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	<title>the chetson firm, pllcCriminal Defense Lawyer Raleigh | The Chetson Firm, PLLC &#8211; Aggressive, Professional Raleigh Criminal Lawyer</title>
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	<link>http://www.chetson.com</link>
	<description>A caring Raleigh Criminal Lawyer who aggressively defends people in state and federal courts accused of serious felonies, misdemeanors, and Driving While Impaired charges.</description>
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		<title>Stop Snitching?  Could be a Class G Felony!</title>
		<link>http://www.chetson.com/2011/07/stop-snitching-could-be-a-class-g-felony/</link>
		<comments>http://www.chetson.com/2011/07/stop-snitching-could-be-a-class-g-felony/#comments</comments>
		<pubDate>Wed, 13 Jul 2011 18:38:11 +0000</pubDate>
		<dc:creator>Damon Chetson</dc:creator>
				<category><![CDATA[Criminal Defense Lawyer Raleigh]]></category>
		<category><![CDATA[raleigh criminal]]></category>

		<guid isPermaLink="false">http://www.chetson.com/?p=2838</guid>
		<description><![CDATA[Intimidating a witness interferes with the judicial process, which is designed to get get at the truth. Until this year, North Carolina punished Witness Tampering as a Class H felony. This year, North Carolina&#8217;s General Assembly decided that that punishment was not enough, and has now raised the punishment to a Class G Felony.]]></description>
			<content:encoded><![CDATA[<p>Intimidating a witness interferes with the judicial process, which is designed to get get at the truth. Until this year, North Carolina punished Witness Tampering as a Class H felony.</p>
<p>This year, North Carolina&#8217;s General Assembly decided that that punishment was not enough, and has now raised the punishment to a Class G Felony.  </p>
<hr>Raleigh DWI lawyer Damon Chetson defends people charged with felonies, misdemeanors, traffic and DWI charges in Raleigh, Cary, Apex, and Chapel Hill, NC. Durham DWI lawyer Damon Chetson also defends people charged with crimes in Durham, Chatham, and Harnett Counties.  We are available day or night, weekdays or weekends. Call The Chetson Firm for a free consultation (919) 352-9411.
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		<title>Tax Implications of an Embezzlement Raleigh</title>
		<link>http://www.chetson.com/2010/06/tax-implications-of-an-embezzlement-raleigh/</link>
		<comments>http://www.chetson.com/2010/06/tax-implications-of-an-embezzlement-raleigh/#comments</comments>
		<pubDate>Thu, 24 Jun 2010 15:55:03 +0000</pubDate>
		<dc:creator>Damon Chetson</dc:creator>
				<category><![CDATA[Criminal Defense Lawyer Raleigh]]></category>
		<category><![CDATA[Criminal Defense Lawyer]]></category>
		<category><![CDATA[criminal lawyer apex]]></category>
		<category><![CDATA[criminal lawyer cary]]></category>

		<guid isPermaLink="false">http://www.chetson.com/?p=1782</guid>
		<description><![CDATA[Embezzlement can have multiple different aspects. First, there is the harm caused to the victim &#8211; employer, owner, company, corporation, state agency &#8211; caused by the embezzlement Raleigh. Second, there is the loss of trust. Because embezzlement occurs where one person has been entrusted with assets &#8211; money, goods, accounts, credit cards &#8211; the theft...]]></description>
			<content:encoded><![CDATA[<p>Embezzlement can have multiple different aspects.  First, there is the harm caused to the victim &#8211; employer, owner, company, corporation, state agency &#8211; caused by the embezzlement Raleigh.</p>
<p>Second, there is the loss of trust.  Because embezzlement occurs where one person has been entrusted with assets &#8211; money, goods, accounts, credit cards &#8211; the theft of  those goods will cause sometimes irreparable harm to the relationship, and this can be most damaging where   there was a friendship.</p>
<p>Third, embezzlement results in a gain to the person who has committed the crime.</p>
<p>There are civil and criminal aspects to embezzlement.  The person who has Raleigh embezzled may be required to pay back the amount owed.  This can be done if the person who has embezzled Raleigh has been sued in a civil court.</p>
<p>Second, there is the criminal aspect to a Raleigh embezzlement.  As I&#8217;ve discussed elsewhere, embezzlement is a felony &#8211; regardless of the amount taken &#8211; in North Carolina.</p>
<p>Third, there are the tax implications.  If a large amount has been taken, and not repaid, and not reported on taxes, there may be tax violations that also stem from the the alleged illegal conduct.</p>
<p>If you want to talk to a lawyer about how you can avoid criminal liability from a Raleigh embezzlement or North Carolina embezzlement charge, feel free to contact me.</p>
<hr><a href="http://www.chetson.com">Raleigh criminal lawyer</a> Damon Chetson defends people charged with felonies, misdemeanors, traffic and DWI charges in Raleigh, Cary, Apex, and Wake County, NC. Durham Criminal Lawyer Damon Chetson also represents people charged in Wake County, Durham County, Orange County and Chatham County.  The Chetson Firm is available day or night, weekdays or weekends. Call day or night for a free consultation (919) 352-9411.
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		<title>Domestic Violence Lawyer Raleigh: Handling Simple Assaults, Assaults on a Female</title>
		<link>http://www.chetson.com/2010/06/domestic-violence-lawyer-raleigh-handling-simple-assaults-assaults-on-a-female/</link>
		<comments>http://www.chetson.com/2010/06/domestic-violence-lawyer-raleigh-handling-simple-assaults-assaults-on-a-female/#comments</comments>
		<pubDate>Thu, 17 Jun 2010 15:00:57 +0000</pubDate>
		<dc:creator>Damon Chetson</dc:creator>
				<category><![CDATA[Criminal Defense Lawyer Raleigh]]></category>
		<category><![CDATA[27512]]></category>
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		<category><![CDATA[raleigh criminal lawyer]]></category>

		<guid isPermaLink="false">http://www.chetson.com/?p=1758</guid>
		<description><![CDATA[A Domestic Violence crime is specially handled in Wake County, North Carolina. A domestic violence crime may involve a charge of simple assault, assault on a female (AOF), communicating threats, or interfering with emergency communications. It may also include damage to personal property, and even more serious charges. If you are charged with a domestic...]]></description>
			<content:encoded><![CDATA[<p>A Domestic Violence crime is specially handled in Wake County, North Carolina.  A domestic violence crime may involve a charge of simple assault, assault on a female (AOF), communicating threats, or interfering with emergency communications.  It may also include damage to personal property, and even more serious charges. If you are charged with a domestic violence crime in Raleigh, you certainly need to talk to a competent and understanding domestic violence lawyer Raleigh.</p>
<p>That&#8217;s because these cases are generally handled in a special courtroom, where special practices are used.  In addition, because Domestic Violence cases involve special <span class="domtooltips">pre-trial release<span class="domtooltips_tooltip" style="display: none">Pre-trial release is a program where people with limited or no criminal records may be released from jail pending resolution of their case. PTR usually requires regular check-ins with a case worker.</span></span> rules, you may be held in <span class="domtooltips">custody<span class="domtooltips_tooltip" style="display: none">Custody is a general term used describe a condition where an individual does not feel free to leave, as the result of a show of police authority.  A person in custody must be read his Miranda rights before being questioned by police.  Custody includes arrest, but may be broader than arrest.</span></span> for an entire weekend or more before you are released.</p>
<p>In addition, it&#8217;s important that at the time you appear at your First Appearance hearing you have an attorney present.  That&#8217;s because you want to make sure you are released on as few conditions as possible.  And, if there are children involved, you want to make sure that any &#8220;no contact&#8221; orders allow you to remain involved with your children.</p>
<p>In addition, there may be other aspects to your case &#8211; including a divorce, pending divorce, property disputes, or a civil 50B protective order &#8211; that you need to have handled.  By hiring a lawyer who can look out for all your interest, you can ensure that your case is properly handled with as few problems as possible.</p>
<p>Finally, if you are a man and accused of striking a woman, you will be charged with an Assault on a Female.  An assault on a female <span class="domtooltips">conviction<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges.

An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt.</span></span> is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges.

An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt.</span></span> - of guilt.</span></span> means that you may never possess a gun or ammunition again in your life.  If you hunt, this will have life-changing implications for you.</p>
<p>Make sure that you consult with a Raleigh   lawyer about these very serious charges.</p>
<hr>Wake County lawyer Damon Chetson helps people accused of serious felonies, misdemeanors, drug charges, DWI and traffic offenses in Raleigh, Apex, Chapel Hill, and Cary, NC. Chapel Hill lawyer Damon Chetson also represents people charged with felonies and criminal charges in Raleigh, Cary, Apex, Chapel Hill, and Durham, North Carolina. Our lawyers are available day or night, weekdays or weekends. Call (919) 352-9411 for a free consultation.
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		<title>Criminal lawyer Raleigh San Francisco DA on the Verge of Mass Dismissals</title>
		<link>http://www.chetson.com/2010/04/criminal-lawyer-raleigh-san-francisco-da-on-the-verge-of-mass-dismissals/</link>
		<comments>http://www.chetson.com/2010/04/criminal-lawyer-raleigh-san-francisco-da-on-the-verge-of-mass-dismissals/#comments</comments>
		<pubDate>Thu, 01 Apr 2010 23:08:25 +0000</pubDate>
		<dc:creator>Damon Chetson</dc:creator>
				<category><![CDATA[Criminal Defense Lawyer Raleigh]]></category>
		<category><![CDATA[Criminal Lawyer Raleigh]]></category>
		<category><![CDATA[Raleigh Criminal Lawyer Advice]]></category>
		<category><![CDATA[criminal lawyer cary]]></category>

		<guid isPermaLink="false">http://www.chetson.net/?p=943</guid>
		<description><![CDATA[News out of San Francisco that the District Attorney may dismiss hundreds of cases because of problems with the local crime lab:
San Francisco prosecutors told judges Friday that they could not &#8220;ethically go forward&#8221; with 46 narcotics trials because of evidence problems arising out of the scandal at the Police Department&#8217;s drug lab &#8211; signaling [...]]]></description>
			<content:encoded><![CDATA[<p>News out of San Francisco that the <span class="domtooltips">District Attorney<span class="domtooltips_tooltip" style="display: none">A District Attorney is the represented of the State, usually elected by the people of a judicial district, to prosecute crimes on behalf of the State. The Wake County District Attorney is Colon Willoughby, Jr.

A District Attorney usually has a staff, including assistant district attorneys who are the actual prosecutors who handle most of the day-to-day caseload.</span></span> may dismiss hundreds of cases because of problems with the local crime lab:</p>
<blockquote><p>San Francisco prosecutors told judges Friday that they could not “ethically go forward” with 46 narcotics trials because of evidence problems arising out of the scandal at the Police Department’s drug lab – signaling that the <span class="domtooltips">district attorney<span class="domtooltips_tooltip" style="display: none">A District Attorney is the represented of the State, usually elected by the people of a judicial district, to prosecute crimes on behalf of the State. The Wake County District Attorney is Colon Willoughby, Jr.

A District Attorney usually has a staff, including assistant district attorneys who are the actual prosecutors who handle most of the day-to-day caseload.</span></span> is likely to dismiss nearly all 750 pending drug cases in the city.</p></blockquote>
<p>North Carolina and Wake County have had their own problems.  Recent revelations that the bench notes had not been released in the Greg Taylor case have spurred a review of the <span class="domtooltips">State Bureau of Investigation<span class="domtooltips_tooltip" style="display: none">The SBI, based in Garner, is North Carolina's version of the FBI.  It has a crime lab, and agents who conduct investigations usually of state-wide importance.  The SBI is operated under the auspices of the NC Department of Justice.</span></span> crime lab.</p>
<p>Damon Chetson is a <a href="http://www.chetson.com">criminal lawyer Raleigh</a> who helps people charged with serious felonies, misdemeanors, and <span class="domtooltips">DWI<span class="domtooltips_tooltip" style="display: none">A DWI is a Driving While Impaired offense.  It is more commonly referred to as drunk driving.  In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used.  North Carolina's DWI is a misdemeanor, punishable by up to three years in jail.</span></span>/DUI charges in   state and federal courts in North Carolina.  He can be reached day or night at (919) 352-9411.</p>
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		<title>Criminal lawyer Raleigh The Death Penalty in America</title>
		<link>http://www.chetson.com/2010/03/criminal-lawyer-raleigh-the-death-penalty-in-america/</link>
		<comments>http://www.chetson.com/2010/03/criminal-lawyer-raleigh-the-death-penalty-in-america/#comments</comments>
		<pubDate>Tue, 30 Mar 2010 16:09:27 +0000</pubDate>
		<dc:creator>Damon Chetson</dc:creator>
				<category><![CDATA[Criminal Defense Lawyer Raleigh]]></category>
		<category><![CDATA[Criminal Lawyer Raleigh]]></category>
		<category><![CDATA[Raleigh Criminal Lawyer Advice]]></category>
		<category><![CDATA[criminal lawyer cary]]></category>

		<guid isPermaLink="false">http://www.chetson.net/?p=952</guid>
		<description><![CDATA[Like many defense attorneys, I am opposed to the death penalty.  But unlike, many defense attorneys, I am not opposed to the death penalty because I think it&#8217;s immoral.  I&#8217;m opposed to the death penalty because I think &#8211; as with most government programs &#8211; it is open to corruption and errors that [...]]]></description>
			<content:encoded><![CDATA[<p>Like many defense attorneys, I am opposed to the death penalty.  But unlike, many defense attorneys, I am not opposed to the death penalty because I think it’s immoral.  I’m opposed to the death penalty because I think – as with most government programs – it is open to corruption and errors that have horrible consequences.</p>
<p>It’s clear that innocent people have been executed, whether because of prosecutorial misconduct or because of scientific error or coerced “confessions” or because defense lawyer incompetence.  The question is why do we permit the death penalty given   the chance for error.</p>
<p>The reason is that in the United States being “tough on crime” is synonymous with being pro-death penalty.</p>
<p><a href="http://yglesias.thinkprogress.org/archives/2010/03/executions-in-2009.php">Last year China executed more people than all the rest of the world combined.</a> But the United States was the only country in the Americas that executed anyone.  That includes countries like Cuba, which are dictatorships.</p>
<p>As the saying goes, you’re judged by the company you keep.</p>
<hr><a href="http://www.chetson.com">Raleigh criminal lawyer</a> Damon Chetson helps individuals charged with crimes - misdemeanors, felonies, and DWI and traffic charges - in Raleigh, Cary, Apex and other communities in Wake County and the Research Triangle of North Carolina. Durham DWI lawyer Damon Chetson also represents people throughout the Research Triangle.  We are available day or night, weekdays or weekends. Call (919) 352-9411 day or night.
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		<title>When is a Willful Breath Refusal not Willful in NC DWI Law?</title>
		<link>http://www.chetson.com/2010/03/what-happens-if-you-refuse-a-dwi-breathalyzer/</link>
		<comments>http://www.chetson.com/2010/03/what-happens-if-you-refuse-a-dwi-breathalyzer/#comments</comments>
		<pubDate>Thu, 25 Mar 2010 01:18:16 +0000</pubDate>
		<dc:creator>Damon Chetson</dc:creator>
				<category><![CDATA[Criminal Defense Lawyer Raleigh]]></category>
		<category><![CDATA[Criminal Lawyer Raleigh]]></category>
		<category><![CDATA[Raleigh Criminal Lawyer Advice]]></category>
		<category><![CDATA[cr]]></category>
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		<guid isPermaLink="false">http://www.chetson.net/?p=923</guid>
		<description><![CDATA[When is a refusal not a refusal?  Under North Carolina&#8217;s implied consent laws, anyone driving on the roads of North Carolina &#8220;consents&#8221; to a breathalyzer or blood examine if an officer has reason to believe the person has been driving while impaired. 
If someone &#8220;willfully refuses&#8221; to submit to a test, the person has [...]]]></description>
			<content:encoded><![CDATA[<p>When is a breathalyzer refusal not a breathalyzer refusal?  Under North Carolina’s implied consent laws, anyone driving on the roads of North Carolina “consents” to a breathalyzer or blood examine if an officer has reason to believe the person has   been driving while impaired.</p>
<p>If someone “willfully refuses” to submit to a test, the person has violated the implied consent law and the person’s license will be revoked for a year.  During the first six months of the revocation, the person is not eligible to get limited driving privileges.  The person has no right to drive on North Carolina’s roads at all.</p>
<p>But what happens if a person is short of breath?  The person attempts to blow into the machine, but nerves, or shortness of breath result in a failed breath test.  Has the person earned a “refusal”?  In many Raleigh <span class="domtooltips">DWI<span class="domtooltips_tooltip" style="display: none">A DWI is a Driving While Impaired offense.  It is more commonly referred to as drunk driving.  In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used.  North Carolina's DWI is a misdemeanor, punishable by up to three years in jail.</span></span> cases, the chemical analyst or arresting officer will mark the person as a “refusal” even though the person did not refuse!</p>
<p>In these cases, it is worthwhile to demand a hearing before a DMV hearing officer.  At this hearing, you may be able to argue that the statute required you to willfully submit to a breath test, and that you did submit.  The statute does not require that you actually produce a successful result.</p>
<p>However, it&#8217;s also important to remember that a willful refusal may not be willful at all.  In other words, case law allows a chemical analyst to claim someone has willfully refused even where they might have a medical condition or a spasm that prevents them from supply a breath sample.</p>
<p>The burden then shifts to the driver to &#8220;prove&#8221; that a medical condition, and not a decision not to take the breath test, resulted in the &#8220;refusal.&#8221;</p>
<hr><a href="http://www.chetson.com">Raleigh criminal lawyer</a> Damon Chetson helps individuals charged with crimes - misdemeanors, felonies, and DWI and traffic charges - in Raleigh, Cary, Apex and other communities in Wake County and the Research Triangle of North Carolina. Durham DWI lawyer Damon Chetson also represents people throughout the Research Triangle.  We are available day or night, weekdays or weekends. Call (919) 352-9411 day or night.
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		<title>A Brief Overview of Attorney-Client Confidentiality</title>
		<link>http://www.chetson.com/2010/03/nc-criminal-lawyer-attorney-client-confidentiality/</link>
		<comments>http://www.chetson.com/2010/03/nc-criminal-lawyer-attorney-client-confidentiality/#comments</comments>
		<pubDate>Tue, 16 Mar 2010 04:32:32 +0000</pubDate>
		<dc:creator>Damon Chetson</dc:creator>
				<category><![CDATA[Apex Criminal Lawyer]]></category>
		<category><![CDATA[Cary Criminal Lawyer]]></category>
		<category><![CDATA[Criminal Defense Lawyer Raleigh]]></category>
		<category><![CDATA[Raleigh Criminal Lawyer]]></category>
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		<category><![CDATA[Raleigh Traffic Lawyer]]></category>
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		<guid isPermaLink="false">http://www.chetson.net/?p=913</guid>
		<description><![CDATA[Things you say to a non-lawyer may be used against you in a court of law.  In particular, things you say to friends, to loved ones (depending on the relationship), to colleagues, to police, to investigators, to co-defendants, to conspirators, to enemies, etc.  can and most probably will be used against you in [...]]]></description>
			<content:encoded><![CDATA[<p>Things you say to a non-lawyer may be used against you in a court of law.  In particular, things you say to friends, to loved ones (depending on the relationship), to colleagues, to police, to investigators, to co-defendants, to conspirators, to enemies, etc.  can and most probably will be used against you in a court of law.</p>
<p>Most people know about the Hearsay Rule.  The Hearsay Rule means that stuff said out of court is not admissible in court to prove the truth of the matter.  This means that in general, much of what is said out of court can’t be used against you.</p>
<p>But there’s a big, gaping loophole.  And that’s an admission by you, the defendant.  Statements by you outside of court can be used against you in court.  Those are not considered “hearsay” and therefore are admissible.</p>
<p>However, things you say to a criminal lawyer are strictly confidential.  If you ask your best friend for advice by saying, I did “X, Y, and Z. What do you think I should do?” you are in a world of trouble. That friend can be called as a witness and compelled to testify about what you said to him.  What you said is not hearsay, and it’s not protected by confidentiality rules.</p>
<p>You can confide in an attorney. There are   only a few exceptions to the confidentiality rule.  A lawyer may not keep confidential any plans you have to commit future crimes.  For instance, if you come to me and say, “I’m going to rob Bank of America tomorrow, how can I do it without getting caught” and I believe you will rob Bank of America, I am compelled to tell authorities.  However, if you come to me and say, “Last Thursday I robbed Bank of America. No one knows it was me because I wore a mask. What can I do to avoid going to <span class="domtooltips">prison<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the <span class="domtooltips">Department of Corrections<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the Department of Corrections in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of Prisons in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span> in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of Prisons in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span>?” I must keep that confidential because it was a crime in the past, and I can advise you about how to protect yourself.</p>
<p>The attorney-client confidentiality rules mean that if you talk to a criminal lawyer about your case, the criminal lawyer can advise you, and can’t tell anyone about what you told him.  In addition, a criminal lawyer will get into serious trouble if he ever reveals what you told him to another person.  An attorney-client confidentiality means that an attorney can give advice based on knowing everything about your case and situation.</p>
<hr>If you're in need of a tough, experienced Raleigh, Cary or Apex criminal lawyer, call our offices day or night.  The Chetson Firm represents individuals charged throughout the Research Triangle - Wake, Durham, Orange, and Chatham counties. Call anytime - (919) 352-9411 - weekdays, weekends, evenings or holidays.
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		<title>Confrontation Clause and DWI Cases – Melendez-Diaz v. Massachusetts</title>
		<link>http://www.chetson.com/2010/03/confrontation-clause-and-dwi-cases-%e2%80%93-melendez-diaz-v-massachusetts/</link>
		<comments>http://www.chetson.com/2010/03/confrontation-clause-and-dwi-cases-%e2%80%93-melendez-diaz-v-massachusetts/#comments</comments>
		<pubDate>Mon, 15 Mar 2010 00:17:31 +0000</pubDate>
		<dc:creator>Damon Chetson</dc:creator>
				<category><![CDATA[Criminal Defense Lawyer Raleigh]]></category>
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		<guid isPermaLink="false">http://www.chetson.net/?p=895</guid>
		<description><![CDATA[For years North Carolina, like many states, permitted the State to introduce the results of a DWI defendant&#8217;s breath test.  That meant that the Defendant&#8217;s attorney would have no opportunity to question the breath analyst on the stand about the procedure used, whether the breath analyst was certified at the time the test was [...]]]></description>
			<content:encoded><![CDATA[<p>For years North Carolina, like many states, permitted the State to introduce the results of a <span class="domtooltips">DWI<span class="domtooltips_tooltip" style="display: none">A DWI is a Driving While Impaired offense.  It is more commonly referred to as drunk driving.  In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used.  North Carolina's DWI is a misdemeanor, punishable by up to three years in jail.</span></span> defendant’s breath test.  That meant that the Defendant’s attorney would have no opportunity to question the breath analyst on the stand about the procedure used, whether the breath analyst was certified at the time the test was given, and whether all the rules and regulations were followed.</p>
<p>In June of 2009, the United States Supreme Court handed down the landmark <a href="http://scholar.google.com/scholar_case?case=7136706767059629384&amp;q=melendez-diaz+v.+massachusetts&amp;hl=en&amp;as_sdt=40000000002">Melendez-Diaz v. Massachusetts</a> case, which turns on the Confrontation Clause of the Sixth Amendment which permits defendants to question all accusers at trial.</p>
<p>The Supreme Court ruled   that it’s insufficient for the state merely to provide an affidavit.  The state, in order to introduce evidence such as the results of lab tests, must provide the actual analyst so that the Defendant can have an opportunity to cross-examine the analyst.</p>
<hr>Damon Chetson is a North Carolina Lawyer. He practices in Raleigh, Apex, and Cary, North Carolina.  He also defends individuals charged with crimes throughout the Research Triangle. He works hard to defend his clients' rights. He represents people charged in all parts of the Research Triangle.  If you're looking for a lawyer in Raleigh or Wake County, NC, you can call the us for a free consultation at (919) 352-9411 weekdays, evenings, weekends, and Holidays.
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		<title>What is Possession of Drug Paraphernalia</title>
		<link>http://www.chetson.com/2010/03/what-is-possession-of-drug-paraphernalia-2/</link>
		<comments>http://www.chetson.com/2010/03/what-is-possession-of-drug-paraphernalia-2/#comments</comments>
		<pubDate>Sat, 13 Mar 2010 14:04:54 +0000</pubDate>
		<dc:creator>Damon Chetson</dc:creator>
				<category><![CDATA[Criminal Defense Lawyer Raleigh]]></category>
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		<guid isPermaLink="false">http://www.chetson.net/?p=893</guid>
		<description><![CDATA[Normally if someone is picked up for a misdemeanor drug charge, he is charged with two crimes: simple possession and possession of drug paraphernalia.  The paraphernalia charge is the more serious of the two charges.  Misdemeanor possession of marijuana is a class 3 misdemeanor.  
Misdemeanor possession of drug paraphernalia is a Class [...]]]></description>
			<content:encoded><![CDATA[<p>Normally if someone in North Carolina is picked up for a misdemeanor drug charge, he is charged with two crimes: simple possession and possession of drug paraphernalia (PDP).  The paraphernalia charge is the more serious of the two charges.  Misdemeanor possession of marijuana is a class 3 misdemeanor.</p>
<p>Misdemeanor PDP is a Class 1 misdemeanor in North Carolina. See NCGS 90-113.22. It is illegal to possess paraphernalia that enables the following: planting marijuana, propagating marijuana,   growing marijuana, harvesting marijuana, packing marijuana, storing marijuana, concealing marijuana, or ingesting marijuana.</p>
<p>Since possession of drug paraphernalia is a Class 1 misdemeanor, it is punishable by up to 120 days in incarceration, depending on someone&#8217;s prior record level.</p>
<p>As defined in the statute NCGS 90-113.21, paraphernalia is anything that is used for using the drug, selling the drug, transporting the drug, or hiding the drug can count as drug paraphernalia. Looking at these categories, pipes, bongs, gravity bongs, hookahs, bowls, and other items such as joint papers, unrolled cigars, unrolled black and milds, can all constitute PDP. Paraphernalia for selling and storing marijuana can include laundry bins, storage sheds, and plastic baggies. Scales and other items count as drug paraphernalia in terms of selling and trafficking marijuana.</p>
<p>Sometimes when someone is arrested for simple possession of marijuana or simple marijuana possession, the police will charge the person with PDP just for the little bag that the marijuana was held in.</p>
<p>If you&#8217;ve been charged with possession of drug paraphernalia, you should consider whether you might qualify for a First Offender program, which would allow you to complete a drug class and hopefully win a <span class="domtooltips">dismissal<span class="domtooltips_tooltip" style="display: none">A dismissal may occur upon a motion by a party, or by the prosecutor.  A voluntary dismissal is a true dismissal where the charges are no longer pending.

A dismissal with leave, also known as a <span class="domtooltips">VL<span class="domtooltips_tooltip" style="display: none">A dismissal may occur upon a motion by a party, or by the prosecutor.  A voluntary dismissal is a true dismissal where the charges are no longer pending.

A dismissal with leave, also known as a VL, is a method of the prosecutor places the case into a holding pattern, usually because the defendant has failed to come to court on an assigned court date.</span></span>, is a method of the prosecutor places the case into a holding pattern, usually because the defendant has failed to come to court on an assigned court date.</span></span> of the charge.</p>
<hr>Wake County lawyer Damon Chetson helps people accused of serious felonies, misdemeanors, drug charges, DWI and traffic offenses in Raleigh, Apex, Chapel Hill, and Cary, NC. Chapel Hill lawyer Damon Chetson also represents people charged with felonies and criminal charges in Raleigh, Cary, Apex, Chapel Hill, and Durham, North Carolina. Our lawyers are available day or night, weekdays or weekends. Call (919) 352-9411 for a free consultation.
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		<title>What is Possession of Drug Paraphernalia</title>
		<link>http://www.chetson.com/2010/03/what-is-possession-of-drug-paraphernalia/</link>
		<comments>http://www.chetson.com/2010/03/what-is-possession-of-drug-paraphernalia/#comments</comments>
		<pubDate>Sat, 13 Mar 2010 14:04:54 +0000</pubDate>
		<dc:creator>Damon Chetson</dc:creator>
				<category><![CDATA[Criminal Defense Lawyer Raleigh]]></category>
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		<guid isPermaLink="false">http://www.chetson.net/?p=893</guid>
		<description><![CDATA[Normally if someone is picked up for a misdemeanor drug charge, he is charged with two crimes: simple possession and possession of drug paraphernalia.  The paraphernalia charge is the more serious of the two charges.  Misdemeanor possession of marijuana is a class 3 misdemeanor.  
Misdemeanor possession of drug paraphernalia is a Class [...]]]></description>
			<content:encoded><![CDATA[<p>Normally if someone is picked up for a misdemeanor drug charge, he is charged with two crimes: simple possession and possession of drug paraphernalia.  The paraphernalia charge is the more serious of the two charges.  Misdemeanor possession of marijuana is a class 3 misdemeanor.</p>
<p>Misdemeanor possession of drug paraphernalia is a Class 1 misdemeanor in North Carolina. See NCGS 90-113.22. It is illegal to possess paraphernalia that enables the following: planting marijuana, propagating marijuana, growing marijuana, harvesting marijuana, packing marijuana, storing marijuana, concealing marijuana, or ingesting marijuana.</p>
<p>Since possession of drug paraphernalia (meth, weed, cocaine, crack, heroin, pot) is a Class 1 misdemeanor, it is punishable by up to 120 days in incarceration, depending on someone’s prior record level.</p>
<p>As defined in the statute NCGS 90-113.21, paraphernalia is anything   that is used for using the drug, selling the drug, transporting the drug, or hiding the drug can count as drug paraphernalia. Looking at these categories, pipes, bongs, gravity bongs, hookahs, bowls, and other items such as joint papers, unrolled cigars, unrolled black and milds, can all constitute drug paraphernalia. Paraphernalia for selling and storing marijuana can include laundry bins, storage sheds, and plastic baggies. Scales and other items count as drug paraphernalia in terms of selling and trafficking marijuana.</p>
<p>Sometimes when someone is arrested for simple possession of marijuana or simple marijuana possession, the police will charge the person with possession of drug paraphernalia just for the little bag that the marijuana was held in.</p>
<hr>Damon Chetson is a North Carolina Lawyer. He practices in Raleigh, Apex, and Cary, North Carolina.  He also defends individuals charged with crimes throughout the Research Triangle. He works hard to defend his clients' rights. He represents people charged in all parts of the Research Triangle.  If you're looking for a lawyer in Raleigh or Wake County, NC, you can call the us for a free consultation at (919) 352-9411 weekdays, evenings, weekends, and Holidays.
]]></content:encoded>
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