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North Carolina Criminal Cases Tackle Sobriety Checkpoints

Published on: February 18, 2014 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “Are breath test results always accurate?”

Several important recent criminal court decisions are poised to impact how law enforcement agencies across North Carolina handle drunk driving checkpoints in the future. Experts say that the cases are clarifying exactly what is required of police officers to operate a valid checkpoint.

Sobriety checkpoints in North Carolina are becoming a far more common sight for drivers out in the evening or late at night. In addition to official checkpoints where officers stop all drivers passing through the area, some police departments are engaging in what are known as saturation patrols, which target areas popular for drinking with extra police officers. Both strategies are among those embraced by law enforcement agencies across the state and are aimed at cracking down on incidents of impaired driving.

Earlier this month, the North Carolina Court of Appeals issued a ruling regarding a sobriety checkpoint out of Anson County. In that case, a driver was arrested and charged with a DWI after officers conducted a breath test. However, the Court of Appeals held that the evidence obtained during the sobriety checkpoint was inadmissible during trial because the law enforcement agency conducting the sobriety checkpoint never bothered to write down official guidelines for how the checkpoint would be conducted. The case amounted to a surprising victory for the defendant and a rebuke of the local sheriff’s office.

Cold Weather Has Surprising Impact On Charlotte Crime Rates

Published on: February 13, 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?”

It might come as a surprise to most people that something like the weather could have a noticeable impact on crime rates. Tracking weather trends and crime is something that experts have been doing for years, with many noting how long, hot summer nights often lead to spikes in criminal behavior. Interestingly, cold weather appears to also impact crime, though in a curious way.

Charlotte-Mecklenburg police officers say that the recent frigid temperatures in the city have driven down the rates of some kinds of crime while other varieties have increased. A police department spokesperson said that violent crime rates were down dramatically, a trend they have noticed in the past.

Examples of these kinds of crimes include things like armed robberies, shootings and stabbings. All these categories showed marked declines in the past week or so as the weather became colder and colder. While violent crime rates were way down, other categories showed a worrying uptick.

Insurance Fraud Lands Three North Carolina Friends Behind Bars

Published on: February 11, 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?”

The North Carolina Insurance Commissioner made an announcement late last month that three people in Union County, NC had been arrested after authorities say they staged car accidents to collect money from insurance companies. The three friends have now been charged with insurance fraud.

The announcement revealed that Shane Glenn, Christina Stegall and Wesley Scarbrough were now facing charges related to their insurance scam. Police say that Scarbrough was driving a rented U-Haul that was used to rear-end a vehicle driven by Glenn and Stegall. The two then filed a claim with RepWest Insurance to collect payment for the damages they suffered.

Police say the U-Haul was only ever rented to carry out the insurance scam. Stegall and Glenn both lied to insurance claims adjusters about their knowledge of the accident, saying they did not know the driver of the U-Haul. Police say the three had been friends for a long time and that the entire incident was carefully orchestrated.

Charlotte Tween Steals Car And Crashes Into School Bus

Published on: February 6, 2014 | On behalf of Arnold & Smith, PLLC

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

Adolescence can be a tough time for parents and children alike. Arguments, defiance and a lack of communication are common hallmarks of that period. While some minor rebellion is typical, stealing a car and then crashing into a school bus is not. However, that’s exactly what a young girl from Charlotte did and she is now facing possible criminal charges after engaging in her joy ride.

According to a spokesman with the Charlotte-Mecklenburg Police Department, the incident began on a weeknight late last month in west Charlotte. Authorities say that a 12-year-old living near Mathis Drive and Parkway Avenue told her mother that she wanted to drive her car. Understandably, the mother told the girl no, believing the matter had been resolved.

However, a short time later she realized that her daughter had gone missing and looked out the window to see that her car was gone too. A short time later a neighbor watched as the girl collided with a school bus, hit a second vehicle and then fled the scene. Police eventually tracked down the girl’s silver car to a nearby parking lot.

Robbers Beware: Cops Tracking Crooks Through Snow Tracks

Published on: February 4, 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?”

We hear a lot these days about some sophisticated tools and tricks used by law enforcement agencies around the country to help nab criminals. Police departments are investing in things like license plate scanners, DNA cheek swabs and even drones to help track down suspects. This past week, the Associated Press reported that several North Carolina police departments relied on something more old fashioned to solve some local robberies: foot prints in the snow.

The article noted how police in Fayetteville, Gastonia and even here in Charlotte claim to have solved several burglaries this past week thanks to fresh tracks in the snow. In Charlotte, authorities say that some snow prints led them to two men they believed were responsible for several recent convenience store robberies. Police who responded to a 911 call from the manager of one of the stores noticed prints in the snow outside the building and followed them, eventually stumbling across the two men thought to be behind the robbery.

In the Charlotte case, each of the men has now been charged with seven counts of kidnapping, six counts of armed robbery, conspiracy and larceny of an automobile. The kidnapping charges were because there were customers inside of the store at the time of the robbery and all were made to lie down on the ground while money was stolen.

North Carolina Man Faces Nearly Two Years In Prison After Drunken Moped Driving

Published on: January 30, 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?”

Police from Catawba County, North Carolina arrested a man for drunk driving on a moped nearly two years ago. Aaron Barkley, 34, has since been sentenced as a habitual offender, meaning the drunken moped operator will now face serious jail time.

The District Attorney’s Office in Catawba says that Barkley was arrested back in May of 2012 after police say he scooted right through a driver’s license checkpoint. When police took off after him and pulled him over, the officers administered a Breathalyzer test and found that his BAC was 0.11 percent, well in excess of the state’s legal limit.

Because Barkley has been convicted of drunk driving three times in the past, he faced heightened punishment this time around. Just this past week a judge sentenced Barkley to 23 months behind bars.

Though it may come as a surprise, if Barkley had been driving in South Carolina at the time he would not have faced drunk driving charges. That’s because in South Carolina, mopeds are not listed as “motor vehicles” and thus cannot serve as the basis for a DUI charge. Instead, a drunken moped driver could only be cited for something like disorderly conduct.

Charlotte Officer Indicted By Grand Jury On Second Try

Published on: January 28, 2014 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “What is the difference between a misdemeanor and a felony?”

A grand jury in Charlotte chose to indict a local cop on voluntary manslaughter charges for shooting and killing an unarmed man last September who had just been involved in a late night car accident.

It was revealed earlier today that Officer Randall Kerrick, 28, would now face formal criminal charges in connection with the fatal encounter that occurred late on September 14, 2013. The announcement was made after a different grand jury declined to indict Kerrick just last week on the same voluntary manslaughter charge. Kerrick’s attorney tried to block the second grand jury, asking a judge to deny the second hearing, arguing that giving prosecutors a second chance to pursue an indictment violated Kerrick’s rights. However, the judge allowed the second grand jury hearing to proceed.

Kerrick was a former animal control officer who had been on the Charlotte-Mecklenburg police force for a little over three years. The grand jury heard evidence of how Kerrick fired 12 shots at Jonathan Ferrell, a 24-year-old former Florida A&M football player. Ferrell had been involved in a car accident earlier that evening and stumbled for a half-mile down the road before knocking on a woman’s front door. The young woman was home alone with her newborn child and was afraid Ferrell was there to break in.

Police officers, including Kerrick, arrived shortly after the woman called 911 and appeared to do so with their guns already drawn. Some have claimed that Kerrick and the other officers snuck up on Ferrell and failed to identify themselves as police officers. Ferrell was ultimately shot 10 times and died at the scene.

North Carolina College Student Arrested For Counterfeiting Thousands Of Dollars

Published on: January 23, 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?”

A 19-year-old student from the University of North Carolina Greensboro is currently facing serious criminal charges after campus police say she was discovered with $13,000 in fake money. A search of the girl’s dorm room was conducted after police say she tried to use a fake $100 bill to purchase a gift card at a local drugstore.

Authorities say that Symone Vannessa Brown is now facing serious felony charges including obtaining property under false pretense and possession of counterfeiting tools. The fake money that Brown was found with was a pretty convincing copy, but for one problem, the bills were signed by “Moe Money, Proprietor of the Counterfeiting,” rather than the Treasury Secretary.

Police were first tipped off to the problem after Brown walked into a local drugstore and tried to use one of her bogus $100 bills to purchase a gift card. The clerk at the store thought that something was up and refused to accept the money. Eventually, a store manager called local police who were there waiting when Brown returned to the drugstore in an attempt to retrieve her fake money. When she walked into the store she was arrested.

Charlotte Fast Food Robberies Lead To Police Search

Published on: January 21, 2014 | On behalf of Arnold & Smith, PLLC

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

Police say that they are looking for a man they believe is responsible for a series of robberies that have impacted several local fast food restaurants over the past month. Authorities recently released security camera footage showing the man robbing several Cook Outs spread across the Charlotte area.

Police say that four Cook Outs and one Wendy’s were robbed over the past month. The Cook Outs in Lincoln, Mecklenburg, Union and Rowan counties have all been hit, with the first robbery happening just under a month ago. The most recent occurred this past weekend.

Police say they are thankful that no one has been injured in any of the robberies, but that disaster could happen at any time given the way the robber has behaved during the encounters. Authorities say that the burglar fired a handgun several times in at least two of the robberies, leading police to fear that the man might lash out if provoked.

Police say they believe the robberies are related because the description of the burglar has been similar in each case. Additionally, all the robberies happened early in the morning, around 7 a.m. Store employees have said that the suspect is a black man in his mid-20s with shoulder-length dreadlocks. So far he’s worn a ski mask, which obscures the bottom portion of his face.

Three Arrested For String Of North Carolina ATM Thefts

Published on: January 16, 2014 | On behalf of Arnold & Smith, PLLC

Attorney J. Bradley Smith answering the question: “What is the difference between a misdemeanor and a felony?”

Three people in Shelby, North Carolina have been arrested due to their suspected involvement in a series of brazen ATM robberies. Let’s stop for a second and specify exactly what kind of robbery we’re talking about. The three are accused not of holding up customers using the ATMs, but instead of stealing the entire ATM itself.

Police officials say that the arrests came after yet another ATM was ripped out of a Cleveland County convenience store. Believe it or not, this is not the first ATM the trio are accused of running off with. The three are suspected of being behind several thefts or attempted thefts in the area dating back to early December.

The most recent incident took place at Lisa’s Express convenience store, which is located on Washburn Switch Road. The store was equipped with surveillance cameras, which recorded the suspects arriving at the store in a stolen van. The group then drove the van through the front door of the convenience store and tied ropes around the ATM to pry it loose from the floor. Police say it took several attempts until the ATM finally was dislodged and they were able to throw it into the back of the stolen van and drive off.

Police from Shelby responded to the store alarm and saw a van matching the description given by a witness pass right by them. The officers pulled the van over and arrested two suspects while a third managed to get away on foot. The third person, Anton Smith, was apprehended later that afternoon.