NO JAIL TIME FOR ANTONIO BROWN

Earlier this year,  NFL wide receiver Antonio Brown was charged with the felony of burglary with battery and the misdemeanors of burglary of an unoccupied conveyance and criminal mischief.  Yesterday, Brown entered a plea of no contest, and as a result of that plea, he will not receive jail time.  However, Brown will be on probation for two years with the following terms and conditions:

1. He has to complete 100 hours of community service.
2. He has to obtain a psychological evaluation.
3. He must attend a 13-week anger management program.
4. He must not have any contact with the victims.

The most interesting part of this disposition, and the aspect which is most beneficial to Antonio Brown, is that the sentencing judge withheld adjudication in this case, which is a resolution within the discretion of the judge under Florida law.

As a result, he will not have a criminal record for these charges as long as he successfully completes his probation.

Getting charged with crime does not always mean that you’re going to jail.  In fact, getting charged with a crime does not mean that you will automatically be convicted.  The State bears the burden of proving its case, and that burden means that your guilty must be proven beyond a reasonable doubt.

Although Brown’s case occurred in Florida, many states have laws and policies which allow defendants to resolve their cases and avoid a criminal record by completing certain types of probation.  North Carolina is one of those states, and in some circumstances, depending on the facts, circumstances, prior criminal record, and applicable case law, you may qualify for a plea agreement that leads to no criminal conviction on your record through a conditional discharge or a deferred prosecution.

North Carolina criminal charges, both felony and misdemeanor cases, can have serious penalties and consequences. If you are charged in Winston-Salem with a North Carolina crime,  you need to speak with a Winston-Salem, Forsyth County criminal defense attorney.

Please call our office at (336) 725-6559 for a free consultation with an experienced Winston-Salem criminal defense attorney with knowledge about your criminal charges to review your case and to discuss your options.

NFL Player Charged with Possessing 157 Pounds of Marijuana

Greg Robinson was the second overall pick in the 2014 NFL draft. How quickly life can change!

On Wednesday, Robinson was riding with his former Auburn teammate, Jaquan Bray, and another unidentified passenger, when they were stopped after a drug-sniffing dog detected the odor of marijuana coming their vehicle. After a search was conducted, federal agents found 157 pounds of marijuana.
As a result, Robinson and Bray have both been charged with possession of marijuana with the intent to sell.

According to the criminal complaint, the unidentified passenger “showed agents cellphone texts that showed Robinson had offered to pay the passenger to claim ownership of the marijuana.  The texts showed the passenger refused and would not have made the trip if aware of the drugs in the vehicle. The person was not charged.”

Robinson faces up to 20 years in federal prison, and he is currently being detained in a Texas jail.

Like Robinson, people all across this country are being charged with drug offenses including possession with intent to sell.

North Carolina drug charges, such as possession of marijuana, can have serious penalties and consequences. If you are charged in Winston-Salem with  a North Carolina drug crime such as misdemeanor possession of marijuana, felony possession of marijuana,  possession with intent to sell or deliver (PWISD marijuana), or trafficking in marijuana in Forsyth County or one of the surrounding counties, you need to speak with a Forsyth County criminal defense attorney.

Please call our office at (336) 725-6559 for a free consultation with an experienced Winston-Salem criminal defense attorney with knowledge about drug charges to review your case and to discuss your options.

NFL Player Receives a Conditional Discharge for Possession of Cocaine

In August 2019, New England Patriots player Patrick Chung was charged with felony possession of cocaine in the State of New Hampshire.  Today, the District Attorney’s Office of Belknap County advised that his charge was being dismissed pursuant to a conditional discharge.  Before you dismiss this result as just another professional athlete receiving preferential treatment by the criminal justice system, consider that many states have similar laws.  In fact,  under North Carolina law, a defendant who is charged with felony possession drug charges may qualify to have his cases dismissed upon the completion of certain terms and conditions.

In North Carolina, possession of cocaine is a class I felony punishable up to 24 months in prison.  However, your prior criminal record has a significant impact on what options are available for your case as as well as the type of punishment a judge may impose, in the event that you do not qualify for a conditional discharge.

North Carolina drug charges, such as possession of cocaine, have serious penalties and consequences.  If you are charged in Winston-Salem with a North Carolina drug crime such as felony possession of cocaine, felony possession of marijuana, or felony possession of heroin in Forsyth County or one of the surrounding counties such as Davidson, Davie, Guilford, and Yadkin counties, you need to speak with a Forsyth County criminal defense attorney.

Please call our office at (336) 725-6559 for a free consultation with an experienced Winston-Salem criminal defense attorney with knowledge about drug charges to review your case and to discuss your options.

 

 

NFL Player Charged With Assault

Desmond Harrison, an offensive tackle with the Arizona Cardinals, was released last week due to an order being issued for his arrest being issued in Greensboro, North Carolina.

According to a police spokesman in  Greensboro an incident report was filed against Harrison. As a result, Harrison is now facing the charges of assault by strangulation and assault on a female.

Under North Carolina criminal law, assault by strangulation is a Class H felony with a maximum punishment of 39 months in prison.  Assault on a female is a class A1 misdemeanor with a maximum active sentence of 150 days.

Assault by strangulation and assault on a female are serious North Carolina criminal charges with significant penalties and consequences and a lot of legal issues that must be analyzed and considered.   Therefore, if you are charged with assault by strangulation, assault on a female, or some other some other assault charge such as simple assault in Winston-Salem, Forsyth County, North Carolina or one of the surrounding counties, you need an experienced Winston-Salem criminal defense attorney to handle your case.

An experienced Winston-Salem criminal defense lawyer, with experience in North Carolina criminal law, will guide you through this process to make sure that all of your rights are being protected and that all of your possible defenses, if any, are being asserted.  Please call us at (336) 725-6559 and schedule a free consultation with a Winston-Salem criminal defense attorney to assist you. Our office is located for your convenience in downtown Winston-Salem, North Carolina.

WOMAN SAYS DRUGS FLEW INTO HER PURSE

Yes, you read the title correctly.  A woman in Florida, Kennecia Posey, was a passenger in a vehicle that was stopped by the police. Upon stopping the vehicle, the police smelled the odor of marijuana, and the odor of marijuana provides the police with probable cause to search.

A search was conducted, and cocaine and marijuana were found in separate bags inside the woman’s purse. So far, as a criminal defense attorney, nothing about this story surprises me. However, it was Posey’s explanation that surprised me.

Upon questioning Posey about the drugs in her purse, she offered the following response: “It’s a windy day. It must have flown through the window and into my purse.”

As you can imagine, that explanation was not satisfactory and Ms. Posey was subsequently charged with felony possession of cocaine and a misdemeanor count of marijuana.

This case happened in Florida, but let’s think about this case if it occurred in North Carolina.  In North Carolina, felony possession of cocaine is a Class I felony with a maximum sentence of 24 months.  Misdemeanor possession of marijuana may be charged as either a class 1 misdemeanor (maximum punishment of  120 days in jail) or a class 3 misdemeanor (maximum punishment of 20 days in jail).

North Carolina drug charges, such as possession of cocaine and possession of marijuana, have serious penalties and consequences.  If you are charged in Winston-Salem with  a North Carolina drug crime such as misdemeanor possession of marijuana or felony possession of cocaine in Forsyth County or one of the surrounding counties, you need to speak with a Forsyth County criminal defense attorney.  Please call our office at (336) 725-6559 for a free consultation with an experienced Winston-Salem criminal defense attorney with knowledge about drug charges to review your case and to discuss your options.

CANADA HAS LEGALIZED MARIJUANA. NORTH CAROLINA? NOT YET

The debate about the legalization of marijuana remains one of of the most polarizing issues affecting the criminal justice system. Based upon legislation that went into effect earlier this week, marijuana is officially legal in Canada with some restrictions. Marijuana is also legal in America in some states, but North Carolina is not one of them.

In North Carolina, the felony of possession of marijuana is a class I felony with a maximum possible sentence of 24 months in prison. Possession more than 1/2 ounce up to 1 1/2 ounces of marijuana is a class 1 misdemeanor, with a maximum sentence of 120 days in jail. Possession of marijuana less than 1/2 ounce is class 3 misdemeanor with a maximum punishment of 20 days in jail.

North Carolina drug charges, such as possession of marijuana, have serious penalties and consequences.  If you are charged in Winston-Salem with  a North Carolina drug crime such as misdemeanor possession of marijuana, felony possession of marijuana,  (PWISD marijuana), or trafficking in marijuana in Forsyth County or one of the surrounding counties, you need to speak with a Forsyth County criminal defense attorney.  Please call our office at (336) 725-6559 for a free consultation with an experienced Winston-Salem criminal defense attorney with knowledge about drug charges to review your case and to discuss your options.

COMEDIAN KATT WILLIAMS CHARGED WITH ASSAULT

Last week, Comedian Katt Williams was charged with allegedly assaulting a man who was hired to drive him to a performance in Portland.  According to the Port of Portland police, Williams was charged with assault in the 4th degree, which is a class A misdemeanor.  Based upon Oregon law, the maximum penalty for this charge is a sentence of one year in jail.

So let’s consider the possible result if Williams was charged under similar circumstances in North Carolina.  Under North Carolina law, a simple assault is a class 2 misdemeanor.  As a result, the maximum punishment is 60 days in jail, although a probationary sentence would also be a possibility depending on the defendant’s prior criminal record.

A charge of simple assault is a serious North Carolina criminal charge with significant penalties and consequences and a lot of issues that must be analyzed and considered.   Therefore, if you are charged with simple assault or some other some other assault charge such as assault on a female or assault with a deadly weapon in Winston-Salem, Forsyth County, North Carolina or one of the surrounding counties, you need an experienced Winston-Salem criminal defense attorney to handle your case.   An experienced Winston-Salem criminal defense lawyer, with experience in North Carolina criminal law, will guide you through this process to make sure that all of your rights are being protected and that all of your possible defenses, if any, are being asserted.  Please call us at (336) 725-6559 and schedule a free consultation with a Winston-Salem criminal defense attorney to assist you. Our office is located for your convenience in downtown Winston-Salem, North Carolina.

EX-WIFE OF FORMER NBA PLAYER IS COMPETENT TO STAND TRIAL FOR HIS MURDER

In 2010, former NBA player Lorenzen Wright was found shot to death in Memphis.  For several years, there were no arrests, and it appeared that this crime would remain unresolved.  However, in December 2017, two people were indicted for his murder.  One of those people was Wright’s ex-wife, Sherra Wright.

After her mental competency was questioned in August 2018, a doctor confirmed has since confirmed that she is competent to stand trial for her charge of first-degree murder.  No trial date has been set.

“How long do I have to settle my personal injury case?”

WINSTON-SALEM PERSONAL INJURY LAWYER – STATUTE OF LIMITATIONS

I often receive phone calls when someone has been injured in an automobile accident in North Carolina and wants to pursue their rights through a  personal injury claim based upon those injuries.  Sometimes, it involves a situation where an insurance adjuster is trying to convince them to settle their personal injury case just days after the accident.  What I realize is that many people have never been involved in a car accident, and therefore they are not aware of all the rights they have with respect to a personal injury case.  One of the most frequently asked questions is the time frame involved with resolving a personal injury case.  Under the law, we refer to this time period as the statute of limitations.  The statute of limitations is a law which refers to the time period or time limit in which a legal action must either be filed or settled for certain types of claims.

For example, in North Carolina the statute of limitations for North Carolina personal injury claims is three years from the date of incident.  For North Carolina wrongful death claims, the statute of limitations is even shorter.  Under North Carolina law, North Carolina wronful death claims have a statute of limitations of two years.

The following hypothetical scenario clarifies the statute of limitations for a North Carolina personal injury claim:

On September 15, 2016, Negligent Ned  runs a red light, colliding into the car being driven by Careful Carla.  As a result of the accident, Carla suffers numerous painful injuries.  Based upon North Carolina law and the statute of limitations for North Carolina personal injury claims, Carla must either file a lawsuit or settle her North Carolina personal injury claim no later than September 15, 2019.  If Carla has not settled her claim by that date or has not filed a lawsuit by September  15, 2019, she will have most likely lost her ability to recover damages for her North Carolina personal injury claim.

If you are injured as a result of an automobile accident, you need an experienced North Carolina personal injury attorney with both the compassion and knowledge to handle your North Carolina personal injury claim.  We will focus on all of the issues that need to be considered for your claim, which allows you to focus on the thing that is most important to us – you getting better and feeling better.  Therefore, if you are are the unfortunate victim of a car accident, and you want to know your rights for a car accident that occurred in Winston-Salem, North Carolina or one of the surrounding counties, you need an experienced an experienced North Carolina personal injury attorney to handle your North Carolina personal injury case.   An experienced Winston-Salem personal injury attorney, with experience in North Carolina personal injury claims and North Carolina personal injury law, will guide you through this process to make sure that all of your rights are being protected and that all of your claims for medical bills, pain and suffering, lost wages, etc.  are being considered and asserted.  Please call us at (336) 725-6559 and schedule a free consultation with a Winston-Salem personal injury lawyer to assist you.  Our office is located for your convenience in downtown Winston-Salem, North Carolina.  However, if your injuries are so severe that you cannot come to our office, please give us a call, and we will come to you.

 

 

 

NASCAR CEO CHARGED WITH DWI AND DRUG POSSESSION

Earlier this week, NASCAR CEO and Chairman Brian France was charged in New York with Driving While Impaired (DWI) and possession of a controlled substance.  According to the police report, France was stopped for failing to stop at stop sign.  The subsequent investigation determined that France was driving in an impaired condition, and a subsequent search resulted in the police discovering France in possession of oxycodone pills.  France’s DWI charge is actually charged as aggravated driving while impaired, and this charge only occurs in New York when an individual’s blood alcohol content is 0.18 or higher.

Both of these charges are pending in New York, but what would happen if France was charged with possession of oxycodone and DWI in North Carolina?  First of all, similar to North Carolina, both of France’s charges would be misdemeanor offenses based upon the facts and circumstances of his case.  In North Carolina, the possession of oxycodone becomes a felony offense when the possession involves more than 100 pills.  France was found in possession of five pills, therefore he would be charged in North Carolina with a class 1 misdemeanor, which carries a maximum punishment of 120 days in jail.  With respect to the  charge of DWI, France’s sentence and judgment would depend on a number of factors.  Most of the time, without some type of grossly aggravating factor, an individual’s first conviction for DWI will not result in an active jail sentence.  However, one of the consequences for a DWI conviction is a one-year suspension of the drivers license, but it is also possible to immediately petition the court for a limited driving privilege on the day of conviction as long as certain requirements are met under North Carolina law.  France, however, was charged with aggravated driving due to what appears to ban alcohol content of 0.18 or higher.  Therefore, under North Carolina law, France would not immediately qualify for a limited driving privilege.  In fact, under North Carolina law, whenever an individual is convicted of DWI with a blood alcohol content of 0.15 or higher, that individual is not allowed to obtain a limited privilege until 45 days after the DWI conviction.  In addition, a blood alcohol content of 0.15 or higher also requires that an interlock device be installed in the vehicle as one of the conditions of obtaining a limited driving privilege.

A Driving While Impaired (DWI) charge is a serious charge with significant penalties and consequences and a lot of issues that must be analyzed and considered.  The investigating officer must have reasonable suspicion to stop your vehicle as well as probable cause to arrest you.  Drug charges are also serious cases with lasting ramifications that can affect you for the rest of your life.  Therefore, if you are charged with Driving While Impaired or a misdemeanor drug charge in Winston-Salem, Forsyth County, North Carolina or one of the surrounding counties, you need an experienced North Carolina DWI attorney and criminal attorney to handle your case.   An experienced Winston-Salem DWI attorney, with experience in North Carolina DWI law and criminal law, will guide you through this process to make sure that all of your rights are being protected and that all of your possible defenses are being asserted.  Please call us at (336) 725-6559 and schedule a free consultation with a Winston-Salem lawyer to assist you.  Our office is located for your convenience in downtown Winston-Salem, North Carolina.