Charlotte DWI Lawyer Brad Smith answers: A past conviction is keeping me from finding work what can I do?
A state legislator has introduced a bill that she says will close a loophole in Illinois’ sex offender registry. Critics of the bill say the bill is “overly punitive and burdensome” on offenders who have paid their debt to society, according to the Chicago Tribune.
J. Bradley Smith of Arnold & Smith, PLLC answers the question “Do I need to hire an attorney if I have been falsely accused?”
If you are a parent and your child is a teenager, you need a criminal defense lawyer.
So writes author Lisa Green in her new book On Your Case: A compassionate (and Only Slightly Bossy) Legal Guide for Every Stage of a Woman’s Life. Green cites numerous examples in her book showing how even good intentions and seemingly harmless actions can balloon into criminal charges for unsuspecting teens—and parents.
Green writes that parents of teenagers need a criminal defense attorney on speed dial for more than criminal charges. What if, for instance, a school administrator asks a teenager to hand over his or her cell phone because he or she was accused of sending inappropriate text messages? The child or young adult has not been charged with a crime, but citizens—including children and young adults—have Constitutional rights, and those rights extend to investigations.
School administrators can search a cell phone, a laptop, a book bag or any other item belonging to a student only if they have reasonable suspicion that a child has engaged in criminal activity. If a search request is made, Green writes, a child or young adult should refuse the request and ask to call one’s parents.
J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I ever plead guilty to a charge?”
The criminal law, it is said, evolves as technology does, and criminal codes and doctrines grow to fit the new circumstances and technologies that criminals, would-be criminals and unknowing criminals commit. It should come as no surprise, then, that longstanding criminal doctrines are being applied to actions taken on devices that have become ubiquitous in modern American life: phones.
Except, devices that people carry around these days have come a long way from the banana-sized box lawyer Johnny Cochran made famous carrying around in the early-to-mid 1990s. It is said that the law cannot keep pace with society, evolving about twenty years slower than the culture, but even the United States Supreme Court has caught on to the uniqueness of the modern “cell phone,” calling the devices “minicomputers that also happen to have the capacity to be used as a telephone” in a landmark case last year called Riley v. California.
In that case, the high court unanimously rejected the United States government’s position that when a person is arrested, a law-enforcement officer is entitled to seize everything off the arrestee’s phone. The court ruled officers need a warrant to do that.
Phones—or whatever one calls them nowadays—are still bringing individuals into criminal jeopardy, however, as a recent case from Massachusetts illustrates.
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.
J. Bradley Smith of Arnold & Smith, PLLC answers the question “If I have an outstanding warrant, what should I do?”
The “Hands up, don’t shoot!” moniker is all the rage in the United States, with prominent professional athletes in the National Basketball Association and National Football League, as well as well-known celebrities, politicians, political pundits and media figures adopting the meme—some displaying the same on tee shirts proclaiming the phrase.
Long before the rage—before Michael Brown was shot to death by Officer Darren Wilson in Ferguson, Missouri, and before New Yorker Eric Garner died after being wrestled to the ground by a small team of New York City police officers—an unarmed backseat passenger in Billings, Montana was shot to death for failing to raise his hands during what began as a simple traffic stop.
Officer Grant Morrison said that on the night of April 14, 2014 he saw a car “turn quickly and decided to follow it.” After following it, Morrison said, he pulled the car over because of a “light violation.” Richard Ramirez was a passenger in the car.
Morrison testified at a hearing that after pulling the car over, he noticed that the back right passenger was pushing against the door. Morrison ordered all of the car’s occupants to raise their hands, but the 38-year-old Ramirez kept fumbling for something in his pocket.
J. Bradley Smith of Arnold & Smith, PLLC answers the question “Should I talk to the police?”
Americans are well informed of the facts—and the rhetoric—surrounding the high-profile police killings of Michael Brown in Ferguson, Missouri and Eric Garner in New York City this past summer. Most are just as familiar with killing of two New York City police officers last weekend by a man who said the point-blank shootings were retribution for Garner’s killing.
The man—Ismaaiyl Brinsley—allegedly posted on the website Instagram some three hours before fatally shooting officers Wenjian Liu and Rafael Ramos that he was “Putting Wings on Pigs Today.” The term “pig” is an insulting form of slang that refers to a law-enforcement officer. One gives someone wings—a reference to angel’s wings—by murdering someone. Brinsely’s post, translated, meant he planned to kill some police officers.
Now police in Chicopee, Massachusetts are seeking a criminal complaint against a 27-year-old man who also allegedly used the phrase “put wings on pigs” in a post on his Facebook page. That man—Charles DiRosa—is not accused of killing anyone, but police view the comment as a threat, according to Chicopee Police Department spokesman Michael Wilk.
The complaint, filed by members of the detective bureau in Chicopee District Court, is described as a “show-cause” complaint. A report by the local CBS affiliate described the charge against DiRosa as a “Threat To Commit A Crime.” At the show-cause hearing, the District Court will decide whether the complaint is valid. If so, DiRosa will be entitled to have a trial to answer and defend against the charge.
J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?”
A 30-year-old Montana man has been convicted of deliberate homicide in the April 27, 2014 shooting death of a German foreign-exchange student.
The man, Markus Kaarma of Missoula, Montana, found 17-year-old Diren Dede in his garage after Dede triggered motion sensors. Witnesses testified at Kaarma’s trial that the man fired four shotgun blasts at Dede. Prosecutors argued at trial that Kaarma paused before taking the fourth shot, allegedly adjusting his aim before firing a blast into Dede’s head. Dede was unarmed at the time.
Kaarma’s neighbors testified that the man was disappointed by the response of local police to previous break-ins at his home. His girlfriend, Janelle Pflager, allegedly told neighbors that Kaarma set out to bait an intruder and catch one himself. Prosecutors argued that Kaarma wanted to do more than catch a burglar; they said he was intent on “luring an intruder into his garage” in order to harm the person. On the night of Dede’s shooting, Kaarma had left the garage door partially open with a purse visible inside.
Kaarma argued at trial that he feared for his life and could not tell whether the intruder was armed or not at the time he fired the shot. His lawyers also pointed out that Kaarma had been on edge after his garage was burglarized at least once in the weeks before the shooting.
J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?”
The move is on—in the wake of riots and protests over police shooting and choking deaths of two unarmed men in Ferguson, Missouri and New York City—to equip police officers nationwide with body cameras. Privacy advocates, police chiefs and at least one police union, however, are expressing concerns about the plan.
The Washington Post reported Wednesday that the Obama Administration has proposed spending $75 million on 50,000 body cameras to be fitted upon law-enforcement officers across the United States.
The Charlotte-Mecklenburg Police Department is well ahead of the curve on body cameras. Earlier this year, CMPD Chief Rodney Monroe announced that all officers in Charlotte would be equipped with body cameras. (See related blog: “CMPD police body cameras may mean Ferguson never comes to Charlotte”).
This, Monroe said, would increase the trust the community has in police and, at the same time, would provide the State with crucial evidence regarding the circumstances of crimes and the conduct of responding officers.
The Post, citing NBC News, which in turn cited St. Louis hip-hop artist and activist Antoine White, said police body cameras might not be all they are cracked up to be. White, who met with President Barack Obama at the White House on Monday to discuss the recent events in Ferguson, told NBC News that “Giving a policeman a camera does not prevent him from shooting me in the head.”
J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?”
The Supreme Court entertained arguments this week in a case that could lead to the criminalization of some rap lyrics.
The case involves a 31-year old “aspiring rapper who likes attention” named Anthony Douglas Elonis. In early 2010, Elonis’s wife left with the couple’s two small children. Not long after, Elonis was fired from his job at an amusement park after coworkers made at least five sexual harassment complaints against him.
Elonis took to Facebook to voice his opinions about his estranged wife, his former employer and his old coworkers.
The statements began with Elonis posting an “I wish” caption beneath a Halloween photo showing him holding a knife to a coworker’s neck. That coworker had filed a sexual harassment complaint against Elonis shortly before Elonis lost his job.
Elonis then began posting statements directed at his estranged wife. In one message, he wrote: “If I only knew then what I know now, I would have smothered your ass with a pillow, dumped your body in the back seat, dropped you off in Toad Creek, and made it look like a rape and murder.”
J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?”
Researchers in Stockholm, Sweden have published findings that appear to show a link between two genetic mutations and a propensity to commit violent criminal acts.
The researchers studied the DNA of 800 Finnish criminals and compared it with 2,000 non-incarcerated Finns who had given DNA samples for a previous study. The researchers found that the two genetic mutations rendered individuals 13-times more likely than the general population to commit a violent crimes. The study did not draw a causal link between the mutations and violent crime.
Researchers hope the information is valuable to “offenders who want to break their cycle of repetitive violence.”
The study’s lead author, Dr. Jari Tiihonen, said researchers found that offenders with one of the two mutations experienced marked spikes in dopamine whenever they consumed drugs or alcohol, which could have fueled criminal activity.
Tiihonen suggested, for instance, that in addition to traditional forms of criminal punishment, offenders with certain genetic mutations could be administered drugs while incarcerated that “make it impossible… to use alcohol anymore… given the medication’s ability to make drinking unpleasant and distasteful.”
Charlotte Criminal Lawyer Blog