Criminal Law DWI
Schedule 4
- Xanax - Valium - Clonazepam
Schedule 5
Over the counter cough medicine with DXM
Federal Drug Trafficking: 20 years in prison
- 1,000kg of Marijuana - 2nd Conviction of a 10-20 offense
Federal Drug Trafficking: Up to 10 years in prison
- 500g of Cocaine - 100g of Heroin - 1g LSD - 5g Meth - 50kg of marijuana
Federal Drug Trafficking: 10-20 years in prison
- 5kg of Cocaine - 1kg of Heroin - 10g of LSD - 50g of Meth - 100kg of Marijuana - 2nd conviction of a less than 10 year offense
Schedule 2
- Cocaine - Methadone - Codeine - Hydrocodone - Amphetamines (Ritalin, Adderall) - Fentanyl
Schedule 1
- Heroin - LSD - MDMA (ecstasy, Molly) - Mushrooms - Gamma - Hydroxybutyric Acid
Illegal aliens may be removed (previously called deported) from the U.S. for a variety of reasons. These include:
- Illegal entry (misdemeanor and civil) or reentry (felony, up to 20 years) - Conviction of certain types of crimes - Status as convicted criminal in home country - Overstaying status
Schedule 6
- Marijuana - Peyote
Aggravating Factors of a DWI
- Prior DWI over 7 years ago - License suspended - 0.15 or great BAC - Accident causing property damage - Bad driving record
Grossly Aggravating Factors of a DWI
- Prior DWI within 7 years - Suspended for DWI - Passenger younger than 18 - Accident causing serious injury
Mitigating Factors of a DWI
- Slight impairment (0.08 or 0.09) - Impairment due solely to prescription medications - Safe driving record - Pretrial alcohol treatment
The United States has jurisdictions over the crimes if they are terrorist acts and:
- They occur in the U.S. - They occur outside the U.S. and are committed by a U.S. national - Result in the injury or death of a U.S. national - Damage property owned by the U.S. - Involved damage or destruction of an airplane registered in the U.S.
NC Drug Trafficking: Class D Felony
175 months and a $200,000 fine - 1,000 units of Ecstasy or LSD - 400g of Cocaine - 10,000 pounds of Marijuana
NC Drug Trafficking: Class C Felony
225 months and a $250,000 fine - 28g Heroin/Opium - 400g Methamphetamine
NC Drug Trafficking: Class H Felony
25 months and a $10,000 fine - 28g of Amphetamine - 10 pounds of Marijuana
Immediate License Consequences for a DWI
30 day suspension if 0.08 or more OR 0.01 or more and under 21 (DAC < 21) With blood tests this could be months after the date of the offense License is physically taken for 30 days, even out-of-state licence - 1 year suspension if person refuses to submit to test - Vehicle seized and forfeited for public sale if license already suspended for DWI
NC Drug Trafficking: Class G Felony
35 months and a $25,000 fine - 100 units of Ecstasy/Molly or LSD - 28g of Cocaine - 200g of Amphetamine - 50 pounds of marijuana
Federal Drug Trafficking: Life in Prison
3rd conviction of any of federal drug trafficking charge
NC Drug Trafficking: Class F Felony
70 months and a $50,000 fine - 4g Heroin/Opium - 500 units of Ecstasy or LSAD - 200g Cocaine - 2,000 pounds of marijuana - 28g of Methamphetamine
NC Drug Trafficking: Class E Felony
90 months and a $100,000 fine - 14g Heroin/Opium - 200g Methamphetamine
Sedition
A federal crime directed at persons conspiring to overthrow the U.S. government by violence (active insurrection)
Possession/Threat to use/ Use of Weapon of Mass Destruction
A person who, without lawful authority, uses, threatens, or attempts or conspires to use, a weapon of mass destructions 1.) against a national of the united States while such national is outside of the United States OR 2.) against any person or property within the United States and the mail or any facility of interstate or foreign commerce is used in furtherance of the offense Shall be imprisoned for any term of years or for life. And if death results: shall be punished by death or imprisoned for life
Criminal offenses under the CSA
A.) Possession of a controlled substance B.) Possession with intent to sell/deliver a controlled substance C.) Manufacture or distribution of a controlled substance D.) Trafficking a controlled substance These apply even if the substance delivered is a "simulation" or counterfeit drug 1.) It is thus a violation to agree to deliver a simulated drug represented to be a controlled substance, but was not 2.) Delivered what the defendant believed to be a controlled substance, but was not
International Terrorism
After 9/11, President Bush set up a detention camp at Guantanamo Naval Base, and established Military Commissions to prosecute "unlawful enemy combatants" (non-citizens suspected of terrorist activities) If classified POWs they would have rights under Geneva Convention (no interrogation, humane treatment, IRC access, International Court jurisdiction) US Supreme Court ruled in 2006 that Executive Branch could not establish courts to try non-military individuals, so Congress established identical Military Commissions US Supreme Court ruled in 2008 that because Guantanamo Bay falls under US sovereignty, inmates have rights to Habeas Corpus (meaning periodic detention hearings to prevent indefinite imprisonment) Today still approximately 40 detainees at Guantanamo Bay
Sale or Delivery
Always punished more severely than PWISD Prosecution must actually catch someone in the act of selling and delivering a controlled substance Usually done through controlled meet ups or confidential informants
Habeas Corpus
An order to produce an arrested person before a judge. Latin for "Bring me the body"
Direct Contempt
Any action constituting contempt done in the presence of a court is direct contempt Any court may use the sanction of immediate punishment, including fines or jail sentences, for direct contempt Federal court: up to 6 months per incident State Court: up to 30 days per incident
Indirect Contempt
Any actions constituting contempt outside the court are indirect contempt Indirect contempt must be prosecuted as any other crime Example: notice, hearing, witnesses
Weight
Any mixture or derivative of
Street/Highway
Any road maintained for traffic, paved or unpaved
Contempt
Any willful violation of an order of the court If the order violated is intended for the benefit of the person, such as a party to a law suit, seeks compliance with the order it is civil contempt (arises often in family court) If the order exists for the protection of the court, such as introducing false evidence, it is criminal contempt Criminal contempt results in punishment of the offender Criminal contempt charges may be brought by an individual to punish one who has violated a court order in favor of that individual
Drug Paraphernalia
Anything used to sotre, grow, cultivate, separate, use, ingest, weigh, prepare for use of a controlled substance IF there is evidence of intent to so use it Proximity of drugs is most common evidence used to prove intent Possession and sale of DUAL USE materials (rolling papers, baggies, black lights, digital scales) are not illegal BUT if used in an illegal drug sale or use, they are illegal Paraphernalia that has only a single use with illegal drugs (single use) is illegal to possess or sell even if the defendant did not have an intent to use it (freebase kit) Where the item has a "dual use" convictions require a showing that a seller knew or should have known that the primary use was with illegal drugs
Public Vehicular Area (PVA)
Area used by the public for vehicular traffic at any time Does not include driveways/parking areas on private property not used as business or generally open to the public; or private parking areas specifically posted Examples include: - Beaches generally open to the public for parking/traffic - Roads within a gated community (since 2007)
Marijuana
As a schedule VI drug, marijuana is regarded by some as having a recognized medical use A few states have legalized medical so long as used pursuant to a valid prescription, and some have now legalized recreational use. While the federal government may prosecute persons in possession of marijuana within states who have a medical use exception, it has (so far) signaled it won't do so States making marijuana legal will not protect users from federal prosecutions under federal laws
Constructive Possession
Aware of its presence and intend to control its disposition or use
Crimes by Officials
Because of their official capacity, government officials have the ability to commit many crimes private citizens would not normally commit. These include - Bribery and extortion - Subornation of Perjury and obstruction of Justice by Officials: police, prosecutors, or other court officials have the ability to commit this crime (so do executives in government, example: Watergate) - Tampering with evidence or withholding exculpatory evidence: While private persons can commit this crime, many officials have control of evidence and can thus tamper with that evidence (Durham police sgt. and DA in Duke Lacrosse case)
corpus delicti
Body of the crime
Terrorism (Class B1 felony)
Commits an act of violence (includes murder, manslaughter, kidnapping, threat or use of a weapon of mass destruction) with intent to a.) intimidate the civilian population at large, or an identifiable group of the civilian population OR b.) influence, through intimidation, a government's conduct or activities
Any Impairing Substance
Controlled or not Examples: alcohol, Nyquil, prescription medicine, etc.)
Religious exemptions
Controlled substances may be used in religious ceremonies If that drug use has a "sincere" role in a religious ceremony, the 1st amendment requires Congress or the state to show some compelling interest in banning its use, beyond the simple fact the drug is a controlled substance Congress (and the states) have passed statutes exempting specific drugs from the CSA in specific circumstances Example: Peyote used in Indian religious ceremonies
Treason
Crime defined in Constitution Art. III 3: "treason against the United States shall consist only in levying War against them, or, adhering to their enemies, giving them Aid and comfort. No person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open court
Sabotage
Destroying, damaging, or defectively producing material with specific intent to impede nation's ability to prepare or participate in war or national defense
Vehicle
Every device which may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon rails or tracks - Bicycles are vehicles, but not skateboards - Motorized scooters are vehicles, but not regular scooters - Segways are vehicles, as are tractors and riding lawnmowers - Horses are now specifically excepted (not included) - Does not include mobility impairment devices limited by design to 15 miles per hour when operated by a person with a mobility impairment using the device for mobility enhancement
DWI/DUI/OUI/OWI
Every state has a law against driving under the influence. There is little practical difference among DWI (driving while impaired), DUI (driving under the influence), OUI (operating under the influence), and OWI (operating while impaired) In every state, a conviction results in a license suspension and 49 states participate in the National Driving Registry Every state has "implied consent" laws requiring consent to submit to blood/breath/urine tests as a condition for driving on state's roads
Alcohol
Every state has many criminal laws aimed at the unauthorized sale of alcohol, typically by or to minors Many states make these strict liability crimes, in the sense that a sale of alcohol to a minor is a crime even if the seller believed the minor to be of age (in NC, it is a defense if the underage buyer presented a realistic-looking ID/DL) In NC, it is illegal to possess or consume alcohol < 21 (Class 1 misdemeanor if 16-18, Class 3 if 19 or 20) Consumption cannot by law be proven by odor alone, so the prosecution must present evidence of either (1) admission of drinking or (2) breath-test result Note: NC PBT (portable breath test) statute only requires someone to blow if they are driving, so there is no legal way a LEO can compel a breath test if they are not investigating you for DWI.
Possession/Use of a Weapon of Mass Destruction
F Felony Includes bombs, grenades, mines, fully-atomatic weapons, sawed-off shotguns (less than 18 inch barrel or less than 26 inches in length), anything with explosive/incendiary charge greater than 1/4 of an ounce.
Controlled Substances Act (CSA)
Federal and state law on crimes related to illegal drugs The U.S. Congress and every state legislature ahve adopted this Act, with a few changes Illegal drugs are listed by schedules I - VI, ranging from drugs with high potential for abuse and no medical uses to drugs with low potential for abuse and accepted medical benefits. Schedule I is punished most severely Schedule VI is punished the least
Domestic Terrorism
Federal law defines "domestic terrorism" as: - Acts that are dangerous to or threaten human life - Are a violation of federal or state criminal laws - Are intended to (1) intimidate or coerce a civilian population, or (2) intimidate or affect the conduct of a government - Occur within the jurisdiction of the U.S.
Over 1.5 ounces of marijuana in North Carolina is a _____________
Felony
False Bomb Report
H Felony Reporting a bomb and causing a panic when the defendant knows that there is not one
North Carolina DWI
In NC, a person is guilty of DWI if they: 1.) operates 2.) a vehicle 3.) on a street/highway/Public Vehicular Area 4.)while under the influence of an impairing substance OR with a 0.08 blood alcohol concentration a relevant time after driving OR with any schedule 1 controlled substance in system
Immigration Crimes
Many immigration crimes are really just failure of an illegal alien to comply with immigration laws on entry or continued stay in the US Federal Immigration crimes can be civil, resulting only in removal (deportation) and others carry prison sentences (Examples: forging entry papers, harboring illegal aliens, illegal re-entry, etc.) Criminal convictions (state or federal) resulting in an order of removal: - crimes of moral turpitude - crimes involving controlled substances - aggravated felonies
While Under the Influence
Mental or physical faculties are noticeably abnormal - Driving issues (weaving, swerving, slow to pull over) - Physical appearance (eyes, face) - Speech (slurred, unclear) - Balance and coordination (walking, standing, field sobriety tests) - Mental faculties (retrieving license)
Possession with intent to sell and distribute (PWISD)
No matter the schedule, this is always a felony in NC Evidence used to prove it: - Typically high amounts of cash - Digital scales - Large amounts of drug packaged into dosage units - Testimony of cooperating state's witness
Constitutional Requirements for DWI arrests
Officer must have "reasonable articulable suspicion" driver has committed an offense Exception: checkpoints conducted according to specific guidelines After stop, officer must have probable cause to be able to arrest Search warrant required to draw blood without consent
Actual Possesion
Physically possessing the controlled substance
PBT
Portable Breath Tester Admissible for positive/negative only Due to margin of error: device usually must read well above 0.08 to get guilty conviction
North Carolina Possession Punishments
Possession of a Schedule 1 = Felony Possession of Schedule 2 = Felony/Misdemeanor Possession of Schedule 3-6 = Misdemeanor Federal: Simple possession of Any Schedule = Felony
Obstruction of Justice
Requires a showing the defendant willfully took actions intended to "hinder or impede" the functioning of the legal system (example: Johnston County DWI dismissals)
Schedule 3
Steroids
Financial Transactions for Terrorism
The U.S. has various federal criminal laws aimed at financing terrorists These laws are aimed at persons or entities who: - Engage in transactions with foreign nations who support terrorism (Congress or the Executive department may designate countries that support terrorism, e.g. Iran or Libya) - Support terrorism - Give material support, including donations, to organizations that support terrorism
Espionage
To collect or transmit information with specific intent to damage the US or assist any foreign nation in doing so.
Operating
While in actual physical control of a vehicle - Courts have held this means means at a minimum in driver's seat with the engine running Difficult to prove after a wreck because of corpus delicti (body of the crime) - Requires other evidence (car owner, keys, injuries, admissions, etc)
Tax Evasion
Willful failure to file a tax return is a crime Failure to report income can be either a crime punished by prison, or only the occasion for money penalties, depending on the amount of undeclared income and its percentage of total income
Driving Act of Consuming under 21
Zero tolerance or "baby DUI" for when someone under 21 drives with at least 0.01 blood alcohol concentration
