid turned up a wide array of illegal drugs that were seized by authorities. Prescription painkillers, powdered ecstasy and significant quantities of cocaine were all found on the premises of The Ranch.
Given the drugs, prostitution and alcohol offenses it’s no surprise that several employees and patrons were arrested in the raid. Police released the names of 17 people charged with crimes in connection to the police bust. Of those arrested, the suspects’ ages ranged from 19 to 62.
Attorney J. Bradley Smith answering the question: “Can the police search my car without a warrant?”
Police officers in Boone, North Carolina say they are busy searching for two people who have been reported for stealing over-the-counter medications from a CVS pharmacy. The incident took place around 3 a.m. Monday morning when police say two individuals, one male and one female, walked into the drugstore looking for pills.
Authorities say that the two suspects walked off with a large supply of drugs from the CVS located on Blocking Rock Road. Though they are currently on the loose, security footage from inside the store gave investigators a glimpse at their faces as well as an idea of the car the two are driving.
Many people have heard of prescription drug theft and understand that it can be a serious problem given the large numbers of individuals who have become hooked on powerful narcotics. Fewer people realize that over-the-counter medications are also frequently stolen and can also lead to serious criminal penalties when the thieves are apprehended.
Law enforcement authorities say that some of the most commonly stolen over-the-counter medications might surprise you. For instance, Prilosec, a heartburn medication, is one of the most commonly stolen over-the-counter medications stocked by drugstores. The reason is not because large numbers of people are suffering from horrible acid reflux, but instead because Prilosec has been shown to enhance feelings of euphoria in those who take the medication with methadone. The drug has become such a common target that police in Florida recently arrested a group of three people who were accused of stealing 109 boxes of the pills from a local Wal-Mart.
Attorney J. Bradley Smith answering the question: “What is the difference between a misdemeanor and a felony?”
“Hold onto your pills!” That’s the message from North Carolina law enforcement officials for residents of assisted living facilities across the state. According to the State Bureau of Investigation, pill thieves across North Carolina better be on the lookout because 11 agents have been assigned by the Bureau to specifically track missing prescription drugs.
The SBI says that its agents are focusing on doctors, nurses and pharmacists as well as other health care workers that might be involved in diverting prescription drugs from patients who desperately need the medicine. According to authorities, painkillers are the most often stolen drugs and the central focus for ongoing law enforcement efforts.
Police in Asheville have revealed that they have already investigated 20 cases of prescription drug diversion in the first seven months of 2013, compared to a total of 17 cases all of last year. Though that number already seems high, officials say the real number of incidents is easily twice as high. One area where law enforcement officials believe drugs frequently go missing is among traveling nurses. SBI Agent Ken Razza says that many nurses have little or no supervision and that the medications they carry are frequently kept in the open.
Another center of prescription drug diversion is in assisted living homes across the state. SBI officials say they are working with operators of such facilities to put new procedures in place to stop prescription thefts from happening. For instance, assisted living homes have begun drawing up regulations that ensure that only licensed nurses ever handle drugs and that two nurses are present whenever medication is actually dispensed. The SBI encourages painkillers to be kept locked in a special container which can only be unlocked by an off-site pharmacist by computer command.
Attorney J. Bradley Smith answering the question: “What is the difference between a misdemeanor and a felony?”
It’s not too often that meth manufacturers call the cops on themselves. A recent article in the Huffington Post should serve as a good example to would be drug dealers of what kind of excuse not to use. The article discussed how three North Carolina men got themselves into hot water by calling 911 to come and rescue them after getting lost in the woods.
According to authorities, three men hiked off into the woods in rural Caldwell County over the weekend. Late Monday night the local sheriff’s office received a 911 call from Sonny Hyatt, who told dispatchers he and his two friends, Thomas Imler and Eric Schmidt, were lost in the woods. Authorities tracked down Hyatt using the GPS coordinates in his cellphone and rescued the three men.
It didn’t take long before deputies say they started wondering why exactly the three men were in the woods in the middle of the night in the first place. Hyatt apparently chimed in claiming that he and his buddies were in the woods looking for ghosts, saying they had heard stories that the woods were haunted and were in search of paranormal activity.
Police investigators apparently did not fall for the story and continued questioning Hyatt. After a bit more intense interrogation, Hyatt finally cracked and admitted that he and his friends had actually gone into the forest to cook up meth. Apparently their meth recipe failed to work and the three men then got into an argument. After the argument they split up and got lost, leading to the frantic 911 phone call.
Charlotte Criminal Lawyer Blog