Criminal Defense

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.

Bathroom Bandits Strike Charlotte Bojangles

Published on: April 17, 2014 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “The person that called the police doesn’t want to press charges.”

Charlotte-Mecklenburg Police officers say that in all their years investigating area crimes they have never encountered a bathroom holdup. This week marks a first for the department as it was revealed an older man was robbed at gunpoint in the bathroom of a Charlotte area Bojangles this past week.

The crime took place Sunday evening, a little after 7:30 p.m., at the Bojangles in The Plaza. Police say that as an older man was preparing to order his dinner, two young men in hoodies stepped into the restaurant and were first spotted on a store security camera. While the older gentleman’s food was being prepared, he excused himself to the restroom. What happened next surprised not only him, but police as well.

According to reports, as soon as the man entered the bathroom with his back to the door, the two young men in hoodies followed closely behind. They then stuck a gun to the man’s back and threatened to kill him if he resisted. The criminals then ordered the man to empty his pockets. Within a minute they had secured the man’s wallet, cash and cellphone and were just as quickly out of the restaurant and away in a nearby car.

Police say that the encounter shocked the victim who says he never saw it coming. After he was robbed he went to tell restaurant employees who were similarly stunned and say that they had no idea a robbery was taking place only a few feet away from the cash registers.

North Carolina Woman Charged With Reckless Driving After Ending Up In A Creek

Published on: April 15, 2014 | On behalf of Arnold & Smith, PLLC

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

North Carolina State Highway Patrol officers have charged a woman after her car ended up in a ditch in Onslow County earlier this week. In that case, 23-year-old Brittany Veitch was charged with reckless and careless driving after her vehicle slid off the road and wound up in a creek.

Law enforcement officials say that the woman was arguing with a passenger before the accident happened. As a result of distraction, Veitch then drifted out of her lane and eventually ended up in the ditch. At the time of the accident, Veitch was transporting her 9-month-old son. Thankfully, reports indicate the boy was safely strapped in his car seat and was unharmed as a result of the accident.

Some people might be surprised that charges were filed despite the relatively minor consequences of the accident. The reality is that in North Carolina the law allows police officers the latitude to bring charges against those drivers who were distracted, careless or reckless while operating their vehicle. The law exists to punish those whose inattention could lead to possibly devastating injuries to themselves or others.

Beyond obvious examples of distracted driving like texting or talking on the phone, the reality is that even heated arguments with passengers can create the kind of danger that leads to accidents. As this case illustrates, doing anything that pulls your attention away from the road can be enough to lead to a momentary mistake. Eating, fiddling with the radio, yelling at kids in the back seat or looking for directions, are all low-tech examples of distracting activities that can not only cause harm but also serve as the basis for a motor vehicle offense.

Television Theft Takes Years To Uncover

Published on: April 10, 2014 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “The person that called the police doesn’t want to press charges.”

Usually, you’d expect that if someone had $500,000 worth of electronics stolen from them they’d notice pretty quickly, right? However, recent reports issued by the Democratic National Convention Committee and LG Electronics appear to prove that it might take years before a theft of that size could be uncovered.

According to a recent article, it took the DNC more than six months and LG nearly two years to come to grips with the vast array of electronics that went missing following last fall’s convention in Charlotte. The DNC revealed that an estimated $496,000 worth of equipment disappeared after the 2012 convention.

Included among the missing items were a number of Apple laptops, iPads, printers, BlackBerrys and, most notably, television sets. According to the DNC, the group purchased 600 BlackBerrys prior to the convention. Of those, 282 were eventually returned while a whopping 217 failed to turn up.

Beyond the smaller items such as smartphones or iPads that might have accidentally disappeared, LG Electronics, supplier of the television sets used during the event, say that 72 big screen television sets vanished at the end of the convention. The company says that while it noticed the sets had gone missing sometime last year, it assumed that they had only been misplaced. Now, after going through records the company is convinced that the sets were stolen and have asked CMPD to investigate. The televisions ranged in price from $350 to $1,800 and are worth a total of around $75,000.

North Carolina Man Arrested After Drunk Driving Stop Turns Violent

Published on: April 8, 2014 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “What happens if I am convicted of a DUI or DWI in North Carolina?”

One drunk driver from Lincoln County, North Carolina is facing some serious criminal charges this week after police say he dragged an officer nearly 40 feet and later spit blood in the man’s face.

According to authorities, the encounter began at around 11:30 p.m. last Wednesday when 20-year-old Jake Nelson was spotted running a red light on Highway 16. An officer saw Nelson and tried pulling him over. However, rather than comply, Nelson chose to run, a decision that could now cost him dearly.

After speeding away from the officer, Nelson is said to have driven off down several smaller side roads, nearly losing control of his vehicle at one point. Finally, Nelson ran out of room to drive after making a wrong turn down a dead end street. The arresting officer approached Nelson’s car, but the young man initially refused to roll down the window. After a while, Nelson agreed to crack the window, at which point the officer says he clearly smelled alcohol.

Backup soon arrived to help the first officer arrest Nelson who still refused to get out of the vehicle. The first officer then stuck his arm through the cracked window to try and unlock the door when Nelson rolled the window up and put the car into drive. The vehicle then slowly rolled for more than 40 feet, dragging the officer the entire way.

Police say they were only able to subdue Nelson after the officer whose hand was caught in the door finally got ahold of his Taser and used it on the young man. In the subsequent tussle, police say nelson spit blood on the officer.

North Carolina Bank Robber On the Loose

Published on: April 3, 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 say that a man with a thick Boston accent robbed a bank in Lincolnton, North Carolina this week before fleeing the scene of the robbery in a stolen car. Authorities say that the bank, the Peoples Bank, was knocked over just after they opened for the morning, at around 9:15 a.m.

The robbery took place at a location on Highway 27 West, where they say a white male wearing a t-shirt, hoodie, shorts and tennis shoes walked in and demanded money. According to witnesses, the man walked directly up to a teller and handed the man a note, asking for cash. The man also told the teller to be sure that none of the money contained dye packs, something used by banks to help officers trace and collect stolen money.

In the note, as well as in person, the robber is said to have threatened to shoot the teller if he did not comply. Police say that no weapon was ever displayed and that the teller filled up a bag with an undisclosed amount of money before the man turned and ran.

Police say thanks to quality security camera footage they were able to identify the suspect as 49-year-old Jean Pierre Gendron. The man has several noticeable tattoos, is bald, skinny and does indeed have a thick Boston accent. Lincolnton police investigators say Gendron has an extensive criminal history and is believed to be armed and dangerous.

Underage Drinkers In North Carolina Face Stiff Penalties

Published on: April 1, 2014 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “What happens if I am convicted of a DUI or DWI in North Carolina?”

In light of pop star Justin Bieber’s recent arrest for drunk driving in Miami, many have begun paying closer attention to local laws concerning underage drinking and driving. The reason is that some were surprised to hear that Bieber had been busted after police found him driving with a blood alcohol level well below the 0.08 percent that many assume is standard.

In Bieber’s case, Florida’s law says that a person under 21 can be arrested and charged with drunk driving if they are found to have a BAC of 0.02 percent or above. This might come as a shock to many people who automatically assume the 0.08 percent applies to all drivers across the board.

Young drivers in North Carolina should realize that a similar law exists in this state which can lead to young people being arrested with far lower levels of alcohol in their system than would be required for drivers over 21. North Carolina’s law is actually even stricter than the one in Florida, with legislators here adopting a zero tolerance approach. That means that any driver under 21 who is found to have any alcohol in his or her blood whatsoever, even something as small as 0.01 percent, could be cited for impaired driving.

The rules can be so strict for young drivers because the state’s law clearly explains that it is illegal for anyone under 21 to consume alcohol except for in several very narrow circumstances. These circumstances include religious reasons, medical requirements or educational purposes (chefs and others that might need to cook with wine).

Though drivers under 21 make up a relatively small share of the overall drivers in the state, only about 10 percent, the account for a disproportionately higher share of all DUI related deaths every year, 14 percent. Given this disparity, legislators have long felt that a strict approach was the best way to ensure everyone’s safety on the roads.

What’s the best/worst case scenario for those arrested for drunk driving in North Carolina?

Published on: March 27, 2014 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “How can an attorney help me with my DWI?”

Those busted for drunk driving in North Carolina understandably have a million questions following the arrest. Some common examples include how much will the arrest end up costing, is jail time possible and what impact will the arrest have on your future?

Another one of the most common questions involves a best case/worst case scenario. Drivers often feel better knowing what the range of possible outcomes is in their case. Though nothing is absolute and your particular circumstances will greatly impact the outcome, the following are some good examples of possible best case/worst case scenarios.

The first thing to note is that the law can be surprisingly severe even for first-time offenders. North Carolina’s drunk driving law says that drivers will face fines, possible short jail times or community service, court costs and a suspended license. However, there are a variety of other factors that can ratchet these punishments upward.

Specifically, the law accounts for what are known as “aggravating” and even “grossly aggravating” factors, which can increase the severity of punishments facing first-time offenders. Examples of such aggravating factor include arrests while transporting a minor child, having exceptionally high blood alcohol content or prior drunk driving offenses on your record.

North Carolina Prepares For Possible Change Regarding Jury Trials

Published on: March 25, 2014 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “Do I need to hire an attorney if I have been falsely accused?”

A public hearing took place earlier this week in Raleigh regarding a possible constitutional amendment in North Carolina that would allow criminal defendants to waive their right to a jury trial. If implemented, the measure would permit anyone except those facing a possible death sentence to choose to waive the right to a jury and instead let a judge hear the case.

Both houses of the General Assembly passed the constitutional amendment last year with almost unanimous support. Before the amendment can be officially implemented, it will first need to be approved by a majority of voters in an election scheduled for the fall.

Those who support the measure say that it offers defendants added choices when preparing their defense and also could save the court system serious money. By allowing for a speedier trial process when defendants believe a jury is not in their best interest, the hope is that everyone can benefit.

Though the measure passed the legislature with wide margins of support, there are some critics to the proposed change. Public defenders have been especially cautious about the measure, saying that they worry about the possibility that a judge or a prosecutor could exert pressure on a defendant to accept a bench trial. The interest of speed and judicial economy might come to outweigh a defendant’s wishes in some cases, a possibility that worries those in the criminal defense world.

Small Time Theft Leads To Big Time Felony Charges

Published on: March 20, 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?”

In a curious case out of Rowan County, North Carolina, a couple is facing serious criminal charges after getting caught stealing a pair of cheap sunglasses. The case should serve as a glaring reminder that even relatively minor crimes like shoplifting can spiral into much bigger issues given the right set of circumstances.

According to the Rowan County Sheriff’s Office, things started going badly for Ana Marie Isenhour and Michael Shane Hooks one evening in late January. The couple, who live together in Gold Hill, NC, were shopping at the Gold Hill Market located on Highway 52.

The clerk at the store says the two were shopping together for some time and actually ended up buying several items, but the clerk noticed that they had picked up a pair of $14.99 sunglasses and never paid for them. The concerned store employee followed the pair to the parking lot and asked to have the sunglasses back. This confrontation quickly soured and the two pulled handguns out of their vehicle and threatened the clerk.

Police say that Hooks was carrying a Smith & Wesson .40 caliber handgun while Isenhour had a .380 semiautomatic handgun. Interestingly, the couple returned to the same market the very next morning to buy gas, this time driving an easily identified vehicle. The owner of the market emerged and insisted that the two leave before he called the cops. Thankfully both drove off without another show of force.