In North Carolina, only 1,100 people have been monitored by devices like this. Nationally, over 140,000 offenders have. Obviously, NC isn’t making use of it like other jurisdictions.

There are more than 40 DUI and drug courts in the state. These specialty courts use a variety of tools to help offenders battle addiction and stay away from further criminal violations. For some, alcohol detection bracelets seem like a logical addition to these tools.

However, a committee called the Drug Treatment Court Advisory Committee decided the bracelets weren’t effective enough nor cost relevant to stay in the court system. They also questioned the methods used by the manufacturer’s of the devices, stating they employed a door-to-door sales sort of approach, marketing the device to individual judges and courts like a used car salesman.

These brackets, also known as SCRAM (Secure Continuous Remote Alcohol Monitor) bracelets, measures any alcohol consumption by the wearer, by continuously monitoring alcohol any level in the body. directly through the skin.

The devices require a daily $12 fee, paid directly to the company who makes them. This makes them unaffordable for many people within the DUI courts to begin with and because studies show that those who elect to be monitored by such devices often get more lenient treatment, it only further widens the socioeconomic gap within the justice system.

In addition to the cost issues is reliability. The Committee who barred the devices use in 2007 pointed out false positive readings and took issue with the fact that the “studies” proving the effectiveness of the devices were funded by the manufacturers themselves, throwing any chance of scientific objectivity out the window.

Occasionally, despite the barring of these devices in treatment courts, we do see them being used. Their tendency to deliver bad results and the fact that they often don’t prevent further law violations makes them a questionable choice for any judge, however.

These sort of technological advances are seen frequently and even in cases of breathalyzer tests. As a defense attorney, challenging the results of a breath test at the time of your DWI arrest is just one way we may be able to help you with your case.

Penalties for a DWI conviction in NC are quite serious. If you already have a DUI on your record, new charges can be particularly tough to face. Please contact our law offices today if you are facing charges of drunk driving. We can provide a free consultation to discuss your options.

According to the Raleigh News and Observer, she is being replaced by the Attorney General’s legislative liaison. Many wonder if this substitution will bring improvement or if someone from outside the agency would be a better move toward the drastic improvements needed in the Bureau and the crime lab.

The SBI’s crime lab has been under scrutiny for years but more recently because of the DNA exoneration of Greg Taylor. Taylor served nearly two decades in prison for a murder he didn’t commit. Faulty bloodstain analysis played a major role in the case against him.

The SBI agent overseeing bloodstain evidence testified at Taylor’s trial that stains on his truck were, in fact, blood when he knew them to be otherwise. This wasn’t the only case in which the same agent was criticized for false testimony while under oath.

SBI bloodstain pattern analysis has been indefinitely suspended while the agency undergoes some serious quality control.

Evidence is the meat of any criminal case. Whether it’s a murder case or a drug possession case, the prosecution relies on the evidence to gain a conviction. When the integrity of that evidence is questionable, it can completely destroy the prosecution’s case.

Interestingly, the Bureau Chief who was removed is leaving for a potentially higher-paying position within the new state Medicaid fraud unit. While people are highly critical of this seeming promotion, others are just relieved to see her out of the crime lab.

As criminal defense attorneys, the evidence is one of the first thing we discuss with a potential client. What the prosecution has against you can often tell me what chances you have for a favorable outcome at court.

If the evidence was seized illegally or if there was an issue with the way it was processed, we could move to have your case dismissed. At the very least, poor evidence can lead to a favorable plea agreement.

If you’re facing criminal charges in North Carolina and want to discuss the evidence against you, contact us for a free consultation on your case.

Watching the news you wouldn’t know crime was down. The media takes every story of crime and runs  with it, knowing how their viewers like a good crime story. This entertainment style of journalism leads to a skewed view on crime, however.

Violent crime dropped 12.5% and the overall crime rate fell 8.8%. The biggest drop came from Chatham County, who saw a remarkable drop of 14.7%. Motor vehicle theft dropped statewide by 25.8%.

So what’s the cause of these dramatic numbers? Well, no one knows for certain though everyone has theories. Federal prosecutor George Holding says “It’s not complicated, prosecute and incarcerate”. He seems to think it’s because we are successfully locking up all of the criminals—as if there wouldn’t be others to take their place.

Another argument is that the population overall is getting older. The majority of crimes are committed by younger adults and as the population ages, there are fewer young to commit the offenses. The baby boomers are simply getting too old to run afoul of the laws.

Another interesting theory that runs counter to a popularly held belief is that property crime actually decreases in times of financial strife. It declined during the Great Depression as well. Typically people assume crime will increase with the growth of financial stress—this isn’t necessarily true.

Interestingly, North Carolina isn’t the only place seeing dramatic shifts in crime rates. This trend is being seen across the country.

Here, however, the most commonly agreed upon reason is a tough approach to crime. Whether their reasoning is valid or not, the state keeps a pretty tight grip on criminal violators, recently passing legislation that will require the collection of DNA from people accused of many violent felonies.

There’s no indication that the state of North Carolina will let up on their tough on crime policies either. So, if you are facing criminal charges you need to protect yourself with a strong legal defense advocate. Contact us today for a consultation on any North Carolina criminal offense.

This new requirement, passed last year, has caused cases to move much more slowly as the prosecution must be prepared to introduce breath test evidence with an expert state witness on hand, if required.

While considered a win for the DWI accused in getting a fair hearing at trial, the current backlog problem created is causing problems for defendants as well. One local attorney notes that the backlog often requires a person accused of drunk driving to appear in court as many as 10 or 11 times in order to resolve their case, where it used to take only a couple of court dates.

Having to take that many days off from work is a significant burden, and may even be legally questionable around the issue of the right to a “speedy trial”.

A new dedicated DWI court should help move more cases along. DWI courts are also used in other North Carolina Counties, such as Wake and Columbus.

Mental health courts are just one variety of specialized courts. Drug courts and DUI courts are others in the North Carolina system. These specialized courts are designed to take a unique approach to crime. They sanction criminal activity through a wide variety of community resources.

The mental health courts used in this study involved a program that allowed the defendants to satisfy their criminal sentence (probation, community service, employment, etc) while also addressing mental health issues through things like counseling.

About 79% of those who completed the program were not rearrested within the following 2 years. For those who were expelled that rate was 19%. And for those who left willingly, the recidivism rate was 37%.

All specialized courts show similar promise. Drug courts, for instance, might include drug education or treatment requirements. The defendant may have to check in with the judge from time to time to establish that they are adhering to the sentence recommendations.

Although no one wants to go to criminal court, these specialized courts can give defendants more options and sometimes the opportunity to keep their record clean. Some diversion programs actually drop first time charges after a successful drug court experience.

Many jurisdictions within the state offer DUI and drug courts. Knowing what your chances are of being seen in one is can help put your mind at ease. Contact our lawyers today to discuss your case and where it will be heard.

If you are facing drug charges we can talk about the evidence against you and how the police arrived at it. If the search wasn’t lawful we may be able to get the evidence suppressed and the charges dropped altogether.

Contact us today to get some legal advice on North Carolina criminal charges and courts.

The NRA has become a mouthpiece for gun rights over the last several decades. This organization clings to the 2^nd Amendment and the right to bear arms guaranteed within. They are in constant opposition to gun regulations and control laws.

Some state their views have gone too far, however, particularly in suggesting people on the US terror “watch list” should still be allowed to purchase firearms.  However, it’s the NRA’s position that the list, which is kept private and wrought with error, doesn’t have the integrity to strip someone of their constitutional right.

Despite gun rights being a hot button issue, the states reserve the right to control just how weapons can be used, owned, and carried. There are numerous gun laws on the books in every state, including North Carolina.

According to this article from the Charlotte Observer, over 190,000 North Carolinians have concealed weapons permits. This number may be more than you suspected. But, these people know that having the permit is far better than being caught without it.

A criminal possession of a concealed firearm charge is a misdemeanor offense and can lead to jail time. There are several legitimate defenses to this charge, however, and discussing your case with an attorney is a good place to start in determining what options you have.

Regardless of your views on gun control, the statement from NRA Vice President Wayne LaPierre that the problem is in the “lack of criminal prosecutions” may sound ludicrous. Living in the most incarcerated country in the world makes the thought of locking more people up seem like an illogical cure to crime.

If you are facing gun charges and are concerned about the likelihood that you will have to serve time, pay fines, or be put on probation, p. Contact us to discuss the details of your case.

Perdue states that the state will be joining forces with the U.S Department of Justice, the National Council of State Governments Justice Center and the Pew Center to study why so many people end up in prison and what might be effective in changing this.

Typically, corrections and the criminal justice system only look at what can be done after a crime is committed. Prevention, on the other hand, hasn’t played as big of a role. Being “smart on crime” will require the state to not only prevent future criminals but also prevent recidivism.

Treatment programs like rehabilitation, mental health, education, and job placement can all play a role in helping someone stay out of the criminal lifestyle. While we can hope the new studies that the Governor is committed to will one day translate to more programs like this, for now we are left with what is already available.

Probation is one way in which some of these programs are available for prevention of recidivism. The probation department of North Carolina has gotten a lot of negative publicity over the past several years but the resources are there for defendants committed to making a change.

In addition, when you are facing charges you can take proactive measures that will not only benefit you but possibly have a positive impact on your case.

For instance, if you are charged with drug possession and enroll yourself in a drug treatment class, the prosecutor and judge will see this initiative as being proactive and take that into consideration when determining how best to charge and sentence you.

When you are facing charges like drug offenses or even DWI, you need a defense attorney that has knowledge of what programs and alternatives are currently in place. As your attorney, I can help you find the resources you need. Call me today.

There is a frightening trend in our country and especially in urban areas like Durham, Raleigh, and Charlotte. The code of the street states that “snitching” or implicating someone in a criminal investigation is wrong and a grave offense. While keeping mum about what you know may seem cool to some, it is a scary trend to most people concerned with the safety of their communities.

The magazine called Diamond Resort is a creation of 23 year old Delora Croudy, a friend of Stanton. She claims that her motive is to “scare young people straight” according to the News-Observer. She may be working to further intimidate those people who would normally come forward with information about a crime, however.

Among other things, the magazine states “The Code of the Streets is Dead” and “Over 100 Names Mentioned In Statements. Is Your Name In There?” The publication doesn’t just include previously unreleased documents but uses photos and names of potential informants as well. Families of those accused and the victims of their offenses are rightfully concerned.

The vast majority of criminal cases end in plea agreements. Oftentimes, the prosecutor will offer to be lenient if you “cooperate” or even testify against someone else who is charged in your case. The moral struggle that goes along with this decision can be incredibly difficult, particularly when you think you may be labeled as a “snitch”.

There are many reasons that facing criminal charges is stressful. The potential prison sentence is only one of these.

If you are facing criminal charges and need help navigating the system and making those tough decisions, an aggressive defense attorney can help. Call our lawyers and we can help you understand how your decisions now, concerning your case, can affect your future in the long run.

The Mexican drug trade is being blamed for the rise in heroin in the Queen City where police are frightened drug related violent crime will see a spike as well. According to the Observer, officials haven’t seen a jump in related violence yet, however.

Heroin, which initially became popular in the late 70s and 80s is experiencing a resurgence across the country and North Carolina is not an exception. Mentioned as one of the cities where Mexican drug traffickers maintain “drug distribution networks”, it is no shock that Charlotte is following the trend like other major cities and suburbs in the U.S.

The Charlotte Police report that seizures of heroin this year has more than quadrupled. So far, at the writing of this report, officials have seized 4,989 grams, up from a total of 1,075 for all of 2008.

One of the lures of black tar heroin is its affordability. As far as drugs go, this one is cheap and that initial cheap high can get people hooked and hooked fast. Like all other drugs classified as a Schedule 1, heroin is considered one of the most addictive dangerous illicit drugs available.

Drugs are classified under the law according to their risk for addiction. Schedule I drugs are highly addictive and the most dangerous. They also deliver the most stringent criminal penalties.

Heroin, ecstacy, LSD, and mescaline are all Schedule I drugs under N.C. law. Possession of heroin could get you a felony on your record and a prison sentence to boot. Drugs like cocaine and meth are Schedule II substances and are considered misdemeanors when it comes to possession.

However, if you have enough of a controlled substance in your possession, you could face charges of possession with intent to deliver and face much more serious penalties like several years behind bars, exorbitant fines, drug treatment, and supervision following your release.

Whether you got caught up in this resurgence of heroin or if you are just facing charges of marijuana possession, you need an experienced defense attorney on your side. Contact our attorneys immediately about your case so we can work on it together.

Thirty year old Jammie Shantel Street had just dropped off her three children at their daycare in Fuquay Varina when the two elder children ran inside and alerted staff that their mother was being beaten . A daycare worker came out to see Street’s 2 year old son walking near her van and then she heard a gunshot.

First responders found Street’s body in the road and her assailant’s body in the bushes, suffering from a gunshot wound to the chest.  Thirty one year old Daniel Jerome Montgomery faces murder charges and is currently recovering in the hospital after his failed suicide attempt.

In a case that has shaken up the small town just outside Raleigh, more details are emerging about the couple and the all too familiar cycle of abuse.

Currently, Montgomery has more than murder charges pending against him; he is also facing assault charges for prior incidences against Street. As with many domestic violence cases, Street wavered back and forth between wanting the police to help her and wanting to believe Montgomery could change.

As this News and Observer article reports, she had filed reports in the past against Montgomery for his abusive behavior but then allowed a protection order against him to expire.

At the time of the murder, Street’s family says she was trying to distance herself from Montgomery and that they were living apart. This may have been what triggered his anger on the date of the incident.

Domestic violence cases are extremely difficult and thankfully rarely get to this point. Three children will now be without their mother; the youngest of the three will live with the knowledge that his father took her from them.

No one can blame the victim in a case like this and cases like this are exactly what make it difficult for other domestic violence suspects to feel like they are being treated fairly in court.

When facing criminal charges of assault or domestic violence, you need an advocate watching out for your rights. Contact me for a free consultation on your case.