Charlotte Criminal Lawyer Blog

Drive Sober North Carolina Campaign In Force Over Labor Day Weekend

Published on: August 29, 2012 | On behalf of Arnold & Smith, PLLC

The North Carolina Highway Patrol and the National Highway Traffic Safety Administration have come together to announce the start of another “Booze It & Lose It” campaign. The enforcement crackdown on drunk drivers began on August 17, 2012 and runs through the upcoming Labor Day weekend. The campaign will be enforced throughout the state of North Carolina over the busy holiday weekend.

Law enforcement officials say that substance-impaired driving contributes to nearly 30 percent of all North Carolina traffic fatalities and they aim to lower that number during this period of heavy enforcement. Numbers show that there were 10,228 alcohol-related fatalities across the country in 2010, the equivalent of one death every 51 minutes. Post #1 criminal image 8.28.jpg During the same time period, more than two-thirds of drunk driving deaths (7,145 or 70 percent) involved drivers with a blood alcohol concentration (BAC) of .15 or higher. Overall, the most frequently recorded BAC among drunk drivers involved in fatal crashes was .18 BAC.

The NHTSA has released a series of tips for those on North Carolina roadways over the weekend. Those out driving around should make sure to wear their seat belt as this will help reduce the chance of a deadly accident should you encounter a drunk driver. It’s also important to be smart when out driving around. Twice as many alcohol-related crashes occur over the weekend than during the week and four times as many happen at night.

To avoid potentially injuring someone by driving drunk, make sure to plan ahead. Designate a sober driver before going out and give that person your keys. Otherwise take a taxi or use mass transit. If it’s too late for that, you can consider spending the night rather than getting behind the wheel.

If you aren’t smart in avoiding drunk driving, the problems can multiply. Not only can drunk drivers be charged criminally for their actions, but they also open themselves up to potentially expensive civil actions for the damages they inflict on others. The cost of one bad decision can haunt you for a long time to come.

North Carolina Crime Lab Falls Further Behind

Published on: August 25, 2012 | On behalf of Arnold & Smith, PLLC

According to an article in the Charlotte Observer, the problems at North Carolina’s State Crime Laboratory are growing worse, something that has prosecutors and defendants alike waiting for results and worrying about the future.

The lab director, Joseph R. John Sr., says that an increase in evidence submitted for testing has magnified problems caused by the already tight budget and is responsible for the long wait times common these days. The lab’s budget is only $13.3 million, down from $13.6 million. Money is tight and the numbers are down. Since 2009-10, the crime lab staff has dropped to 124 from 130. Post #2 criminal image 8.25.12.jpg Shockingly, there are only 12 toxicologists for the entire state, compared with some 20,000 law enforcement officers.

The strain is being felt in terms of active cases that have been held up by the delayed analysis. Driving-while-impaired cases are frequently being continued while prosecutors wait for test results. Just this month, prosecutors in Haywood County dismissed a DWI case against a man with two prior convictions. Prosecutors say they waited six months for the test results and another eight trying to get the former analyst who performed the test to testify in court. Apparently the analyst who did the testing quit at some point after performing the test and would not accept subpoenas sent via certified mail. Without the analyst, prosecutors could not use the results of the blood test and the case was dropped.

Though it may seem hard to believe given the enormous workload waiting on them back the office, many lab workers find themselves increasingly pulled away to testify at trials. The reason is because of a 2009 Supreme Court ruling that required the person doing the blood testing to take the stand if the defense objects to the admission of the test results. The number of court hours, including travel, for forensic toxicologists in Raleigh grew from just less than 700 hours in 2009 to more than 2,400 hours in 2010.

John said the North Carolina General Assembly has authorized a study looking at expanding the Asheville crime lab and he has pressed that the group be given more money to adequately perform its critical function.

The problem is a big one as defendants have a constitutional right to a speedy trial and if an accused person cannot afford to post bail, long delays in processing evidence lead to a protracted period waiting in jail for a trial. Defendants whose rights are compromised by a long wait to process evidence may even feel compelled to plea bargain and accept responsibility for crimes they did not commit, just to hurry the process along and get out of jail sooner.

Charlotte Police Catch One Monitor-Removing Fugitive, Another Remains on the Loose

Published on: August 23, 2012 | On behalf of Arnold & Smith, PLLC

According to an article on WCNC.com, fifty-one year-old Keith Allen Murray was arrested Thursday morning on University City Boulevard after he removed his electronic monitoring bracelet over the weekend. He was found by police while they were searching for Eric Dwayne Jones, another fugitive that had removed his electronic monitoring device.

Until Sunday, Murray had been wearing the monitor since he was released from jail on April 12, 2012 when he posted bond. He had been arrested on charges of larceny and breaking and entering. Since his April 12, 2012 release date, Murray was arrested two additional times, including one of those times for assault charges. Post #1 criminal image 8.23.12.jpg He is currently being held in a Mecklenburg County jail.

Charlotte-Mecklenburg Police have said they are still looking for Eric Dwayne Jones, 28. According to police, Jones removed his electronic ankle monitor by cutting it off one evening in the middle of last week.

Jones was last seen near the intersection of Freedom Drive and Toddville Road. He was released on a $50,000 bond on May 1, 2012 and had been wearing the monitor since that time. Jones was arrested in the first place thanks to armed robbery-related charges, including three counts of robbery with a dangerous weapon. CMPD records show that Jones has 22 Mecklenburg County arrests in his past, including nine arrests within the past three years.

Charlotte Police Ready For Possible Massive Arrests During DNC

Published on: August 18, 2012 | On behalf of Arnold & Smith, PLLC

Charlotte-Mecklenburg police officials have said that they will be boosting their jail staff by upwards of 30% and have double or triple the number of magistrates on duty in preparation for a possible huge increase in the number of arrests during the Democratic National Convention.

Local officials have said that as many as 10,000 protesters are expected to arrive in Charlotte if past conventions are a guide. A major protest march currently planned for September 2nd could be the largest in Charlotte’s history. The major march will not be the only event that authorities have to contend with as many other smaller marches and rallies are already planned throughout the week of the convention. As a result, the police have announced a heavy police presence throughout downtown and along protest routes.
Another factor that will complicate matters for police is the recent closure of the uptown arrest processing center. The facility was closed due to scheduled renovations and will not reopen until some time in 2013, too late to be of any use for the DNC. As a result, all those arrested will have to be transported to the Spector Drive center which is located north of town.

In addition to the increase in personnel, there will also be a shift in the way police resources are allocated. Sheriff’s officers will be moved from their posts at the uptown courthouse to increase staffing at other important sites. The Mecklenburg County Courthouse will be open during the week of the convention, but no criminal trials will be held and only a few courtrooms will be operating. Sherriff’s officers will also not be permitted to take vacations during the week of the convention.

At the Spector Drive processing center between two and four magistrates typically work shifts. During the week of the DNC that number will jump to between six and eight. Magistrates too will not be allowed to take days off and everyone will be on call if the need arises for even more staff.
Police have said that they will try to give warnings and allow protestors space to voice their frustration. The focus of arrests will be on individuals where people are being hurt and property is being damaged. Those who pose no danger to others may just be issued citations so officers don’t have to leave their patrol and have valuable time eaten up at the arrest processing center.

Unlucky North Carolina Man Arrested Twice in One Evening

Published on: August 16, 2012 | On behalf of Arnold & Smith, PLLC

According to a recent report in the Gaston Gazette, one unfortunate man from Gastonia received two visits, and two arrests, in the span of only one night. The report said that one Gastonia police officer ended up pulling over and arresting the same unlucky individual twice in 6.5 hours. The officer, J.C. Padgett, happened upon 27-year-old Kenneth Wayne Bradshaw on two different occasions while out on patrol one night.

Post #1 criminal image 8.15.12.jpg Officer Padgett arrested Bradshaw the first time for drug possession and driving with a revoked license following a traffic accident. Bradshaw then posted bond of $2,500 and got out of the Gaston County Jail at 9:21 p.m. last Thursday.

At 11:51 p.m., Officer Padgett got word that there was another wreck where he was needed. He arrived at the scene and was shocked to find Bradshaw in the same pickup truck he had wrecked earlier that same evening. Bradshaw was again cited for drug possession and driving on a revoked license as well as two new charges, careless and reckless driving and DWI. Bradshaw wasn’t so lucky the second time around, and remains incarcerated on a $50,000 bond.

Recent arrest shows that North Carolina bank robbery doesn’t pay

Published on: August 11, 2012 | On behalf of Arnold & Smith, PLLC

According to a recent article on WCNC.com, one Charlotte man was recently arrested in connection with the robbery of a BB&T branch in south Charlotte. Investigators are saying that the man may be connected to as many as three other bank robberies that have occurred throughout the city this summer.

The man, Anthony Watson, was arrested without incident at the InTown Suites early this week by the Violent Criminals Apprehension Unit. Currently, Watson is only charged with the most recent armed robbery of the BB&T branch.

A spokesperson for the Charlotte-Mecklenburg Police Department said that they are continuing to investigate the other three robberies and are treating Watson as a prime suspect in each one. Post #2 criminal image 8.11.12.jpg Police believe that Watson may also have robbed the SunTrust Bank on Galleria Boulevard back in June and then again in the middle of July as well as the BB&T branch on West Arbors Drive on July 30.

Turns out before embarking his bank-robbing spree, Watson should have stopped to consult with the economist at the Royal Statistical Society and American Statistical Association. The two groups recently published a study on the economics of bank robbery and determined the crime doesn’t pay off in the end.

The researchers looked at the average loot from a bank robbery in the U.K. over a three-year period and found it came to only $31,786. Maybe not terrible, but not much given the risk associated with the crime. The researchers went further; determining that there were on average 1.6 robbers involved in each heist, which meant the total per robber came to only $19,865.

Police Baffled by Huge Increase in Charlotte Scooter Thefts

Published on: August 9, 2012 | On behalf of Arnold & Smith, PLLC

According to a recent article on WCNC.com, there’s a terrible crime wave sweeping the city of Charlotte. This particular activity has so far occurred twice as much this year as it did in all of 2011. What type of crime is the Charlotte-Mecklenburg Police Department searching for ways to clamp down? – Scooter thefts.

Charlotte-Mecklenburg Police Department Sgt. Rich Tonsberg said the department sees the rash of thefts as a “significant problem.” Swiping the small and gas-efficient vehicles has become more common across many different areas in the city. Post #1 criminal image 8.9.12.jpg With rising gas prices and families still recovering from the economic downturn, scooters are becoming an increasingly popular mode of transportation in Charlotte and many cities throughout the country. They’re cheaper and smaller. The tanks are less expensive to fill and the costs of insurance and registration don’t even come close to that of a car. Unfortunately, they have also become a prime target for theft.

The police say there’s a reason why criminals are targeting scooters in particular. Most are not secured which means they can be easily picked up, put in the back of a pick-up truck or a van and driven away from the scene of the crime.The police say this makes scooter theft a surprisingly easy crime to commit.

Electronic Monitoring Leads to Conviction in Charlotte

Published on: August 4, 2012 | On behalf of Arnold & Smith, PLLC

According to WCNC, just this week the Charlotte-Mecklenburg Police Department announced that their electronic monitoring program led directly to a rape conviction. Damian Jackson claimed that he never committed the crime, despite evidence from the electronic ankle bracelet that showed he was at the scene at the time of the rape.

His defense attorney argued that Jackson could not have committed the crime given that he was on foot and that there was just a nine-minute window where the woman was assaulted. electronic monitoring device 8.4.12.jpg It took the jury only 20 minutes to convict Jackson, apparently not convinced by the victim’s testimony. Instead they were swayed by the data contained on the monitoring system.

The moment marked the first time a defendant in Charlotte has challenged the system in court. Police Sergeant Dave Scheppegrell said, “This is the first case where a person plead not guilty and we have a jury trial where a tracking monitor was showing them at the scene of a crime. That’s significant.”

For his crime, Jackson received eight-and-a-half to 11 years in prison. Had he agreed to the deal offered to him by the prosecution prior to trial he might have been released on time served.

The police department’s electronic monitory program began in 2007 and has since expanded dramatically, covering an array of crimes and suspects and running up a $35,000-a-month bill. Police say they are currently watching about 400 people at any given time and more than 1,000 this year alone.

The program was created in response to a rise in the number of robberies across Charlotte in 2004 and 2005. Even now the majority of those wearing the devices are facing robbery and burglary charges, though police have begun adding some domestic violence and sex assault offenders to the program. The program has thus far dealt with a significant number of younger offenders, with the majority of people monitored younger than 25. In February of this year, 251 of the 372 (67%) on electronic monitoring were in that age range.

Charlotte Police Prepare For Convention Crackdown

Published on: August 2, 2012 | On behalf of Arnold & Smith, PLLC

According to a recent report on WISTV, Charlotte police are ready for the thousands of protestors that will surely descend on the city during the Democratic National Convention in early September. The police department has added thousands of officers from outside departments and spent millions on training, equipment and temporary barriers. All that plus the very helpful layout of the city should ensure the police have the upper hand on any rowdy visitors.

The city’s geography should help police as the convention will take place in the heart of the business district which is flat and surrounded by interstate. charlotte dnc 8.17.12.jpg The police will easily be able to surround and secure protestors should the need arise. Police Chief Rodney Monroe says he’s ready to do what needs to be done to keep the city calm and says that if protestors start agitating people he won’t hesitate to take action.

Charlotte has spent some $50 million in federal money to buy new equipment and train officers. The city sent 100 officers to Chicago during the NATO conference earlier this summer to get a feel for what things might be like when the DNC comes to town. The city will also add some 3,000 officers from outside to help boost its existing force of 1,750 officers. Temporary concrete barriers along with 9-foot-high steel fences will spring up across town and serve as a way to manage crowds at key locations in the city.

More than spending money, the city is passing laws that will allow for a possible crackdown. Charlotte adopted a measure in January of this year that would allow the creation of designated spaces for people to gather during large events and prevent them from carrying backpacks or other items in those spaces. The City Council passed new security rules for what it referred to as “extraordinary events,” a label which has been applied not only to the DNC, but also to shareholder meetings for Duke Energy and Bank of America. The rules will permit searches of backpacks, briefcases, messenger bags, and carry-on luggage. Grounds for potential immediate arrest are possession of spray paint, hammers, crowbars, utility knives, padlocks, lumber, and permanent markers.

Recent Reports Show Rise in Charlotte Crime Rates

Published on: July 30, 2012 | On behalf of Arnold & Smith, PLLC

Some bad news has been reported for the Charlotte-Mecklenburg Police Department after data indicates a recent string of crime rate declines have come to an end. Three years of major drops in crime have abruptly stopped and been replaced with glaring jumps in a variety of crimes across the city.

Since the beginning of the year, homicides in the city have increased by an astounding 40% compared with the same period last year. Robberies are up 17% and aggravated assaults have spiked by 14%.

Such a development is unexpected under the new police chief, Rodney Monroe, who took over the department in 2009 and presided over an unprecedented drop in crime. Post #2 criminal image 7.30.12.jpg Almost immediately when he moved into his new role, the numbers began falling. In fact, in 2011, the department announced that the crime rate had fallen to the lowest level since it started keeping consistent records in the 1970s.

When the new numbers were revealed, the department emphasized that the trend in the city over the past three years is still downward for most crimes. The only exception over a three-year period is aggravated assault, which saw a 12% increase.

The approach used by the current police chief has resulted in lower crime than any of his other predecessors. Chief Monroe’s department focuses less on geography and more on identifying specific criminals and locking them up before they can commit additional crimes.

The larger picture across the state shows good news and continuing drops as the North Carolina attorney general announced that statewide crime dropped for a third year in a row. The drop marks a 34-year low and part of several decades of declining crime rates.