The cases are unrelated. Collins was arrested after she sold 4 grams of opium to an undercover police officer. She faces three counts of drug trafficking.
Herd was arrested when officers found 296 oxycodone pills in his possession. Investigators believe that he used his apartment as a storage and selling facility for the drugs. Oxycodone is classified as an opiate under North Carolina law.
]]> A conviction for drug trafficking in North Carolina means a mandatory minimum sentence. Regardless of whether or not you have no other criminal history, being convicted for drug trafficking in North Carolina means spending time in jail.Compared with other states, North Carolina's mandatory minimums for drug sentences are quite harsh. Example North Carolina minimums as outlined in ยง 90-95 of the North Carolina statutes include:
These are the baseline sentences for the listed drug trafficking offenses. The actual sentence maybe much larger depending on an existing criminal history, aggravating factors in the actual offense and larger quantities of drugs, among other reasons.
Source: News Observer, "2 charged with drug trafficking in separate Raleigh arrests," May 12, 2012
]]>The sex offenses took place in Fayetteville. The Army has turned over the information from its investigation to local law enforcement to determine whether criminal charges will be pursued. Statutory rape is a crime in North Carolina. A person who has sex with a minor between the ages of 13 and 15 may be guilty of a felony if he or she is four years older than the minor. If the age gap is six years or more, the penalty increases.
]]> The Heavy Equipment Operator had previously separated from the military in 2006. Officials at Fort Bragg cited him for a pattern of misconduct, but he was allowed to reenlist in 2008. The Army began its investigation after the soldier's wife reported that she suspected he was viewing child pornography. During the course of the Army investigation, the former soldier admitted to viewing 900 images of child pornography on his home computer along with having sex with the underage girls.According to Lt. Col. Benjamin L. Garrett, once a soldier confesses to misconduct, the confession alone can be enough to warrant a discharge from the military even if criminal charges are not brought. The standard of proof for discharge is much lower than that for a criminal trial. Garrett is the spokesperson for Fort Stewart, the last post for the former Army soldier who confessed to the sex offenses.
Source: FayObserver, "Charges not filed in underage sex case involving former Fort Bragg soldier," Greg Barnes, May 11, 2012
]]>A cheek swab is taken when an accused individual is processed by law enforcement. Cheek cells contain the individual's DNA. The swab sample is then shipped to the North Carolina State Board of Investigation (SBI) for processing. Once the DNA analysis is complete, the information is uploaded into CODIS -- the Combined DNA Index System -- and is accessible by the Federal Bureau of Investigation (FBI) as well as other law enforcement agencies.
Those who refuse to give a DNA sample during booking will not be allowed to post bond to get out of jail until law enforcement is allowed to take the sample. The collection of DNA for anyone charged with a higher-level felony cost North Carolina almost $1 million in 2011.
]]> Once a DNA sample is processed, the SBI must destroy the sample and DNA record if:After June 1, prosecutors must request the DNA profiles taken from individuals who no longer meet the criteria for DNA sample collection be destroyed. Prior to that date, the individual must request destruction of his or her DNA sample.
Source: Hickory Daily Record, "New law widens crime-fighting net," Sarah Newell Williamson, May 5, 2012
]]>The stings took place in New Jersey and Massachusetts, but similar action by law enforcement could be right around the corner here in North Carolina. Twenty-seven arrests were made in New Jersey and 32 were made in New York. Some IP addresses were traced to out-of-state computers. That information has been passed on to the Internet Crimes Against Children task force for follow up with other state law enforcement agencies.
]]> Using computer forensics, police were able to track down the internet protocol (IP) address of users who were downloading or sharing files containing child pornography. Law enforcement was also able to download any questionable material and determine exactly what was and wasn't illegal child pornography."Using a file-sharing site is like having your child pornography collection on your front stoop," noted a detective involved in the sting operations. "By leaving it open, you allow others to take your files. We [the police] are watching."
Also at law enforcement's disposal was an undercover room. From there, police were able to pose as children online to root out individuals who engage in the solicitation of a minor or other internet sex crimes.
Source: Lawrenceville Patch, "27 Arrested Statewide in Child Pornography Sting," David Seamon, April 17, 2012
]]>Both students were found to be responsible for sexual assault and sexual misconduct by the student conduct board last fall and were suspended for eight semesters each. A school appeals board upheld the finding and the suspensions. But, the University allowed the men back on campus and granted them each a new, separate hearing on the sex crimes allegations.
After the new hearings, one player was found responsible for the rape and the other was not.
]]> The rape was reported to the county Sheriff's office, but neither student has been criminally charged with a sex offense related to the reported rape. Another student victim did come forward however, after the first reported the alleged sexual assault.The second rape survivor said the same two players had also raped her after a spring party in 2011. In total, she reported that four football players and one other man sexually assaulted her. Four of the five men were held responsible by the Student Conduct Board for the sex offenses. One was found responsible for sexual misconduct and sex offenses and suspended for eight months. Another was found responsible for harassment and can no longer play football at ASU.
The students appealed and new hearings took place at the end of March.
Source: Winston-Salem Journal, "ASU issues new sex-case rulings," Monte Mitchell, April 27, 2012
]]>He pleaded guilty to three counts related to the sexual exploitation of a minor for the images of 4 to 7 year old girls found on his computer. He was sentenced to probation for a six to 17 month term, must register as a sex offender, enter a program for sex offender and substance abuse treatment and is prohibited from having contact with a child under age 16.
As long as he follows the terms of his probation, McCabe will not serve any time behind bars for the sex offenses.
]]> There was no evidence that McCabe had improperly touched any of the children from the church. Despite leaving his position as the youth director after his arrest, several members of the church, along with his wife, attended court to support McCabe.Investigators from the Cyber Crimes Unit of the Cary Police Department had been keeping tabs on McCabe for several months. They were able to determine that he was downloading child porn and a search of his computer revealed the stored images.
The former Cary youth director and his wife plan to move to Alabama where McCabe has family. He will have still have to register as a sex offender there and must still conform to the restrictions of his probation or risk going to jail.
Source: WRAL.com, "Former church youth director pleads guilty to use of child porn," April 23, 2012
]]>He himself did not have enough cash or assets for the banks to consider him an acceptable risk. He sought out another, high-asset individual to back his bowling alley project, but he or she would not get onboard. Instead of abandoning his plans, however, the man committed federal fraud when he submitted falsified documents and paperwork with forged signatures to secure the loans needed.
]]> In total, the man used falsified and forged documents to attempt to secure almost $6.5 million in commercial financing. The financing package would have included a mortgage from Key Source Bank, a construction loan from Capital Bank, and commercial lines of credit from North State Bank and TrustAtlantic Bank.The aspiring bowling alley and family entertainment center owner and operator has not yet been sentenced. There was no information as to whether a deal was struck with federal prosecutors when the guilty plea was made midway through trial.
Bank fraud carries a maximum prison sentence of 30 years for each count, with supervised release for five years after the prison sentence is completed. Aggravated identity theft carries a mandatory two year sentence.
Source: Mortgage Daily, "Raleigh Man Pleads Guilty to Bank Fraud and Identity Theft Scheme," April 24, 2012
]]>Local residents had complained about Thee Playhouse, in Hickory, prompting the investigation. Investigators from ALE reported purchasing drugs and witnessing violations of alcohol laws while at the adult club.
Charges against the 11 people range from knowingly allowing sexually explicit conduct and drug possession on the premise to engaging in sexually explicit conduct and possession with intent to sell or distribute drugs, including oxycodone, hydrocodone and marijuana. A conviction for any one of these crimes could include probation, fines, a prison sentence or other penalties.
]]> According to ALE's website, North Carolina has made it illegal to:As a division of the Department of Public Safety, ALEs job is to enforce these restrictions on restaurants, bars and others throughout the state, such as Thee Playhouse.
There is currently one outstanding warrant for a dancer at the adult club. The 19-year-old is accused of selling or delivering drugs, drug possession, engaging in sexually explicit conduct and theft by false pretenses.
Source: Charlotte Observer, "11 arrested after probe at Hickory adult club," April Bethea, April 18, 2012
]]>New sentencing recommendations are focused on professionals who commit insider trading rather than investors operating on one trading tip. Professionals have, according to the Justice Department, more opportunities to commit insider-trading offenses and so need additional incentives in the form of harsher criminal penalties to stay on the right side of the law.
The federal sentencing guidelines provide judges with a time range for an appropriate sentence once a person is convicted of committing a federal crime. Under the current guidelines, financial professionals who commit insider trading but don't profit from their bad acts may avoid punishment. The recommended changes aim to close that loophole.
]]> Many criminal defense lawyers are concerned that tougher sentences will unnecessarily sweep in those on the fringes of insider trading violations and argue that the changes are unnecessary. An analysis by the Wall Street Journal revealed that those convicted of insider trading -- like Raj Rajaratnam of the Galleon Group and Zvi Goffer, a Galleon Group trader -- are already receiving harsher penalties than those who committed similar offenses in prior years.Rajaratnam is serving 11 years while Goffer has been sentenced to 10.
Sentencing recommendations for securities fraud, financial fraud and mortgage fraud were reviewed by the Sentencing Commission at the request of Congress. The proposed changes will become effective in November unless Congress votes to change or disallow them.
Source: The Wall Street Journal, "Longer Sentences Sought for Insider Trading," Brent Kendall, April 15, 2012
]]>The aggravated sexual assault took place in late spring of 1991, according to police. Taylor allegedly was part of a group of individuals that drove up next to the victim while she was walking down the street, forced her into the vehicle, drove a short distance and raped her.
The victim was released by her captors after the rape as they fled the scene. She waved down a police cruiser and reported the rape.
]]> As part of the investigation, a rape kit was completed and DNA evidence was collected and preserved. After the rape kit was processed, the Charlotte-Mecklenburg Sexual Assault Cold Case Unit used that DNA evidence to tie Taylor to the crime from 20 years prior.While arrests in cold cases may offer closure to victims who have otherwise been unable to see their attacker(s) put behind bars, the passing of a long period of time between the actual crime and an arrest may raise serious issues for a criminal defendant. But, the good news is that DNA evidence may finally offer a chance at freedom for those who were innocent of the crimes charged but were still convicted and are behind bars.
Taylor is currently being held on a $125,000 bond at the Mecklenburg County Sheriff's Office.
Source: Charlotte Observer, "Suspect arrested in '91 rape, kidnapping," April Bethea, April 6, 2012
]]>The grand jury then issued a subpoena duces tecum - an order requiring the man to turn over certain documents - for the unencrypted files. Claiming a Fifth Amendment privilege against self-incrimination in the sex crimes case, the man refused to comply with the subpoena. He was held in contempt for failing to produce the unencrypted files.
]]> An expert witness for the government testified that, without the files being unencrypted, there was no way to tell what was stored in them. There could be something that supported the government's case that the man was possessed child pornography. Or there could be nothing but random data.The Court of Appeals for the Eleventh Circuit ruled that the government couldn't compel the man to produce the unencrypted files because doing so would violate his constitutional right against self-incrimination. Whether the Fourth Circuit, which includes North Carolina, would come to the same conclusion is something to discuss with your sex crimes defense lawyer before handing over any incriminating evidence to the prosecution if you are facing sex crime charges.
The Fifth Amendment to the United States Constitution provides, in part: "No person shall be...compelled in any criminal case to be a witness against himself..." By forcing the man to provide the unencrypted files from his own computer, which he may or may not have had the ability to do, would be forcing him to offer testimony as to his own guilt or innocence.
Source: U.S. Court of Appeal Eleventh Circuit, "United States of America v. John Doe, "February 23, 2012
]]>The arrest turned out to be a mistake. Florence had paid the fine but because of some reporting error, the related bench warrant was never cleared. Florence was taken to a detention center after a state trooper pulled him and his wife over and found the outstanding warrant. After six days in the detention center, Florence was taken to the county jail.
At each location, Florence had to strip, shower and be checked for gang markings, scars and contraband. Once released, Florence sued based on there being no need to have strip-searched him twice for a minor offense if there was no indication that he was carrying weapons or drugs.
]]> The U.S. Supreme Court did not agree. The Court held, in FLORENCE v. BOARD OF CHOSEN FREEHOLDERS OF COUNTY OF BURLINGTON et al, that a person's expectation of privacy must be balanced with the need for safety within a prison or jail and that those working in a jailhouse are in the best position to determine who should be searched.Of the 13 million people processed annually in jails throughout the United States, jailhouse workers often do not know of the existence of a criminal record or a reason why someone may be carrying a weapon or drugs into a jail, according to the Supreme Court. The Court noted that both Timothy McVeigh, the bomber behind the Oklahoma City disaster, and one of the 9/11 terrorists, were stopped for minor traffic violations but turned out to be major offenders.
"People detained for minor offenses can turn out to be the most devious and dangerous criminals," noted the Court. To sum up, if you're arrested for any reason and taken to jail, be prepared to be strip searched.
Source: MSNBC, "Supreme Court: Strip searches in jail OK even for minor offenses," April 2, 2012
]]>North Carolina also has a Stand Your Ground law. It is relatively new - lawmakers added it on to the Castle Doctrine just last year and it just became effective in December. Under the Stand Your Ground statute, there is no longer a duty to retreat from a place that you have a legal right to be before using deadly force to protect yourself.
]]> Self defense is considered an affirmative defense - meaning, that what is being accused or charged did happen, but there is a reason why you should not be criminally punished. North Carolina's Stand Your Ground law allows you to defend:To a certain extent, the law also allows you to defend others who are unrelated to you as well as other property not listed above. If you've been charged with a crime, your Raleigh criminal defense attorney can help determine whether the Stand Your Ground law is a usable defense in your case.
For many throughout North Carolina, Stand Your Ground was a welcome change in protecting would-be victims of crime. But, based on the recent Florida shooting, some North Carolina lawmakers are considering changing the self defense statute again. Whether the Stand Your Ground law is being applied correctly in the Trayvon Martin case remains to be seen.
Source: ABC 11 Eyewitness News, "Lawmakers consider changes to 'Stand Your Ground'," Joel Brown, March 27, 2012
]]>The former seventh grade science teacher, Paul Canally, was arrested a few weeks ago for sex crimes related to one boy but five more boys have since come forward with stories of sexual abuse by the Clayton man. The boys claim that they met the teacher through school and he then used social media - Facebook - to continue building the relationships until finally requesting each boy come to his home.
]]> Once at his house, the Clayton teacher allegedly molested the boys as well as took pictures of them. Only one neighbor reported suspicious behavior at Canally's home. The neighbor said he saw Canally with a young boy at 2am, which he thought was odd, but he did not mention anything illegal. Canally is currently being held on over $2 million bond.Police say the investigation into the former Archer Lodge Middle school teacher is still ongoing. They are unsure whether there are additional victims who may still come forward. It is not uncommon for additional victims to find the courage to report a sex crime after others have started doing so, according to Clayton police.
Canally resigned from teaching at the middle school in July of 2009 for personal reasons. He was under investigation for a verbal complaint, but the complaint did not involve allegations of sexual misconduct, according to a Johnston County Schools spokesperson.
Source: WRAL.com, "Sex abuse charges mount against ex-teacher as victims speak out," March 19, 2012
]]>Any misdemeanor moving violation by a teen driver with a provisional license is now grounds for arrest. Teen drivers can also be arrested for passing a school bus, driving over 80 mph and careless, reckless or aggressive driving under the new law. Once arrested, the teen driver can elect to leave his or her car at the scene or to have it towed elsewhere. A magistrate judge will decide whether the teen driver's license will be suspended after arrest for up to 30 days.
]]> The law is intended to protect teens and others sharing the road with inexperienced drivers from serious and even fatal injury in a motor vehicle accident. Car accidents are the number one cause of death among teens across the United States. The North Carolina Highway Patrol reports that a teen driver is involved in a car accident almost once every 23 minutes with speed being the most common factor.But some believe the legislature went too far. Being arrested and taken into custody for a traffic violation may be a bit excessive. Some parents are concerned that an arrest for speeding may pose problems for their son or daughter when trying to get into college.
Source: MyFox8.com, "Teen drivers arrested for speeding after new law passes," Kristin Nelson, March 27, 2012
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