Winston-Salem NC Criminal Defense Attorneys Blog

Criminal charges filed against former UNC football player

2012-05-14T21:01:29Z

Police arrested former North Carolina football player last week. The arrest stems from an incident involving a May 3 shooting on Briarfield Road. Police found shell casings at the scene but there were no injuries from the shooting.

Authorities charged the former UNC football player for misdemeanor marijuana possession, discharging a firearm in the city, discharging a weapon into an occupied dwelling and felony hit and run. He is being held on $5,000 bond at Lenoir County Jail.

]]> Two other individuals have also been arrested in connection with the incident.

According to police, the ex-football player has a history of drug charges and conflicts with the UNC football team. He played at North Carolina starting in 2001 but left the team in 2004 for allegedly violating team rules.

In April 2009, he was arrested in Georgia for felony cocaine trafficking and misdemeanor marijuana possession. UNC claims they eventually cut all ties with the former player in 2010 after he allegedly provided benefits to three other teammates and potentially compromised agent-player relations.

Misdemeanor and drug charges, like those this ex-UNC football player now faces, are dangerous because they can have long lasting implications. For example, previous drug charges can heighten the severity of subsequent criminal charges, making the charges more serious than they would have been without the prior criminal history.

People make mistakes, especially young people, but they still have certain rights that need to be upheld. Furthermore, since criminal charges have such an impact on people's lives it is critical to find someone to assist in defending against all criminal charges -- even misdemeanor charges.

An experienced defense attorney may ensure people's rights are upheld and that mistakes do not follow people for the rest of their lives.

Source: Charlotte Observer, "Former UNC Football Player Hawkins Arrested," May 10, 2012

Pre-prom program teaches dangers of drunk driving

2012-05-08T20:28:59Z

The North Carolina Highway Patrol and county police officers are trying to raise awareness in high school juniors and seniors about the dangers of drunk driving and driving while texting before prom this month. According to officers, they perform this demonstration every year for the students' benefit.

North Carolina residents are charged with DWI if their blood alcohol content is 0.08 or more and underage drinking and driving is a serious offense.

]]> Officers of the Lexington Police Department and high school collaborated to demonstrate the effects of driving while impaired to the teenagers present with the help of a golf cart. Early one morning, they set up cones around the high school parking lot to create a driving course.

Students first drove around the course with a police officer or trooper with no interruptions. The second time around, students were instructed to drive with distractions. Some students wore goggles distorting their ability to drive, simulating the way they would drive if their blood alcohol level were 0.08 or more. Other students were instructed to text while they drove the golf cart around the course.

Students were also shown a video of family members who had lost their loved ones in accidents and listened to officers recounting the first time they had to inform family members that their teenager was in an accident.

Officers warned students to wear seat belts and not distract their friends while they drove, either by calling or texting them.

Students present at the demonstration were moved by the lessons and images shown to them. According to one student, he was unsteady driving with the goggles on and made him reconsider drinking and getting behind the wheel.

However, accidents happen and North Carolina residents, including teenagers, may find themselves facing drunk driving charges carrying serious penalties. People in this position should consider consulting with experienced lawyers to put forth the best possible defense.

Source: The Dispatch, "Police to students: don't drink or text while driving," Darrick Ignasiak, April 26, 2012

Drunk driving checkpoint leads to numerous charges

2012-04-30T16:08:22Z

A local North Carolina police department set up a driving while intoxicated checkpoint last weekend, on the Highway 29 bypass near North Carolina Highway 87. The checkpoint ran from 9 p.m. to 1 a.m. and resulted in four individuals being charged with drunk driving by the end of the night.

The process of charging an impaired driver usually takes three to four hours, and up to six hours in Charlotte. This means that the officer who pulls over the driver is off the road for that period of time. For this checkpoint, the Reidsville Police Department paired up with the Governor's Highway Safety Program BatMobile. The purpose of the BatMobile is to speed up the DWI charging process.

]]> Normally, a magistrate judge sits in the BatMobile to reduce the time an officer is off the street to about 45 minutes. For the Friday night checkpoint, the magistrate decided to wait at the Reidsville Police Station.

Following the DWI charges, drivers were read their rights inside the BatMobile and asked a number of questions pertaining to amount of sleep and medication use.

The officers also asked the suspects to blow into a Breathalyzer twice. Police used the lowest score from the test results in processing the charge. The suspects were allowed to call a witness to observe the Breathalyzer test but only on the condition that the witness could be at the BatMobile within 30 minutes.

A DWI charge in North Carolina may mean fines or jail time. However, DWIs have many hidden costs including increased insurance rates and loss of license. Those charged in the checkpoint will want to seek skilled representation to make sure their rights were upheld and to get the best possible outcome.

Source: GoDanRiver.com, "Reidsville police charge 45 in DWI check," Danielle Battaglia, April 24, 2012

Driving lesson demonstrates danger of distracted driving

2012-04-25T17:04:30Z

Starting Jun. 1, talking on a cell phone becomes illegal for drivers in Chapel Hill, North Carolina. A local ordinance was recently passed banning talking on both hand-held and hands-free devices while driving. A North Carolina state law already bans all phone use for drivers under 18 and texting at the wheel is illegal for all drivers. The ordinance applies to all the streets within Chapel Hill, including state-owned streets, and could mean an increase in traffic citations in the area.

]]> Young drivers may be especially hit hard with the new ordinance since teens tend to use their phones more while driving. A study shows that one in three 16 and 17-year-olds say they text while driving. Additionally, about 48 percent of 12-to-17-year-olds say they have been in a car with a driver who was texting. These numbers have disturbing consequences. Teens are more likely than people of other ages to be involved in a fatal car accident where the driver is distracted, according to federal studies.

While some in law enforcement want to take a strictly punitive approach towards distracted teen drivers, the Performance Learning Center is combating this dangerous trend with more proactive efforts. The center recently offered local students a lesson in distracted driving.

The students had the chance to navigate a golf-cart through an obstacle course lined with traffic cones while reading text messages on a cell phone. A police officer rode alongside the students during the safe-driving demonstration. The students knocked over cones, lost control of the cart and had to slow down all while reading the text messages. They saw firsthand the serious nature of distracted driving.

Not only is distracted driving dangerous, but traffic violations can have unforeseen consequences. There are often fines associated with citations and traffic violations can increase insurance rates. Traffic violations can also lead to a loss of license. Young drivers need to be aware of the changing laws regarding cell phone use, and those charged with related violations should consult with an attorney.

Source: Charlotte Observer, "Distracted driving lesson scares teens to safety," April Bethea, April 13, 2012

Drug possession casts shadow over college football player

2012-04-17T14:34:14Z

College students make mistakes, but some mistakes can have life-long implications. Drug charges, for example, can affect a student's chances for future employment or of getting into graduate school. For an up-and-coming North Carolina State University football player, a drug charge could mean trouble for his athletic career as well.

The young man, a running back at NCSU, was recently charged with misdemeanor possession of drug paraphernalia. The drug charges stem from an outstanding warrant on six traffic violations. In April, police executed the arrest warrant at the football player's apartment. According to the police report, they allegedly found marijuana paraphernalia and residue.

]]> It is unclear, however, whether the police had a search warrant in addition to the warrant from the traffic violations. If there was no search warrant, it begs the question of how the police actually found the drug paraphernalia in the player's possession. Nevertheless, the young man charged in this case is scheduled to appear in court May 10. The football coach says he is aware of the situation and has dispelled rumors that the player was no longer on the team.

College athlete or not, drug charges can have a troubling effect on a student's future. An experienced criminal defense attorney can assist in explaining the charges to any young person charged with drug possession and layout possible defenses. It may be possible to have the penalties reduced or even have the charges dropped altogether, especially if the individual has no prior criminal record. Every case is unique and only an attorney can guide you to the best possible outcome.

Source: The Charlotte Observer, "Legal problems mount for N.C. State's Greene," J. P. Giglio, April 11, 2012

Campaign to reduce speeding proves successful

2012-04-11T19:01:36Z

The Governor's "No Need 2 Speed" campaign launched last week and it proved successful for the North Carolina Highway Patrol. The campaign included increased patrols by the N.C. Highway Patrol and by sheriff's offices and local police departments. The patrol focused on interstate and federal highways, as well as state highways, city streets, and rural two-lane roads.

Campaigns such as this generate a huge number of citations for speeding and traffic violations, including expired license, illegal tint, and seatbelt, among others. Nearly 12,500 speeding citations were issued last spring after a similar effort in North Carolina.

]]> For many drivers, traffic citations are nothing more than an annoyance. Speeding tickets and traffic violations don't often seem serious at the time; however, the costs and consequences of a traffic violation can start to add up. Citations can result in fines and points against a driver's license. Traffic tickets can also increase a driver's insurance rates. Just a single ticket can raise insurance rates for up to three years, and two or more tickets could double or triple premiums for the next three years

Failure to show up for the ticket court date can lead to a loss of license. Not having a license has an enormous effect on daily activities, including driving to work and the penalties for driving with a suspended or revoked license are even more serious.

If you were cited during this "No Need 2 Speed" or have received a traffic citation generally, contact an attorney who specializes in defending traffic violations. This is an important step to help you avoid losing your license and to protect your rights.

Source: Gaston Gazette, "Police stepping up patrols for speeders," Amanda Memrick, April 5, 2012

North Carolina fugitive proving difficult to capture

2012-04-04T16:42:03Z

"Innocent until proven guilty," a phrase every defendant hopes will ring true. Unfortunately, the harsh reality is that defendants are often incriminated before they are given the chance to prove otherwise. Every person charged with a crime should know that running from the law may cause added issues but it does not mean that the person is guilty. Many people run out of misplaced fear.

In North Carolina, a fugitive is currently at large and law enforcement is still unsure as to his whereabouts, and would appreciate the public's help in finding him. The man, 32, has been charged with grand theft auto, aggravated assault on a law enforcement officer, forgery and fleeing to elude.

]]> According to police, this man is armed and dangerous and is also likely to resist arrest. He was last seen on Mar. 18, when it appeared that he was going to cooperate with authorities, but quickly changed his mind and fled from the police in a stolen truck. It's important to keep in mind this is the police version of the story, which could have some inaccuracies.

When charged with a crime, all suspects have the right to legal counsel. Law enforcement cooperates with one another everywhere, and even initiates help from the public when the need arises. This knowledge should make it clear that running from law enforcement and the law is never a good idea. Instead, an individual may want to contact a criminal defense attorney so they can exercise their constitutional right and face their accusers.

Source: NewsChief, "North Carolina fugitive Jason Laws still at large," Phil Attinger, March 29, 2012

Accident kills cross-country bicyclist

2012-03-29T13:29:33Z

Many of us think that we can handle having a few drinks and then getting behind the wheel, but the reality is we really don't know how much alcohol it takes to affect our driving. For one North Carolina driver, he may be wishing that he hadn't driven earlier this month because he ended up hitting a bicyclist. He has now been charged with driving while impaired, failure to maintain lane control, driving with an open container and transporting spirituous liquor.

The bicyclist and a friend were on a cross-country trip from California when they were hit by the pickup truck along Interstate 85 near Davidson County Community College. According to investigators on the scene, the driver was driving the posted speed limit, but crossed the fog line and accidentally struck the bicyclist. He was then thrown from his bike more than 100 feet. The man was taken to Wake Forest Baptist Medical Center in critical condition, but later died from his injuries. The other bicyclist was not injured in the accident.

]]> The driver of the pickup agreed to a Breathalyzer test and his blood alcohol level was .14, which is over the legal limit of .08.

While every DWI arrest does not involve the loss of another life or an accident, it can be life-altering for the person that was arrested. If you have been pulled over for suspicion of driving while intoxicated, you should speak with a criminal defense attorney. It's important for you to know that while your situation is not ideal, you still have rights. Regardless of the charges, you have the privilege to explore your legal options.

Source: WXII12.com, "Ohio Bicyclist Dies From Crash Injuries," March 26, 2012

Professor facing drug charges in Argentina

2012-03-23T18:55:23Z

Traveling to an exotic country can be a wonderful experience unless you are arrested and thrown into jail in that country. For a University of North Carolina at Chapel Hill professor, his trip to Argentina took a turn for the worse when he was arrested and charged with trying to smuggle drugs out of the country.

The professor, 68, was arrested in January and is being held at a prison in Argentina. According to the defendant, he was arrested as he was getting ready to leave the country and was having his luggage searched. Airport officials searched his luggage and found 2 kilograms of cocaine that was found built into his luggage without his knowledge.

]]> Since his arrest, the defendant has had two visits from U.S. consular officers and they have provided assistance where needed.

The defendant maintains his innocence and believes that he will not be convicted, but that the Argentinean justice system is very slow. He believes that there is enough evidence to prove that he didn't know that the drugs were in his luggage and he hopes that information will come out in court and he will be found innocent.

To make matters worse for the defendant, when the university found out about his arrest, they suspended his pay, leaving him to fund his own defense. He has been a professor at the Chapel Hill since January 1981 and the university would not elaborate on why his pay has been suspended.

The defendant remains optimistic and hopes that he'll be out of prison by the fall semester so that he can get back to teaching.

Source: Foxnews.com, "North Carolina physics professor in Argentine jail on drug charges," Joshua Rhett Miller, March 20, 2012

College students arrested for drug charges

2012-03-16T15:13:31Z

Being involved with drugs, even recreationally, could cause serious repercussions, especially if you are on the North Carolina Central University basketball team. Last week one of their players was arrested after police found marijuana and cash in his apartment.

Police executed a search warrant on the apartment of the basketball player. The defendant and his roommate, both in their 20s, were each charged with possession with the intent to distribute marijuana, maintaining a dwelling for drug distribution, and possession of drug paraphernalia.

]]> The basketball player has been sidelined from the team because of an injury he suffered in December. According to his coach, he was disappointed to hear about the arrest and stated, "As coaches, we try to nurture and provide the necessary resources for these young men to be successful. We constantly talk about the impact of making positive decisions; then we hope and pray they make positive decisions when faced with daily temptations."

While we don't know how this case will turn out, the hope is that this was just a poor decision and the two have learned their lesson. Anyone facing drug charges like these can have a negative effect on their future. If you are in a situation where you have been arrested by police for drug possession, you will be charged. You should speak with an experienced criminal defense attorney to discuss the charges and figure out an effective defense.

The two men in this case were being held in jail under $10,000 bonds and North Carolina Central University has not responded formally to the charges.

Source: WRAL.com, "NCCU basketball player facing drug charges," Mar. 8, 2012

Legislature looking into tougher penalties for drunk drivers

2012-03-09T13:33:12Z

Drunk driving laws may get tougher for even first time offenders if the North Carolina legislature passes a law making alcohol ignition interlocks mandatory for everyone convicted of DWI. While every state varies on possible penalties for DWI, this would be a strong statement for drivers not to drink and drive.

Many advocate groups as well as families who have lost loved ones are pushing for this new law. For one family, a first time offender killed their son and they feel that stricter laws would make people think twice before getting behind the wheel after drinking.

]]> Families, who have lost loved ones by a drunk driver, miss their loved ones everyday and this law would give their loss a sense of purpose. They feel that even a first time offender can take a life and destroy a family, and using an ignition interlock system would help deter people. If a previous offender had to blow into a device every time they got into their car, it would mean one more sober driver on the road.

While every DWI arrest does not involve the loss of another life or an accident, it can be life-altering for the person that was arrested. They may have had a glass of wine with dinner and didn't realize that they were legally drunk.

If you have been pulled over for suspicion of driving while intoxicated, you may want to speak with a criminal defense attorney. It's important to know that you still have rights and regardless of the charges, you have the privilege to explore your legal options.

Source: Digtriad.com, "Parents of Darren Jones Advocate For Tougher DWI Laws," Liz Crawford, Mar. 7, 2012

Positive drug test ends season for football player

2012-02-29T19:58:25Z

In an effort to be bigger and stronger, a North Carolina State linebacker took what he thought was a nutritional substance, and now has been banned from playing football for the 2012 season. The NCAA regularly performs drug tests on players for eligibility purposes.

The football player is taking full responsibility for his actions and has said that he should have checked with the coaching staff to make sure that he was not taking an illegal drug substance. As part of his suspension, he is allowed to practice with his team, but cannot play during the 2012 season. According to the NCAA Division I manual, the player will lose one year of eligibility with his suspension and as a result of the suspension, he will only have one year of eligibility remaining under current NCAA rules.

]]> Losing such a high caliber player will hurt the team this year, which already has to replace three starters from last year's team.

Hopefully, this case demonstrates that young people can make mistakes when it comes to taking an illegal substance. It has taught this player that the consequences can be severe from a football standpoint, and he's lucky that he was not involved with a criminal drug charge.

Anyone that is facing a drug charge could have a lasting impact on their lives. If you are in a situation where you have been stopped by police and they find drugs, you will be charged and could face serious penalties. You should speak with an experienced criminal defense attorney to discuss the charges and figure out an effective defense.

Source: Charlotteobserver.com, "N.C. State linebacker fails drug test," J.P. Giglio, Feb. 28, 2012

Suspended NASCAR driver faces more legal woes

2012-02-22T15:19:29Z

When it rains, it pours when it comes to the unfortunate circumstances for former NASCAR driver Jeremy Mayfield. He has recently been charged with three counts of possessing property stolen from businesses and a fourth charge of obtaining property by false pretense.

According to the indictment, Mayfield was in possession of stolen goods from three companies including a sofa, love seat and other furniture when officers raided his home last November. At the time of the raid, Mayfield was also charged with possessing 1.5 grams of methamphetamine and $100,000 worth of items taken from other businesses.

]]> Mayfield, 42, has been in legal trouble since May 2009 when NASCAR suspended him for failing a random drug test at Richmond International Raceway. He is trying to appeal this decision and believes that his reinstatement as a NASCAR driver should be heard by the courts. He feels that the drug test he took was flawed and did not take into consideration the medication that he was taking at the time. He claims that Claritin-D and the prescription medication Adderall led to the positive test result and that he should be reinstated.

While we don't know how this case will turn out, anyone facing similar charges should speak with an experienced criminal defense attorney to discuss the charges and figure out an effective defense. Charges like Mayfield are facing can have a lasting impact on a person's life and the consequences could be serious.

Since Mayfield's suspension, he has faced judgments against him in excess of $2 million for failing to pay bills, $109,000 if property taxes and is facing foreclosure on his property.

Source: USA Today, "Suspended NASCAR driver Mayfield faces new charges," Feb. 21, 2012

NFL player faces DUI charge

2012-02-13T13:25:55Z

What kind of people do you think get DUIs? Irresponsible people? Those who have alcohol problems? People who are selfish and do not think of others?

Certainly, people like that get DUIs, but so do people from every walk of life. That includes teachers, police officers, celebrities and, as a recent case involving San Francisco 49ers linebacker Aldon Smith shows, professional athletes. His case should provide readers in Winston -Salem with proof that DUIs aren't restricted to one type of person.

]]> Smith was recently arrested in Miami and was charged with drunk driving. We do not know all the details of Smith's arrest, since police have released only the bare-bones facts, but so far, it is known that Smith arrested early the morning of Saturday, January 28 by police in Miami Beach and that he was taken to jail and held on $1,000 bond.

It is unfortunate that Smith's career is now somewhat tarnished, because he was largely to thank for the San Francisco 49ers late-season success (the 49ers came very close to a Super Bowl appearance, but ultimately lost to the New York Giants).

Hopefully, Smith's case shows you that people of all stripes can make a mistake when it comes to mixing alcohol and driving. Average citizens do not have breathalyzers like police do, so it is hard to know exactly when you have crossed the line and are no longer legally allowed to drive. If you ever fall under suspicion for driving while you are intoxicated, you may want to speak to a criminal defense attorney about the matter. In some cases, criminal defense attorneys can help make the best of a bad situation.

Source: USA Today, "49ers' Aldon Smtih faces DUI charge in Florida," Jan. 28, 2011

Three students charged with cocaine possession

2012-02-07T14:57:58Z

Three University of North Carolina students were arrested over the weekend and charged with cocaine possession and trespassing according to police. One of the students is the youngest son of the Jacksonville Jaguars' new head coach, Mike Mularkey.

According to the police report, the three students were found hanging out on top of a parking deck around 1 a.m. February 3. When police approached, the trio appeared to be using cocaine and police found drug paraphernalia and a bag containing cocaine residue with the students.

]]> Mularkey was recently hired by the Jacksonville Jaguars after they fired their previous coach last November. He apologized for the distraction that the arrest may be causing his new team and added that the arrest is a family matter and that they are dealing with it as such.

Two of the students arrested are former University of North Carolina football players and the third, a woman, who was a former cross country runner at the school.

While we don't know how this case will turn out, the hope is that this was just a bad decision made by friends. Anyone facing a drug charge like this can have a lasting impact on their lives. If you are in a situation where you have been stopped by police and they find drugs, you will be charged and could face serious consequences. You should speak with an experienced criminal defense attorney to discuss the charges and figure out an effective defense.

The three students were released on $1,000 bonds.

Source: The Florida Times-Union, "Youngest son of Jaguars coach Mike Mularkey charged with cocaine possession," Dan Scanlan, Feb. 3, 2012