Articles Tagged with Charlotte DWI Lawyer North Carolina Criminal Defense Attorney

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

A recent New York Times article delved into the issue of for-profit websites that exist to catalog the embarrassing mug shots of everyone from celebrities to Average Joes. The article set off a firestorm after it revealed some surprising information about how the websites operate, specifically with regard to their takedown procedures.

Mugshot Charlotte North Carolina DUI DWI Criminal Defense Attorney Lawyer.jpgA Bloomberg article discussed the fallout from the article, which profiled several people whose reputations were damaged by the mug shot websites holding onto their images years after they had officially paid their debts to society. The article noted how the sites scoop up thousands of mug shots every day and hold onto them seemingly forever, despite the fact that many of these people are ultimately found innocent or have their charges dropped. Even if a person’s criminal record is wiped clean, that has not stopped the mug shot aggregators from continuing to haunt a person’s online reputation for the foreseeable future.
The Bloomberg article notes that one issue that stirred up some of the most heated reaction was the way that the sites handle requests to remove a person’s mug shot. Apparently these takedown requests have little to do with a person’s innocence, and instead depend on how much money you are willing to pay. The sites will agree to remove your mug shot for a fee, with the amount ranging between $30 and $400 dollars.

Many people were outraged by what some argue amounts to extortion and some action has thankfully been taken against some of the sites. For one thing, an attorney in Ohio has launched a class-action suit against several mug shot sites, arguing that the sites violate state laws regarding privacy and extortion. Lawmakers in Georgia, Utah and Oregon have passed laws that mandate the sites remove pictures for free when a person is able to submit proof that they were found innocent of the charges or that their records have been expunged.

Continue reading

Attorney J. Bradley Smith answering the question: “Can the police search my car without a warrant?”

A spokesperson for the Charlotte Douglas International Airport has revealed that workers at the airport frequently search cars that travelers leave at valet parking. The revelation came as similar reports have surfaced at other airports across the country, with many people expressing outrage at the warrantless invasions of privacy.

Airport Charlotte North Carolina DUI DWI Criminal Defense Attorney Lawyer.jpgAccording to the aviation director at Charlotte Douglas, any vehicle that is dropped off at the airport’s curbside is subject to being searched. The airport admitted this is something it has been doing for the past year-and-a-half. The airport says that this is part of the facility’s security plan and has been approved of by the Transportation Security Administration (TSA). Airport officials admit that no signs are currently posted alerting passengers to the possibility that their cars may be searched, but say that are now planning on installing such signs.

Security experts say they searches are justified because of how close valeted cars are to the airports themselves. These people claim that because valeted cars are considered dangerously close to the airport that they ought to be searched for potentially deadly devices including bombs that could put other travelers in danger.

The problem with this rationale is that these searches may be a violation of individuals’ Fourth Amendment rights. Not only is the car’s interior being searched, but valets are being told to go through the trunks of the unattended cars as well. Even more alarming is that if a valet attendant finds something illegal but not dangerous, like drugs, the attendant is under orders to alert the police.

Continue reading

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

Police in Greenwood, South Carolina say that two people are facing criminal charges after a man made the decision to pick up a prostitute in a church parking lot. Greenwood City Police say that they had received dozens of complaints about a local woman prostituting herself from her house, which is located behind a church.

Bible praying Charlotte North Carolina DUI DWI Criminal Defense Attorney Lawyer.jpgAfter receiving repeated complaints, police say they launched an investigation into the matter and shortly thereafter spotted a man, Robert Morgan, picking up the woman in the parking lot of the church. Authorities say that 22-year-old Jessica Blackmon got into Morgan’s car and then drove to a convenience store and finally to a private residence in the area.

Police then moved in on the residence where Morgan, visibly nervous, answered the door. Before police could even say a word, Morgan began repeating that he did not want to go to jail. Morgan then claimed that he only met Blackmon by accident, saying that he was out looking for a friend when Blackmon flagged him down and asked him to take her to a store so she could buy condoms.

For her part, Blackmon agreed that Morgan had not come looking for sex; instead, she said he was there to buy crack cocaine from a local dealer. Blackmon also claimed that she was not prostituting herself and that she had simply asked Morgan to take her to the nearby store so she could buy cigarettes and a tampon, though after repeated police questioning she did admit to purchasing a condom.

Continue reading

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.

Continue reading

Attorney J. Bradley Smith answering the question: “I was found not guilty of a charge, but my record still shows the charge.”

In a sad and somewhat surprising criminal law incident from late last month, a woman from Charlotte, NC found herself in jail after being arrested for putting her dog in the trunk of her car. The case ended in charges of animal cruelty for Isla Corina Delcid-Almedare.

Puppy Charlotte North Carolina Criminal Defense DUI DWI Attorney Lawyer.jpgAccording to authorities, Delcid-Almedare was arrested after fellow shoppers at a North Carolina flea market said they saw her lock her dog in the trunk of her car. One eyewitness said that he saw Delcid-Almedare walking her dog at the Barnyard Flea Market along Highway 51 near the state line when he then watched as the woman closed the dog in her vehicle’s trunk.

The man said that after he saw her close the dog in the car, he went to look for a police officer. It took some time before deputies were able to arrive and get the trunk opened. Police say the month-old Shih Tzu puppy was in the trunk for approximately an hour while Delcid-Almedare went shopping. Police say that they spent time trying to locate Delcid-Almedare and then have her return to unlock the trunk.

Witnesses said that a crowd gathered around the car once word got out about what had happened. By the time the little dog was finally rescued from the trunk it was soaking wet with sweat. The temperature in late August was high and police say it is substantially hotter in an unventilated trunk.

Delcid-Almedare’s brother has since spoken out about the incident, saying that his sister never meant to do it. He says that his sister would never have intentionally hurt an animal and that he thinks the entire incident was a big mistake. He believes Delcid-Almedare put the dog in the trunk intending to return quickly, but then lost track of time.

Continue reading

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.

Continue reading

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

A couple from North Carolina is in hot water this morning after both were charged with multiple crimes related to a pornographic video they recorded with their family pets. According to police in Raeford, North Carolina, Ruben Fox, a soldier with the 82ndAirborne Division, and Amber Fox were both charged with crimes against nature, including bestiality, disseminating obscene materials and conspiracy. The wife has also been charged with soliciting a crime against nature given her role in the video.

Camcorder Charlotte North Carolina DUI DWI Criminal Defense Attorney Lawyer.jpgPolice say their crime unraveled when officers with a cybercrime unit in Fairfax County, Virginia noticed a video several weeks ago that had been posted online showing the two engaging in sex acts with several dogs. The couple is accused of making the video at home and then sharing it through a website devoted to such acts.

Police in Fairfax County say they contacted police in Raeford who then began investigating the matter. Raeford authorities seized two recording devices and computer hard drivers from the couple’s home this weekend. Police say they also removed two dogs and three cats from the home and placed them with a nearby animal shelter.

Given the seriousness of the crime, the couple will likely need the help of an experienced North Carolina criminal defense attorney. North Carolina General Statutes Section 14-177 deals with “crimes against nature” and it says that it is a Class I felony to commit a crime against nature “with mankind or beast.” This means that if convicted, the couple faces between three and 12 months behind bars.

Continue reading

Attorney J. Bradley Smith answering the question: “I was found not guilty of a charge, but my record still shows the charge.”

In a move that has sparked concern among some of the staunchest gun advocates, Iowa law enforcement officials have said that they will begin issuing gun permits to the blind. The gun permits will mean that blind individuals are allowed to purchase and carry weapons in public.

Vision Test Chart Charlotte North Carolina DUI DWI Criminal Defense Attorney Lawyer.jpgAccording to officials with the state, the law is clear that local sheriffs do not have the legal right to deny any Iowan the right to carry a gun based on a physical disability. The news has some blind gun owners rejoicing including one man, Michael Barber, who told reporters at an Iowa gun store that he was thrilled with the news. Barber said, “When you shoot a gun, you take it out and point and shoot, and I don’t necessarily think eyesight is necessary.”

Other disability advocates say that denying individuals the right to bear arms due to eyesight trouble violates the Americans with Disabilities Act, which prohibits different treatment based on physical disabilities. The National Federation for the Blind issued a statement in support of the Iowa measure, saying that with proper training blind people can be taught how to safely use guns. Moreover, the group noted that blind people have enough common sense to know when using a weapon would endanger others.

Though Barber may be happy to be able to legally carry his weapons, local sheriffs so far are split on the wisdom of the measure, with some saying they endorse the idea while others are more apprehensive. County Sheriff John LeClere spoke for the latter group when he said, “If you see nothing but a blurry mass in front of you, then I would say you probably shouldn’t be shooting.”

Continue reading

Contact Information