A criminal defense lawyer in North Dakota is arguing that police violated a man's constitutional rights in June when they arrested him with the assistance of a Department of Homeland Security Predator drone, an unmanned surveillance aircraft.
]]> The case began last summer when North Dakota police engaged in a standoff with the man who had gotten into an argument with his neighbor over the ownership of some cows that had wandered onto his property. Before storming the man's property and arresting him, police used an unmanned drone to fly around overhead and determine whether it was safe for police to go ahead.The man, who was armed, had told police to stay off of his property. After entering the man's property, the police reportedly tased the suspect into submission. This marks the first time in the U.S. that police used a drone to arrest a citizen.
The drone did not belong to the police department, but rather to the Department of Homeland Security.
Legal analysts generally agree that the use of drones does not violate the Fourth Amendment, which protects citizens from unreasonable searches. However, the man's lawyer has called the drone use "outrageous government conduct," and alleged primarily that the entire investigation was wrought with constitutional violations.
North Dakota state authorities said the use of the drone was proper because it was not used to gather evidence to determine if a crime had been committed, but rather to keep the SWAT team safe.
However, they also say that the Predator drone can be used for investigations once the existence of a crime has been established.
Source: US News, "Attorney: 'Guerilla-Like Police Tactics' Used in First American Drone Arrest," Jason Koebler, May 3, 2012
]]>The first incident allegedly occurred in 2008, after one of the women had contacted the department to obtain a protection order after her husband's reported domestic assault. After she received the protection order, the accused officer offered to help her personally with her problems. She claims that he then started harassing and stalking her.
]]> Similar circumstances reportedly surround the second incident in 2009. That woman said she had been afraid to speak out against the officer until her husband pleaded guilty to domestic abuse charges and went to jail.The women accuse the officer of targeting them because their domestic violence problems meant that they were "desperate and more vulnerable to abuse," according to the lawsuit. They are suing for more than $10,000 and request that he be fired. The officer has been demoted. However, no arrests have been made and no criminal charges brought.
The standard of evidence in a civil suit and a criminal suit are different. In most civil suits, the plaintiff must only show the defendant's wrongdoing by a preponderance of the evidence. In a criminal court, the state must prove wrongdoing beyond a reasonable doubt.
Just because one is facing a civil suit, or even if one loses a civil suit, it does not mean that a person will automatically lose in a criminal court. However, it is important to seek legal counsel in both civil and criminal situations. One does not want to take the chance that the outcome of a civil suit may damage the chances of winning in criminal court.
Source: Gaston Gazette, "NC police officer accused of stalking domestic violence victims," May 1, 2012
]]>The man claims he is just being targeted because of his sex offender record, and police have not named him as a suspect in this high-profile missing person case.
]]> Police also arrested the owner of the bar where the soldier was last seen on unrelated arrest warrants. In addition to warrants in North Carolina, the FBI also had warrants for his failure to pay nearly half-of-a-million dollars in unpaid child support in Massachusetts.The man who drove the missing combat medic home was convicted in 2003, when he was still a minor. North Carolina still expects him to register as a sex offender whenever he moves to a new residence.
He says that while he did give the missing woman a ride from the bar, he did not actually see where she lived. She asked him to let her out at the entrance to her subdivision rather than at her home, and he complied.
If one has a criminal record, being in the wrong place at the wrong time can arouse much greater suspicion than it would if the person had a clean record. If one has a record as a sex offender, no matter the actual nature of the past offense, one is likely to face even more scrutiny from the authorities.
Having a criminal record can also make it harder to get employment, as many employers run background checks and have a policy of not hiring convicts.
Thus, whenever a person faces criminal charges of any kind, it is important to obtain legal counsel immediately. A good criminal defense is critical to keeping one's record clear.
According to the missing woman's husband, who claims to have been in Florida visiting his parents at the time of her disappearance, the couple had a good relationship and did not frequent the bar where she was last seen.
Source: Fox News, "Last known photo of missing Fort Bragg soldier released," April 26, 2012
]]>Some might find it shocking that a single man has been charged with so many counts at once, and one might mistakenly assume that the sheer number of crimes he allegedly committed must mean that he is guilty of at least something.
]]> However, it is not unheard of for prosecutors to level a large amount of charges at criminal defendants in hopes that a few of the charges will stick. Even if a defendant is innocent on all counts, the sheer number of charges could feasibly unfairly prejudice a jury if the case is poorly managed.There is one alleged victim in this particular case. The defendant's relationship with the girl remains unclear at this juncture. The victim has reportedly spoken with investigators and stated that the alleged sex crimes took place between 1998 and 2009.
The state now bears a burden of proving each count beyond a reasonable doubt. If he is found guilty of one crime, that does not mean he is guilty of the other 121 for which he is being accused. Sufficient evidence must exist for each count.
Allegations of sex crimes are very serious. It is very important that defendants seek experienced legal counsel in order to ensure their rights are protected throughout the process. Even in cases where allegations turn out to be false, a defendant's future and reputation can become quite damaged throughout the process if the case is not handled very carefully.
Source: WBTV, "NC man arrested on 122 sexual assault counts," April 13, 2012
]]>In February, a state trooper pulled the football player over for speeding. The trooper issued Greene six tickets, including citations for having illegally tinted windows and out-of-date stickers.
]]> When Greene missed his March court date, the judge issued a warrant for his arrest. Police found marijuana paraphernalia and traces of the drug in Greene's possession when they went to arrest him.Despite Greene's legal difficulties, the management of the North Carolina State's football team has so far stood by Greene. He remains on the roster, and the head coach has only said that the team will take "appropriate action."
Greene was suspended from the team for a week, but the coach says that the suspension is unrelated to the criminal charges or any other off-field conduct.
Nonetheless, these charges are serious and a conviction on the drug charges would likely mean serious penalties as well as put his football career at risk.
In addition to fines and potential jail time, the negative stigma of a drug conviction can lead to compromised education and career opportunities. It is important for those charged with drug crimes to put forth a quality defense in order to ensure the best possible outcome in his or her case.
Source: Salisbury Post, "N.C. State running back faces charges in Rowan," Nathan Hardin, April 10, 2012
]]>Authorities have not made any arrests, and as of yet they have do not have any leads. Due to the nature of the crimes and the content of the graffiti, police believe that these are juvenile crimes, but they could be prosecuted as hate crimes.
]]> The vandalism occurred on Elderbush Drive and Pepperbush Drive. Both streets are located in the Reedy Fork Ranch neighborhood.North Carolina's hate crime statutes come into play when a person commits any number of illegal acts because of a prejudice against a particular race, religion, ethnicity or sexual orientation. For example, the law prohibits harassment, violence, harm, direct and indirect threats to a person or his or her property on the basis of those classes. The North Carolina hate crime law allows judges to increase the penalties in such circumstances.
A hate crime means that a run-of-the-mill misdemeanor, such as graffiti, could be raised all the way to the level of a felony.
Congress has passed similar anti-hate crime legislation that makes it a federal offense to commit assault based on characteristics such as race, religion, or sexual orientation.
Hate crime laws are highly controversial, with their critics claiming that they impose penalties for practicing free speech. People against hate crime laws often point out that criminal penalties already exist for the non-political aspects of crimes motivated by bigotry.
Source: News-Record.com, "No arrests yet in possible hate crime in Greensboro," April 2, 2012
]]>Authorities put the girls under arrest late last month. March 29 was their first court appearance. According to a news report, no one from either girl's family attended the hearing.
]]> The two girls are minors and thus not eligible for the death sentence. However, North Carolina law does allow for a sentence of life in prison for minors.The girls are charged with other related crimes as well, including robbery with a dangerous weapon and conspiracy to commit robbery with a dangerous weapon. The two robbery charges alone could result in up to nearly 24 years in prison.
In cases with multiple criminal defendants, such as this, defendants are each entitled to their own attorney because when multiple defendants are charged with the same crime, they may not share the same interests. For example, evidence that may exonerate one defendant may prove another guilty, or testimony one provides could be used against another. Therefore, it is often important for defendants in the same case to have a separate criminal defense in order to avoid potential conflicts and ensure each receives a fair and fervent defense against the charges.
There are no details as to the precise nature of the girls' alleged involvement in the cabdriver's death or if authorities consider the death intentional. Even if the alleged murder was an accident, North Carolina's controversial felony murder rule may come into play. Under this law, felony murder occurs whenever a person kills someone while committing a violent felony, such as robbery with a dangerous weapon, regardless of intent. An experienced criminal law attorney can help explain the applicable laws and ensure the rights of the defendants are protected during criminal proceedings.
Source: Hickory Daily Record, "Teen murder suspects in Hickory cab driver slaying in court," Richard Gould, March 29, 2012
]]>Last week, however, the U.S. Supreme Court enhanced protections of criminal suspects by ruling that poor legal counsel concerning a plea bargain is grounds for overturning a conviction as well.
]]> The Supreme Court noted that 95 percent of criminal convictions result from plea bargains. Therefore, the plea bargaining process has become such a significant part of the criminal justice system that it deserves greater safeguards.A plea bargain occurs when the state agrees to seek conviction for a lesser crime than the original criminal charges if the accused agrees to plea guilty to certain charges and not argue his or her case in trial. The process saves the court system time and money, and it can result in a more lenient sentence for the accused. Critics of the process note that defendants are often scared and feel pressure to agree to plea bargain proposals, regardless of their actual guilt.
Wednesday's decision will not do away with or impede the use of plea bargains. However, a person who declines a plea bargain to bad legal advice can now seek out proper representation and nullify the outcome of the criminal case--allowing that person to attempt to prove that the original offer would have both been accepted by the accused and approved by the court. In a 2010 case, a lower court recognized the right of a defendant to a full criminal trial if the accused accepted a plea bargain based upon incompetent legal counsel.
While this decision is new and its implications are not yet fully clear, most agree that it will have a far reaching impact.
Source: The New York Times, "Justices' Ruling Expands Rights of Accused in Plea Bargains," Adam Liptak, March 21, 2012
]]>The girlfriend was also in the military. Both were based out of Fort Campbell. The accused is awaiting extradition to Montgomery County, where Clarksville is located.
]]> Situations like this highlight the importance of a strong criminal defense. News reports say that a witness saw the accused arguing with his girlfriend and holding a gun. Another person claims that the accused admitted to shooting the woman. However, the full story has yet to come to light.And, even if a jury eventually determines that the accused committed this act, the circumstances surrounding that act will impact the resulting punishment. For example, people who engage in violent acts often do so in a highly emotional state. The criminal justice system takes into account that high levels of agitation can sometimes cause a normally reasonable person to behave unpredictably. This is why the penalty for an illegal act that takes place in the heat of the moment is often less than the penalty for the same act that had been pre-meditated. In North Carolina, this distinction could be the difference between a murder charge and the lesser charge of voluntary manslaughter.
A good criminal defense attorney can help ensure that an incident is tried properly, charges are appropriate to the crime and that only relevant evidence is included at trial.
A quality defense can also present evidence so as to help the jury and the judge understand the events as a whole. Context matters, and justice requires that criminal courts understand all the events surrounding an event when determining the existence or level of guilt.
Source: WSMV.com, "Fort Campbell soldier in custody in connection with homicide," Ian Scotte and Micca Terrell, March 5, 2012
]]>One man, who may have a penchant for making very tasteless jokes on Facebook, was recently investigated by the FBI and arrested, according to news reports. The man reportedly posted comments about child rape and child pornography on the popular social media website, which led to the federal investigation and then his arrest.
]]> The FBI has now charged the Southfield, Michigan, man with receipt and possession of child pornography stemming from comments he made on Facebook. Authorities confronted the man during an interview, where he reportedly said that the posts were meant only as jokes.Facebook assisted the FBI in accessing the man's records after the FBI issued two subpoenas for such. The FBI in Detroit reportedly received "a tip" early last summer notifying them of the man's odd Facebook communications, according to news reports.
The government sought an arrest warrant for the man and conducted a search of his home, where they did reportedly find images of child pornography. The man was free on a conditional bond while he awaited official charges.
Because the Internet facilitates interstate communication, the FBI generally has jurisdiction to prosecute many perceived or actual crimes allegedly committed on the Web. The federal government has tremendous resources with which to prosecute alleged criminals. But, they must always respect the rights of those who are accused with crimes.
Source: Detroit Free Press, "Southfield man free on bond, facing child porn charges after posting on Facebook," March 1, 2012
]]>The two flea market vendors had reportedly been arguing for months. Each thought the other was unfairly undercutting prices, hurting the other's business. It is not clear why the verbal arguments would have escalated into such violence.
]]> It was not reported whether the accused has sought legal counsel. Like all those facing criminal charges, he is entitled to an attorney and he has the right to be presumed innocent until found guilty. Criminal defendants have the right to an attorney to ensure that the state does not violate their rights.In a case such as this, a criminal defense attorney has the job of making sure that the charges are appropriate to the crime; the defendant's rights are protected; and that the court takes into account all of the proper evidence and does not succumb to preconceived prejudices or political pressure.
Here, for example, there are many witnesses that have stepped forward and said that they saw the accused man shoot the victim. Yet the full circumstances of the shooting remain unclear. The accused seems to have felt threatened, although it is not clear why.
It will be important for a criminal defense to ensure all circumstances surrounding the incident are investigated and considered as part of a comprehensive and fair case.
Source: Asheville Citizen-Times, "Dispute between tool vendors sparked shooting at Asheville-area flea market," Sabian Warren, Feb. 27, 2012
]]>In addition to limiting where one can live and what work one can legally perform for the rest of his or her life, a sex crimes conviction can also result in the offender being listed on North Carolina's sex offender registry. In North Carolina, the state just made it easier to identify-- and maybe even discriminate against--those who are on this registry. The state created an iPhone app that allows users to see any registered sex offender living within a five mile radius of wherever the user is.
]]> The app was released at the end of last month, and more than 18,000 people have already downloaded the program. It is now one of i-Tunes top ten educational apps, according to news reports.The app allows North Carolina residents to easily look up local registry members on the go, which further diminishes offenders' privacy and their ability to assimilate in the community.
Because of the very serious consequences related to a sexual assault, possession of child pornography or other sex crime conviction, it is extremely important for anyone accused of such a crime to seek experienced representation.
Sex crime cases are highly emotional. A good defensive attorney can prevent abuse of the judicial system and make sure that the state plays by the rules of evidence and that any charges fit the crime. The highly-emotional nature of the alleged sex crime should not play a role in determining guilt.
Those who face accusations of sex crimes are often wise to seek the representation of an experienced criminal defense attorney.
Source: WNCT.com, "Thousands download new NC Sex Offender Registry app," Jennifer Moore, Feb. 13, 2012
]]>Situations such as this highlight how important the right to a criminal defense is for those accused of a crime, no matter how small.
]]> The accused had reportedly been sitting in a chair at the University of North Carolina System Board of Governors' meeting, where the tuition hikes were undergoing approval. There were also protestors outside the building at the time.He apparently got up to go to the restroom and get a drink of water and when he tried to return to his reserved seat, authorities stopped him and arrested him. It is unclear whether there were any other arrests associated with the protests.
The accused, who is former president of the Association of Student Governments, has been charged with second-degree trespassing and resistance.
He said that he considers the charges baseless. He plans to plead not guilty to all charges, according to news reports.
The law creates a presumption of innocence for all criminal defendants. Unless the government can prove actual wrongdoing, it has no authority convict a person of criminal conduct. Unfortunately, things such as public opinion or over-zealous authorities may sometimes weaken this safeguard.
Every defendant has the right to have an attorney help them present their case. Hopefully, this man will not be convicted for merely attending this meeting. Adequate legal representation will go a long way toward preventing this injustice.
Source: The Daily Tarheel, "Student charged with trespassing and resistance," Feb. 13, 2012
]]>In the woman's first trial, she was convicted of several charges including second-degree murder and DWI. However, the North Carolina Court of Appeals has since overturned several of these convictions, in part because a witness for the state gave testimony that the defendant had been driving drunk based only on an odor test--smelling alcohol on her breath.
]]> Arresting officers often smell the breath of suspected drunk drivers to test their sobriety, but this evidence is then usually strengthened by other methods, such as a Breathalyzer test or a blood test.Deciding that the smell test was not enough evidence on its own to prove drunk driving, the appeals court overturned several convictions relating to the incident and ordered a retrial for the remaining counts. In the retrial, the state again wanted to use as evidence the claim of an alcohol odor. The court refused to allow it, but the district attorney is appealing that decision, which has caused the second trial to be delayed.
The woman has served about three years in jail for the other convictions. She is now free and is attending counseling while she awaits the second trial.
This case illustrates the state's responsibility of proving its case beyond a reasonable doubt, utilizing only legitimate evidence that was obtained legally; as well as the necessity that the charges themselves are appropriate to the crime.
Source: Gaston Gazette, "Court sides with suspected drunken driver in murder case," Diane Turbyfill, Feb. 7, 2012
]]>Two days later, police arrested two young men, one 18 and the other 22, who were seen outside of the store after the shooting. They are being held on criminal charges of first-degree murder.
]]> The two young men reportedly have each told police different stories but did confess to the armed robbery.They have both exercised their right to have an attorney. Each young man's criminal defense attorney is likely to examine several circumstances surrounding the case.
Among these will be whether the confessions were obtained legally. In addition, there are interesting historical elements that will need to be ruled out as contributing factors. The retired deputy's son was charged with murder in 2010. In addition, the store where the shooting occurred was the scene of a killing several years before this one. The store owner at that time was killed in that shooting. Authorities have said that they do not believe either of these elements are connected to the case, but they still may need to be studied.
In a criminal case, it is important that the charges suit the crime and that the prosecution proves the defendant committed the crime beyond a reasonable doubt. If it is proven beyond a reasonable doubt that these two men were involved in this tragic shooting, it will be necessary that the charges and sentences are appropriate.
There is much evidence that emotions are running high regarding this case. One of the men is being held in a Raleigh prison for his protection, as it may not be safe for him to be held in Orange County because of the law enforcement connection of one of the victims.
Source: WRAL, "Two held without bond in deaths of Orange store owner, retired deputy," Tammy Grubb, Jan. 27, 2012
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