Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “What am I obligated to do if I’ve been pulled for Drinking and Driving?”
Long before Ferguson police officer Darren Wilson shot Michael Brown, and long before New York City police restrained an alleged untaxed-cigarette seller named Eric Garner, killing him and sparking a wave of protests nationwide, a Texas campus police officer shot and killed a 23-year-old college student outside his campus apartment after pulling him over for suspected drunken driving in circumstances that had some calling for a murder charge against the officer.
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?”
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.”
Charlotte DWI Lawyer Brad Smith answers the question: What are the long term effects of being convicted of a crime?
Former Charlotte mayor Patrick Cannon found himself back in federal court in Charlotte last Thursday, where he faced the same federal district court judge who sentenced him to 44 months in prison last month.
Judge Frank Whitney told Cannon he embarrassed the city by accepting bribes in the mayor’s office and then embarrassed the city again by voting in this year’s elections.
Cannon cast his votes on October 30 at Community House Middle School, records show. In the State of North Carolina, persons convicted of felonies are ineligible to vote.
The United States Attorney argued that Cannon was a sophisticated voter and should have known that he had been stripped of his voting rights. The government asked that Cannon’s bond be revoked and that he be placed in custody immediately.
Judge Whitney agreed that Cannon had violated the terms of his bond but declined to place Cannon in immediate federal custody. Instead, Cannon will be fitted with an electronic monitoring device and will be confined under house arrest until he reports to a minimum security federal prison in West Virginia at the end of the year.
J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?”
Bill Stevenson became the latest North Carolina magistrate to resign his post in the wake of court rulings that paved the way for same-sex marriages to being in the Tar Heel State. The Gaston County magistrate—like at least six others in the state—cited religious objections to same-sex marriage as the reason for his resignation.
Magistrates, judges and clerks were warned by North Carolina’s Administrative Office of the Courts that if they refused to officiate same-sex weddings, they could be suspended, removed from office, or face criminal charges. Refusing to perform same-sex weddings, a memo warned, constituted a willful violation of a magistrate’s duty to uphold the Constitution of the United States.
The magistrates may be wondering exactly who is bound by the law, since the state’s highest law-enforcement official—Attorney General Roy Cooper—announced in July that he would not defend North Carolina’s State Constitutional Amendment banning same-sex marriage. At the time, Cooper correctly predicted that the Amendment would be overturned, but it is undisputed that he instructed justice department attorneys to ignore then-existing law when he ordered them to “stop making arguments we will lose, and instead move forward.”
Cooper was not alone. At least seven other state attorneys general refused to enforce bans on same-sex marriage. In each case, the attorneys declared that state laws or state constitutional amendments banning same-sex marriage either violated the Constitution or created ethical conflicts for lawyers asked to defend the bans.
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.
Attorney J. Bradley Smith answering the question: “Can I be arrested without evidence against me?”
The case of a North Carolina bank robber is set to get national attention over the coming months after the U.S. Supreme Court agreed to hear the matter. The case involved Larry Whitfield, a 26-year-old who is currently in prison and not scheduled to be released until 2022.
The issue in the case concerns something that judges have long argued about and for which a clear rule still does not exist. Though everyone understands that bank robbery is a crime, many may not realize that anyone robbing a bank that is found to have forcibly moved another person, either during the crime or while fleeing, faces even stiffer penalties.
Standard bank robberies involve a possible punishment of up to 20 years, though there is no mandatory minimum, meaning that judges are empowered to reduce the sentences of those they feel are deserving. However, anyone who has been found to violate the forced-movement law faces an additional 10-year mandatory sentence and possibly even life behind bars.
The question that the Supreme Court must now wrestle with is how much movement is necessary to prompt a violation of the forced-movement law. In this case, Whitfield and a partner armed themselves with weapons and intended to rob a credit union in Gastonia, NC. A tough security system prompted them to flee the scene, ultimately seeking refuge in the home of a nearby woman.
Attorney J. Bradley Smith answering the question: “Can I be arrested without evidence against me?”
The North Carolina Senate recently passed a confusing and, to some, troubling measure that would make it a crime for anyone to publicly reveal the chemicals used in hydraulic fracturing, or fracking. According to supporters, the measure, which passed the Senate by a vote of 35-12, is an attempt to protect trade secrets of the oil and gas industry. Critics say that the law represents an attempt to deny the public crucial information concerning the substances being pumped into the ground.
The measure was proposed by three Republican senators who say the law is needed to protect vital secrets regarding how the oil companies are able to extract oil from below the earth’s surface. Experts say fracking happens when water, chemicals and sand are blasted deep into the earth, eventually setting free large deposits of oil and natural gas.
The trouble is that some environmental groups claim that these chemicals can be deadly and can leech into the groundwater supply, potentially posing health risks to those that live in the area. As a result, many have campaigned for the oil companies to reveal the exact composition of the fluids being blasted into the earth, something the recent North Carolina law is aimed to prevent.
As the current bill is written, a geologist working for the state would be the sole keeper of the information regarding the contents of the fracking fluid. That information would be kept secure and only released to healthcare providers, public safety officials and fire chiefs, and only in the event of an emergency.
Attorney J. Bradley Smith answering the question: “Should I ever plead guilty to a charge?”
Law enforcement officials across the State of North Carolina have agreed to join forces yet again to combat drunk driving. This year marks the fourth anniversary of State Highway Patrol officers working in conjunction with the Wildlife Resources Commission and the Alcohol Law Enforcement division to bust impaired drivers.
The law enforcement groups will work together to crack down on drivers as well as boaters, a campaign dubbed “On the Road, On the Water, Don’t Drink and Drive.” The groups say that alcohol is responsible for hundreds of accidents, both on land and on water, and that the joint collaboration between the agencies can help lead to greater success.
In North Carolina, the law says that it is illegal for a driver in a motor vehicle to drink while operating the vehicle. Additionally, anyone found to be operating a motor vehicle with a BAC greater than 0.08 percent faces drunk driving charges. The law differs slightly with regard to boaters, given that boaters are allowed to consume alcohol while operating their boats. However, boaters are held to a similar standard of intoxication and can be charged with Boating while intoxicated, or BWI if found to have a BAC greater than 0.08 percent.
The agencies say they will work together between Memorial Day and Labor Day, a traditionally busy time for drunk driving arrests. Checkpoints will be put in place across the state, both on land and on water, to ensure that drivers out for a good time are not legally impaired.
Charlotte Criminal Lawyer Blog
