Author Archives: Damon Chetson

Damon Chetson is a criminal defense lawyer practicing criminal defense law in the Research Triangle (Raleigh, Durham, Cary, Apex, and surrounding communities) in North Carolina. He provides aggressive criminal defense for clients charged with serious felonies, misdemeanors, and traffic (DUI, drunk driving, DWI) offenses. He can be reached by calling (919) 352-9411 anytime weekdays, evenings, weekends or Holidays or by email at damon@chetson.com.

Can Police Stop a Vehicle for a Broken Brake Light?

The answer is: it depends. If both brake lights are out, then the car is violation of NC motor vehicle law, and a police officer may stop the vehicle. But if just one brake light is out, and nothing else unusual is observed about the vehicle or the driving, a police officer may not stop…

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Definition of Probable Cause in North Carolina

Probable causeProbable cause is the standard of proof that justifies the arrest (or indictmentAn indictment is a finding by a grand jury that there is probable cause to believe the defendant committed a crime. An indictment is not a finding of guilt. An indictment, rather, is a method by which a prosecutor moves a case…

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Working on a Felony Drug Contract

Someone recently asked me: I sold marijuana to an “informant” twice. The second time I was brought in by police and offered a deal to become an confidential informant. I was told if I brought in 5 controlled drug buys. My first buy went bad, and the cops ended up revealing my cover. After that…

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Vehicle Seizure and North Carolina DWI Cases

North Carolina law allows police to seize vehicles in a number of circumstances, including if you’ve been convictedA conviction is a formal finding by a court – either following a trial by a judge or jury or following the entry of a pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant…

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Tuck in Your Shirt! Criminal Contempt in NC District Courts

Judges in North Carolina, whether they are District CourtDistrict Court is the lower of two levels of trial court in North Carolina. Misdemeanors begin (and can be resolved) in District Court. Most felonies also begin in District Court, but only Class H and Class I felonies may be resolved in District Court. or Superior CourtSuperior…

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First Degree Burglary in North Carolina

We’re approaching that time of year when the weather starts to get a little nicer (although this year has been a very mild winter in Raleigh!) Around this time, people start coming out of their homes to enjoy the weather, to have fun, and to hang out with friends. And each spring in Wake County…

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The State’s Use of Appeal and MAR in District Court

When a judge renders a judgment in District CourtDistrict Court is the lower of two levels of trial court in North Carolina. Misdemeanors begin (and can be resolved) in District Court. Most felonies also begin in District Court, but only Class H and Class I felonies may be resolved in District Court., a Defendant has…

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Miranda and the Nexus Between a Confession and a Coercive Interrogation

In Bobby v. Dixon: Archie Dixon and Tim Hoffner murdered Chris Hammer in order to steal his car. Dixon and Hoffner beat Hammer, tied him up, and buried him alive, pushing the struggling Hammer down into his grave while they shoveled dirt on top of him. Dixon then used Hammer’s birth certificate and social security…

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Confrontation Clause: Right to Confront

Testimonial statements may not be admitted at trial if the witness is unavailable and the defendant has not had an adequate prior opportunity to cross-examine the witness. Such statements would violate the defendant’s Confrontation Clause rights if admitted at trial. What constitutes an adequate prior opportunity to cross examine? In State v. Ross, the Defendant…

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Is Running from the Police Unlawful?

What if the officer has no suspicion of criminal activity, but the officer observes a person and tells him to stop. The person takes off running. Has the person committed a crime of Resist, Delay, and Obstruct? In State v. White, officers received a report of loud music in a high crime area: The State’s…

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