Mecklenburg

Pineville only the latest in string of cities and counties to install police-monitored cameras

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

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Do I need to hire an attorney if I have been falsely accused?”

Police in Pineville are telling would-be criminals to think twice before executing any misdeeds in the tiny suburb south of Charlotte. Or if someone does set out to commit a crime in Pineville, one should choose a corner of a parking lot where one is not going to see too many people.

The new round-the-clock wireless camera network does not cover the corners of a parking lots where one won’t see too many people, says Pineville Police Lieutenant S.C. Copley. Instead, the initial half-dozen cameras installed by the town are trained on Jack Hughes Park, where the action is.

Copley said the cameras are monitored. “We can keep an eye on any suspicious activity with people, maybe looking into cars,” Copley told WCNC. He thinks it’s a good thing that the cameras haven’t led to many arrests in their first two months of operation. Would-be criminals see the cameras and check themselves before they wreck themselves, he implied. “This isn’t a covert operation,” Copley said.

Cameras are “pretty much everywhere” already, Copley added, so having a live feed of the goings-on in Pineville available at the click of a mouse at the police station is “beneficial for safety.” Copley said officers can tap into the cameras at any moment to see exactly what is going on in a given location.

Pineville is home to Carolina Place Mall and some 8-million square feet of retail space, but the cameras won’t reach any of those spaces. It is likely that most or all of the retail facilities have cameras of their own, however, and Pineville Police Chief Robert Merchant is encouraging other businesses to follow suit. If they do, they can join the wireless police network. Merchant said police wouldn’t monitor feeds from private businesses in real time—they could if they wanted to, presumably—but officers “will have immediate access to playback… in case of an incident.”

Running from a charge—and your past—only makes it worse

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

J. Bradley Smith of Arnold & Smith, PLLC answers the question “Do I need to hire an attorney if I have been falsely accused?”

Last week, Amy Arrington illustrated how not to handle an impending court appearance. Arrington, of Gaston County, faked her own disappearance during a weekend trip to Myrtle Beach in order to avoid court in Charlotte on fraud charges. She turned herself in after additional charges were levied against her and husband Paul Arrington over the staged disappearance.

Now police have identified 48-year-old Jeffrey Wayne Greene as the man who illustrated Sunday how not to handle the problem of outstanding warrants. Police received a tip early Sunday that Greene was staying at the Days Inn in Huntersville. Greene was a wanted man in Mecklenburg and Lincoln Counties in North Carolina and York County, South Carolina. He faced a slew of charges ranging from resisting an officer and fleeing arrest to obtaining property by false pretense.

Before police officers could arrest him, Greene fled, leading officers on northbound Interstate 77 from Exit 28 to Exit 33. Greene then exited the interstate and continued north on Highway 21 until he struck a patrol car while making a U-turn.

Greene then fled south, again on Interstate 77, before crossing the median at mile marker 24 and heading northbound again. Greene then exited the interstate and fled south on Highway 21 before crossing the centerline and crashing into two oncoming vehicles. Six people, including Greene, were injured in the crash. All are expected to survive. Police said Greene will be facing additional charges when he is released from the hospital.

The Greene and Arrington cases appear to illustrate a simple truth: you can run from the law, but you won’t get away.

Woman’s apparent disappearing act to avoid court anything but new

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

J. Bradley Smith of Arnold & Smith, PLLC answers the question “If I have an outstanding warrant, what should I do?”

A Gaston County woman did not drown in the ocean near North Myrtle Beach on July 5. Police are sure of that, but they do not know where Amy Lynette Arrington is. Her husband, Paul Arrington, reported her missing, and initial news reports focused on Mrs. Arrington’s last-known whereabouts: she was last seen on the beach near 24^th Avenue North wearing a red bathing suit with a floral design and brown trim. Police used jet skis and boats to locate her.

Now police say Mr. Arrington’s report was false. They have charged him with filing a false police report and said they have reserved the right to seek repayment for costs associated with searching for Mrs. Arrington.

Questions about Mr. Arrington’s missing person story were raised after it was revealed that Mrs. Arrington was supposed to appear in court in Charlotte for trial the following Monday. She was charged with identity theft in October 2013 after she allegedly used another woman’s account to buy thousands of dollars of merchandise on Amazon.com and pay cable and bank bills.

Mrs. Arrington reportedly has a long criminal history, with convictions in Wake, Union and Mecklenburg Counties. If she faked her own death or disappearance to avoid her day of legal reckoning, she is not alone. In fact, faking one’s death or disappearance to avoid court is quite common.
In 2011, a Tennessee woman accused of stealing $2,500 from a Macy’s department store had her case dropped after court officials received a death certificate showing the woman had died in Kentucky from a drug overdose.

Drunken battle over bike, money wins shotgun-wielding man attempted murder charge

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

Brad Smith of Arnold & Smith, PLLC answers the question “Do I need to hire an attorney if I have been falsely accused?”

A York, S.C. man was arrested over the weekend after a disagreement over a bicycle he said a man stole from him. The man, Randall L. Hunnicutt, said the man stole his bicycle and money out of his wallet. The man admitted he had borrowed Hunnicutt’s bike four days earlier, but he told police he had returned it. He denied taking the money.

The argument began on Hunnicutt’s porch in York. After being accused by Hunnicutt, the man tried to walk away. Hunnicutt asked his son to bring him his shotgun. He then loaded the shotgun and began poking the weapon in the man’s face.

The man started to walk away, but Hunnicutt followed him and pushed him down, poking him with the shotgun. After Hunnicutt pulled the trigger, the man ran to a neighbor’s house and called police. Apparently the weapon did not discharge.

Nevertheless, Hunnicutt was charged with attempted murder and possession of a weapon during a violent crime. It is unclear whether additional charges are pending.

The Charlotte Observer reports that Hunnicutt’s age, as listed on the police report, is 29. The age of Hunnicutt’s son is unclear; also unclear is whether the son retrieved ammunition that Hunnicutt used to load the shotgun. In any case, the inference can be drawn that Hunnicutt’s son was too young to be employed as a shotgun-retriever in a drunken late-night argument between adults.

Interstate 77 madness: A case of no charges brought, so far…

Published on: July 3, 2014 | On behalf of Arnold & Smith, PLLC

2013 Best Lawyer In Charlotte winner Brad Smith of Arnold & Smith, PLLC answers the question “Do I need to hire an attorney if I have been falsely accused?”

An old client of mine called me yesterday to report some exciting news: the truth was setting him free. He had been accused of a crime. The police called him and asked him to talk. He did, then he called me.

I told him the last thing he should do is talk to the police. When they called asking him to take a lie-detector test, he told them he would exercise his 5^th Amendment right to remain silent. Good for him.

A few days later, a police officer called to tell him the prosecutor didn’t think there was enough evidence to charge him.

“It’s not over,” I told him. “Just because they don’t have enough evidence now doesn’t mean they won’t gather more evidence and charge you later,” I said. I repeated the ages-old advice from criminal lawyers to clients: Silence is golden.

Many clients of mine – and most people in general – fail to grasp the complexity inherent in how and why people are charged with crimes. In some cases, it seems like the government is in a rush to hold someone accountable for a crime, while in other cases the plodding, methodical conduct of law enforcement and prosecutors drives a justice-hungry public crazy.

Say ‘No’ to alcohol breath test? Prepare to have your blood drawn

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

Charlotte DWI and Criminal Defense Attorney J. Bradley Smith of Arnold & Smith, PLLC answers the question “Are breath test results always accurate?”

You thought it was July 4^th weekend? You’re right, but it’s also “No Refusal Weekend” in Eugene, Oregon. Local and state police in Eugene plan to have prosecutors and judges on standby this weekend to obtain “blood draw warrants” against drivers who refuse to submit to alcohol content testing.

This will prevent “people from avoiding full accountability,” police said. The U.S. Supreme Court confirmed in a 2013 case that police must obtain a warrant before drawing a person’s blood, except in cases of emergency. That case was called Missouri v. McNeely.

The program in Eugene is unique because, evidently, prosecutors and magistrates will be available to issue warrants quickly. The local chapter of the American Civil Liberties Union gave its blessing to the arrangement; a representative said more warrants in blood-draw cases was a “good thing.”

This could be the dawn of the age of warrants en masse, as litigation in the wake of the McNeely decision may show. Many people consent to blood draws. Lawyers are now arguing that McNeely requires courts to consider whether, in the totality of the circumstances, consensual blood draws done without a warrant are constitutional.

How Does Bail Work In A North Carolina Criminal Case?

Published on: June 26, 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?”

If you or someone you know is facing a criminal matter, it can be confusing to know how best to move forward. Though you might have a vague idea of how the criminal justice system functions, there are likely all kinds of issues that you have questions about. Bail is a good example of an issue that most people have heard of, but may not fully understand. To find out more about how bail works in a North Carolina case, keep reading.

What is bail?

First things first, what is bail? Bail is a system that allows criminal defendants to be released from jail in exchange for money that the court holds onto until the case is over. The money is held as a kind of guarantee that the person will not run off. If you flee, then the money you paid is forfeited and you will face additional charges when you are eventually caught.

How does it work?

Why Should I Hire A North Carolina Criminal Defense Lawyer?

Published on: June 24, 2014 | On behalf of Arnold & Smith, PLLC

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

If you have been arrested for a crime in North Carolina, whether it is a misdemeanor or a felony, you are likely confused about how to move forward. You may wonder if it is best to simply represent yourself, perhaps saving both time and money by handling the case on your own. For more information about the benefits of hiring a criminal defense attorney, keep reading.

Experience

One of the most important reasons that hiring a North Carolina criminal defense lawyer can be such a good idea is the lawyer has seen the inside of courtrooms so often that he or she knows what to expect. Not only do experienced lawyers have relationships with judges, but they also usually good relationships with prosecutors and are able to effectively work together while handling your case. This kind of built-in knowledge is invaluable when facing the prospect of serious criminal penalties.

Knowledge of the law

A reason that many people choose to hire a lawyer to handle their case is they are quickly overwhelmed by North Carolina criminal codes. The sheer volume of laws and regulations, let alone court procedures, scare most people away from handling their own cases. We recently wrote an article about the overwhelming number of laws that North Carolina has and how their scope is viewed by some as a restriction of basic freedom. Criminal defense lawyers tackle seemingly complex laws on a daily basis and spent years in school preparing to handle cases just like yours.