Your Constitutional Rights- A Must See Video For Everyone

When a criminal defense lawyer speaks to a client about their case, they will probably ask the question:
"what did you tell the police." When I was a  prosecutor, I would often have jurors tell me after trial that they could not have found the person guilty without their statements to the police. For example, some will admit the drugs hidden under the seat in a car belonged to them. Similarly, in a domestic violence case the prosecution will often have an uphill battle if not for the statements to the police that the defendant admitted to hitting their spouse.

Why do people admit so much to police? Some don't realize what their constitutional rights are. Simple Justice wrote an informative blog today about asserting your constitutional rights respectfully to a police officer. It also highlighted a great video that everyone should watch- "10 Rules for Dealing with the Police". Any parent with a child going off to college should have their children watch this. If you go to the Cato Institute, you can watch the video for free. It addresses every situation- being pulled over by police for a traffic stop, police trying to search you, your car, your house, and answers questions about criminal investigations in general. 

I believe some people feel the need to vindicate themselves to police officers. It's like being put back in the principal's office in elementary school. Last Monday I was pulled over by a police officer after leaving the Gaston County Courthouse. The state trooper was a man of few words. He walked up to my window and immediately asked for my license and registration. After he spent time examining my documents (by the way in North Carolina you must sign your car registration card in black ink), he finally told me I cut in front of another vehicle. While I totally disagreed with his version, I found myself engaging in a dialog about the events that occurred. I have practiced criminal law my whole career. I have spoke to hundreds of police officers both on the witness stand, off the witness stand and in social settings. I know my rights. I don't have to say anything. However, even I had trouble keeping my mouth shut. I can't complain about the encounter- the trooper didn't cite me for anything, he told me to be careful, but it reminded me of how upsetting it can be to be accused of anything, especially when you did nothing wrong.

I recommend the video. It's worth your time. It's worth your family's time. 

A Charlotte Criminal Attorney's Perspective on Traffic

My criminal law office is in the South Charlotte area. I like it that way- many criminal attorneys in the Charlotte area have their office next door to the courthouse. They prefer that. But I like the fact that my clients can find parking and not have to pay for it. I prefer my rent compared to uptown rent.  Many times my clients never have to see the Mecklenburg or Gaston county courthouse. They prefer a trip to uptown be reserved for a Panther game or a Saturday evening at the Epicenter. They rather a trip to Gaston County be for the Daniel Stowe Botanical Gardens , not the courthouse or my office.

However, occasionally the frustration does set in when I experience the bottleneck of traffic at the I485 and I77.  So my interest was peaked this morning when I saw the article in the Charlotte Observer, Making a case for urban road money, where the Observer reported that the DOT spent an average $3,756 for each North Carolinian during the past 10 years, but $2,967 per person in the most populous county, Mecklenburg. Yet, the county with the fewest people, Tyrrell, got the most road money. The article is worth a read. It is a hot topic- by 9:30AM online comments to the article were increasing.

You can't help but question where all the money goes. As a practicing criminal defense lawyer in the Charlotte area, I know police are still issuing traffic tickets, DUI/DWI arrests still occur on a daily basis, and I see the daily line of people paying their criminal fines at the courthouse. Did you know the minimum fine on a traffic ticket is $130! I'll keep doing my part and keep my clients out of that line. Meanwhile we have traffic bottlenecks, potholes and the Charlotte Observer to stir up the controversy.

Police Questioning- Is That A Skink In Your Pants?

Confused over what you can and cannot bring on your next plane trip? This news goes a bit beyond the 4 ounce plastic bag rule requirements when you go through airport security. MSNBC reported the story about a German man who was caught by officials when he attempted to smuggle 44 small lizards, (hidden in his underwear, while boarding an international flight in New Zealand. Somehow New Zealand wildlife officials managed to find 44 geckos and skinks (a lizard with no neck and small legs) in a handmade sewn package concealed in his underwear. By the way, lizards and skinks do bite....

Calling the case the most "serious case of its kind detected in New Zealand for a decade or more", Department of Conservation prosecutor sought a deterrent sentence. The judge sentenced the defendant to 14 weeks in jail and a $3450 fine.

A Sicilian Man's New Year's Resolution

Too much time with the family this past Christmas and New Year?  I saw this article online at msnbc.com and thought I would start the 2010 blog on a lighter note. Are you familiar with the game 'would you rather'? So, would you rather spend New Years Eve with relatives or spend a night in jail? An Italian man chose the latter.

When faced with the task of spending yet another night with family on New Years Eve, this 35 year old man walked himself into the local police department and asked to be arrested, because he did not want to spend New Years Eve with family. The police told him they could not arrest him because they had no reason to believe he had committed a crime. The man then left the police department and immediately went next door to a cigarette shop. He allegedly threatened the store owner with a box cutter while grabbing some food. He then waited for the police to arrive and was arrested.

While family can be challenging at times, this conduct can rise to the legal definition of a robbery in North Carolina with severe punishment and consequences.  However, it does reach a new level of what people are willing to do to avoid seeing the in-laws...