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	<title>the chetson firm, pllc27539 | The Chetson Firm, PLLC &#8211; Aggressive, Professional Raleigh Criminal Lawyers</title>
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	<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>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>
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		<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><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>DWI Stops in Raleigh, Cary and Apex: Phase II Detection</title>
		<link>http://www.chetson.com/2010/01/dwi-stops-in-raleigh-cary-and-apex-phase-ii-detection/</link>
		<comments>http://www.chetson.com/2010/01/dwi-stops-in-raleigh-cary-and-apex-phase-ii-detection/#comments</comments>
		<pubDate>Sat, 09 Jan 2010 19:37:19 +0000</pubDate>
		<dc:creator>Damon Chetson</dc:creator>
				<category><![CDATA[Apex Criminal Lawyer]]></category>
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		<guid isPermaLink="false">http://www.chetson.net/2010/01/domestic-violence-in-north-carolina-raleigh-cary-and-apex/</guid>
		<description><![CDATA[I&#8217;ve talked previously about how police officers need to have a reasonable articulable suspicion that a crime is afoot in order to stop a car traveling down North Carolina&#8217;s roads &#8211; in Raleigh, Cary, Apex, for instance, or in any other part of Wake County.
Assume for a moment that the police officer has a valid [...]]]></description>
			<content:encoded><![CDATA[<p>I’ve talked previously about how police officers need to have a <span class="domtooltips">reasonable articulable suspicion<span class="domtooltips_tooltip" style="display: none">Reasonable suspicion is the level of proof required to stop a vehicle or conduct a Terry Stop, where there is no apparent evidence of a crime.  Reasonable suspicion is more than just a hunch.</span></span> that a crime is afoot in order to stop a car traveling down North Carolina’s roads – in Raleigh, Cary, Apex, for instance, or in any other part of Wake County.</p>
<p>Assume for a moment that the police officer has a valid reason or a <span class="domtooltips">reasonable articulable suspicion<span class="domtooltips_tooltip" style="display: none">Reasonable suspicion is the level of proof required to stop a vehicle or conduct a Terry Stop, where there is no apparent evidence of a crime.  Reasonable suspicion is more than just a hunch.</span></span> to stop the car. Does that mean that a driver accused 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> is sunk? No.</p>
<p>Just because an officer has enough legal grounds to stop a car does not necessarily mean that the officer has legal   grounds to arrest the driver on a Driving While Impaired charge (<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>).</p>
<p>The <span class="domtooltips">prosecutor<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> must prove that in the second phase of the police officer’s investigation he developed enough evidence to form a <span class="domtooltips">probable cause<span class="domtooltips_tooltip" style="display: none">Probable cause is the standard of proof that justifies the arrest (or <span class="domtooltips">indictment<span class="domtooltips_tooltip" style="display: none">An 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 into Superior Court for resolution by plea or trial by jury.</span></span>) of an individual.  In order to find probable cause, a cautious officer, acting in good faith, must have sufficient information to believe that a crime has been or is being committed.</span></span> that the driver had been driving while impaired.</p>
<p>The National Highway Traffic Safety Administration teaches two major evidence gathering tasks at this point as part of the officer’s Phase II interaction with the driver. The first task is for the police officer to approach, observe, and interview the driver while still in the car to identify any impairment or intoxication face-to-face.</p>
<p>The officer will identify whether the person has bloodshot eyes, soiled clothing, fumbling fingers, alcohol containers, drugs or drug paraphernalia, bruises, bumps or scratches or whether the person is slurring his or her speech, admission to drinking, abusive language, etc.</p>
<p>The officer will also identify any smells – alcoholic beverages, marijuana, cover up of odors, breath-sprays, or unusual odors.</p>
<p>Next time I’ll talk about additional observations the police officer should record before validly arresting the driver.</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>What is North Carolina&#8217;s Structured Sentencing Scheme?</title>
		<link>http://www.chetson.com/2009/11/what-is-north-carolinas-structured-sentencing-scheme/</link>
		<comments>http://www.chetson.com/2009/11/what-is-north-carolinas-structured-sentencing-scheme/#comments</comments>
		<pubDate>Fri, 06 Nov 2009 20:31:00 +0000</pubDate>
		<dc:creator>Damon Chetson</dc:creator>
				<category><![CDATA[Raleigh Criminal Lawyer Advice]]></category>
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		<guid isPermaLink="false">http://www.chetson.com/2009/10/what-is-north-carolinas-structured-sentencing-scheme/</guid>
		<description><![CDATA[In the mid-1990s North Carolina created a structured sentencingStructured sentencing replaced Fair Sentencing in 1994. It created a felony sentencing chart and a misdemeanor sentencing chart in which most, but not all, punishments are imposed according to the level of the crime, and the individual's prior record level. system for misdemeanors and felonies committed after...]]></description>
			<content:encoded><![CDATA[<p>In the mid-1990s North Carolina created a <span class="domtooltips">structured sentencing<span class="domtooltips_tooltip" style="display: none">Structured sentencing replaced Fair Sentencing in 1994. It created a felony sentencing chart and a misdemeanor sentencing chart in which most, but not all, punishments are imposed according to the level of the crime, and the individual's prior record level.</span></span> system for misdemeanors and felonies committed after December 1, 1995.</p>
<p>I recently observed a case where the alleged crime had been committed in 1992, and in that case the defendant was sentenced under the old North Carolina sentencing system.</p>
<p>But for all felonies or misdemeanors alleged to have been committed after December 1, 1995, North Carolina&#8217;s <span class="domtooltips">Structured Sentencing<span class="domtooltips_tooltip" style="display: none">Structured sentencing replaced Fair Sentencing in 1994. It created a felony sentencing chart and a misdemeanor sentencing chart in which most, but not all, punishments are imposed according to the level of the crime, and the individual's prior record level.</span></span> system applies.  <span class="domtooltips">Structured sentencing<span class="domtooltips_tooltip" style="display: none">Structured sentencing replaced Fair Sentencing in 1994. It created a felony sentencing chart and a misdemeanor sentencing chart in which most, but not all, punishments are imposed according to the level of the crime, and the individual's prior record level.</span></span> applies state wide, whether you&#8217;re in Cary, Apex, Raleigh, Fuquay Varina, or Asheville: the same rules apply.  Federal crimes are handled by the federal courts under a different (and much more complicated) <span class="domtooltips">structured sentencing<span class="domtooltips_tooltip" style="display: none">Structured sentencing replaced Fair Sentencing in 1994. It created a felony sentencing chart and a misdemeanor sentencing chart in which most, but not all, punishments are imposed according to the level of the crime, and the individual's prior record level.</span></span> system.</p>
<p>But most criminal cases are state cases, so let&#8217;s talk a little about how North Carolina&#8217;s <span class="domtooltips">Structured Sentencing<span class="domtooltips_tooltip" style="display: none">Structured sentencing replaced Fair Sentencing in 1994. It created a felony sentencing chart and a misdemeanor sentencing chart in which most, but not all, punishments are imposed according to the level of the crime, and the individual's prior record level.</span></span> system works.</p>
<p>First, crimes are divided into &#8220;classes.&#8221; Felonies start at Class A (First Degree Murder) which is punishable by life or death and go all the way down to Class I (the least serious, including many minor drug or theft offenses.)  There are two Class B offenses &#8211; B1 and B2 that each are treated differently.  Misdemeanors are handled separately, from Class A1 (the most serious, including Assault on a Female) to Class 3 (the least serious, including simple marijuana possession).</p>
<p>Second, individual defendants are assigned to levels.  A Level 1 is someone who has no Class A1 or higher convictions.  A Level 2 is someone who has at least 1 <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> point.  And a Level 6 is someone who has 19 or more prior sentencing points.  Level 6 is the highest, or worst.</p>
<p>Third, each class/level box has three ranges: mitigated, presumptive, or aggravated.  Presumptive is where everyone starts.  If there are mitigating factors &#8211; either statutory or common law &#8211; the judge may sentence in the mitigated range, which is better.  If there are aggravating factors, the judge may sentence in the aggravated range, which is worse.  If the judge doesn&#8217;t find aggravating or mitigating factors to sentence in either of those two ranges, then the presumptive range is used.  Most defendants are sentenced within the presumptive range.   Note that there is also a way for the judge to deviate from the <span class="domtooltips">structured sentencing<span class="domtooltips_tooltip" style="display: none">Structured sentencing replaced Fair Sentencing in 1994. It created a felony sentencing chart and a misdemeanor sentencing chart in which most, but not all, punishments are imposed according to the level of the crime, and the individual's prior record level.</span></span> scheme if he finds &#8220;extraordinary mitigation&#8221;.  This rarely occurs, and usually it is done because the <span class="domtooltips">prosecutor<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> agrees that there should be deviation.</p>
<p>Third, this is a truth-in-sentencing system.  If <span class="domtooltips">convicted<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> &#8211; either by <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> or after   a trial &#8211; the defendant will serve at least the bottom of the sentencing range, and as much as the top of the range.  What happens is that the defendant goes into the <span class="domtooltips">DOC<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> and can work off the good time, by cooperating, not getting into fights in <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>, being a model prisoner, so that the <span class="domtooltips">DOC<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> will grant good time. Over time the good time adds up so that the defendant moves down to the lowest end of the range.</p>
<p>North Carolina has done away with parole.  Life means life.  And and active sentence of 12 to 18 months mean the defendant will serve at least 12 months.</p>
<p>Even if the state&#8217;s case is strong, there&#8217;s a lot a Apex, Cary, or Raleigh criminal lawyer can do within the <span class="domtooltips">structured sentencing<span class="domtooltips_tooltip" style="display: none">Structured sentencing replaced Fair Sentencing in 1994. It created a felony sentencing chart and a misdemeanor sentencing chart in which most, but not all, punishments are imposed according to the level of the crime, and the individual's prior record level.</span></span> scheme to get a lesser sentence.  The criminal lawyer can put together strong evidence that, in spite of the crime, the defendant has been otherwise a good citizen, with a family to support, good contributions to the community, perhaps church involvement, and other kinds of factors relating to the crime that mean the defendant should be given &#8220;the bottom end of the mitigated.&#8221;</p>
<p>Or, in exceptional circumstances, the Apex, Raleigh or Cary criminal lawyer may be able to argue &#8220;extraordinary mitigation.&#8221;  This is rare, but possible and depends on putting on strong evidence at a sentencing hearing.</p>
<p>Call (919) 352-9411 to talk to an Apex, Raleigh or Cary criminal lawyer weekdays, evenings, or weekends who can give some advice as to how sentencing might work in your case.</p>
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		<title>I&#8217;ve heard private attorneys are expensive.  Can I afford a Raleigh, Cary, or Apex criminal attorney?</title>
		<link>http://www.chetson.com/2009/10/ive-heard-private-attorneys-are-expensive-can-i-afford-a-criminal-attorney/</link>
		<comments>http://www.chetson.com/2009/10/ive-heard-private-attorneys-are-expensive-can-i-afford-a-criminal-attorney/#comments</comments>
		<pubDate>Mon, 26 Oct 2009 12:14:32 +0000</pubDate>
		<dc:creator>Damon Chetson</dc:creator>
				<category><![CDATA[Raleigh Criminal Lawyer Advice]]></category>
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		<guid isPermaLink="false">http://www.chetson.com/2009/10/ive-heard-private-attorneys-are-expensive-can-i-afford-a-criminal-attorney/</guid>
		<description><![CDATA[If you&#8217;re thinking that a criminal lawyer is going to cost you tens of thousands of dollars, I&#8217;m here to tell you that&#8217;s wrong. Now, it&#8217;s true, some cases are very complex, and if you&#8217;re charged with murder, it&#8217;s going to cost you a chunk of change in order to hire a criminal lawyer, not...]]></description>
			<content:encoded><![CDATA[<p>If you&#8217;re thinking that a criminal   lawyer is going to cost you tens of thousands of dollars, I&#8217;m here to tell you that&#8217;s wrong.</p>
<p>Now, it&#8217;s true, some cases are very complex, and if you&#8217;re charged with murder, it&#8217;s going to cost you a chunk of change in order to hire a criminal lawyer, not to mention all of the experts you would need.  But, in truth, many criminal defendants in murder cases, especially the ones facing capital charges (the death penalty), have public defenders.  That&#8217;s because the costs of defending those charges would bankrupt a lot of middle class people.</p>
<p>But the truth of the matter is that criminal representation is very affordable, especially if it&#8217;s a non-murder case.  In addition, you can hire a criminal attorney to work on part of your case, and if you don&#8217;t have the money to hire him to defend you all the way until trial, you can apply to have a <span class="domtooltips">public defender<span class="domtooltips_tooltip" style="display: none">A court appointed lawyer is a lawyer appointed by the Court (sometimes via the Public Defender Office) to represent an individual in court.  Only indigent (poor) people qualify for a court appointed lawyer.

A public defender is a lawyer who is employed by the Public Defender Office and who only represents indigent (poor) clients.</span></span> appointed to your case.  Public Defenders in Wake County are excellent.</p>
<p>But even if you expect to have a <span class="domtooltips">public defender<span class="domtooltips_tooltip" style="display: none">A court appointed lawyer is a lawyer appointed by the Court (sometimes via the Public Defender Office) to represent an individual in court.  Only indigent (poor) people qualify for a court appointed lawyer.

A public defender is a lawyer who is employed by the Public Defender Office and who only represents indigent (poor) clients.</span></span>, you should absolutely spend the $2,000 to $4,000 it costs to hire someone like me to represent you before your arrest, and at your early hearings.</p>
<p>That&#8217;s because there several points early in the process &#8211; your First Appearance Hearing, for instance &#8211; where having a criminal lawyer represent you can make a huge difference in the outcome.</p>
<p>For instance, the criminal lawyer can make the argument that you are not a flight risk or a danger to the community, and that you ought to be let out on a small bond.</p>
<p>That&#8217;s crucially important, so that you can continue to live with your family, go to work, live a normal life, and help in your defense.</p>
<p>Yes, criminal lawyers aren&#8217;t cheap.  But neither are they outrageously expensive.  And they are well worth the money.</p>
<p>So call today at (919) 352-9411.  I charge flat fees for all my services; you know what you&#8217;re getting up front, before you pay.  And I have payment plans so that even if you can&#8217;t write me a check on day one, I may be able to work with you to arrange payment in installments.</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>A plea machine or a Raleigh trial attorney. Which would you prefer?</title>
		<link>http://www.chetson.com/2009/10/a-plea-machine-or-a-trial-attorney-which-would-you-prefer/</link>
		<comments>http://www.chetson.com/2009/10/a-plea-machine-or-a-trial-attorney-which-would-you-prefer/#comments</comments>
		<pubDate>Mon, 26 Oct 2009 00:22:30 +0000</pubDate>
		<dc:creator>Damon Chetson</dc:creator>
				<category><![CDATA[Raleigh Criminal Lawyer Advice]]></category>
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		<guid isPermaLink="false">http://www.chetson.com/2009/10/a-plea-machine-or-a-trial-attorney-which-would-you-prefer/</guid>
		<description><![CDATA[Someone asked me a few weeks ago whether I was really intending to help him with his case, or whether I was just eager to get it over with.  This was after I had recommended the pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution...]]></description>
			<content:encoded><![CDATA[<p>Someone asked me a few weeks ago whether I was really intending to help him with his case, or whether I was just eager to get it over with.  This was after I had recommended the <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> offer because, in his circumstances, it was about the best he was going to do.</p>
<p>I think he was a bit skeptical, having dealt with other attorneys who had pushed pleas on him, and recommended he &#8220;take 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>.&#8221;</p>
<p>But I had no trouble answering the question: I don&#8217;t care if the case is felony Robbery with a Deadly Weapon, a DUI, or Possession of a <span class="domtooltips">Controlled Substance<span class="domtooltips_tooltip" style="display: none">A controlled substance is a chemical compound meant for human consumption that is regulated by the federal government or the states.  The substances are categorized by 1 to 6 (I to VI).</span></span> With Intent to Sell or Deliver.  I did not go to law school and become an attorney to <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> stuff out.</p>
<p>I went to law school to get 12 fine citizens in a box, to ask them whether they could decide a case fairly, and to fight for my client&#8217;s rights.  Now, 95 percent of a lawyer&#8217;s cases do not end up at trial.  That&#8217;s because there are a lot of factors.  And I will always recommend 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> if I honestly think that it&#8217;s in my client&#8217;s best interest.</p>
<p>But my job is not to   push pleas on clients.  My job is not to serve as a messenger from 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> for the latest <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> offer.  And if it&#8217;s obviously a bad <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> &#8211; if it&#8217;s a demand that the client <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> to the charge &#8211; then I will advise the client to go to trial.</p>
<p>In the end, it&#8217;s always the client&#8217;s choice.  It&#8217;s always the client&#8217;s decision, because it&#8217;s the client&#8217;s life.  And where the facts aren&#8217;t so good, and the law isn&#8217;t so good, and the client would be harmed by rejecting 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>, I will tell the client that he should take the <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>.</p>
<p>But if I think it&#8217;s a lousy <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>, or if I think that the client would be better served by going to trial because I think the DA&#8217;s case is weak, I will say that too.</p>
<p>At the end of the day, you want a lawyer who is not afraid to recommend a good <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>, and not afraid to go to trial to fight for your rights.  Call (919) 352-9411 to find out how I can be of service to you.</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>Thoughts from a Raleigh Criminal Lawyer: Should I talk to police</title>
		<link>http://www.chetson.com/2009/10/advice-from-a-criminal-lawyer-should-i-talk-to-police/</link>
		<comments>http://www.chetson.com/2009/10/advice-from-a-criminal-lawyer-should-i-talk-to-police/#comments</comments>
		<pubDate>Fri, 23 Oct 2009 23:41:02 +0000</pubDate>
		<dc:creator>Damon Chetson</dc:creator>
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		<guid isPermaLink="false">http://www.chetson.com/2009/10/advice-from-a-criminal-lawyer-should-i-talk-to-police/</guid>
		<description><![CDATA[I often get this question from clients or potential clients: The police are investigating a crime.  They want to talk to me.  They&#8217;ve called my house, asking me to go down to the police.  I&#8217;ve got nothing to hide.  Should I go down to talk to police. The answer is general no. I don&#8217;t care...]]></description>
			<content:encoded><![CDATA[<p>I often get this question from clients or potential clients: The police are investigating a crime.  They want to talk to me.  They&#8217;ve called my house, asking me to go down to the police.  I&#8217;ve got nothing to hide.  Should I go down to talk to police.</p>
<p>The answer is general no.</p>
<p>I don&#8217;t care whether you were in Timbuktu when the crime happened. You have no obligation to talk to police without a criminal lawyer present. And there is no way that you should talk to police without a lawyer present.</p>
<p>You should never lie to police.  In fact, lying to FBI agents is a federal crime, and giving a fake name to a police officer in North Carolina is a misdemeanor.</p>
<p>But you should not talk to police unless you are reporting a crime.  If you&#8217;re under investigation, don&#8217;t talk to police.</p>
<p>Now, you may be asking: I&#8217;ve got nothing to hide. Why shouldn&#8217;t I talk to the police?  The answer is that the police don&#8217;t know you didn&#8217;t do the crime.  They&#8217;re looking for suspects. And one way the look for suspects is to question people repeatedly until they rule them out.</p>
<p>One of the ways they trap people is by having them answer questions over and over again, and pointing out discrepancies in the stories.  Because no one tells a story the same way every time, police are trained at picking out differences between the first time you told a story and the second time you told the story.  And when they ask you a third time&#8230; well they&#8217;re just trying to see whether you tell it a different way.</p>
<p>Even if you&#8217;re innocent as the sky is blue, you should always talk to police with your lawyer present. And that&#8217;s because usually police don&#8217;t have a video, they don&#8217;t have blood samples, they don&#8217;t have DNA, and so they&#8217;re looking for inconsistencies in stories to show to a <span class="domtooltips">jury<span class="domtooltips_tooltip" style="display: none">A jury may be either a grand jury or a petit jury.  A grand jury is a jury that determines whether there is probable cause to believe the defendant committed a crime. The result is an <span class="domtooltips">indictment<span class="domtooltips_tooltip" style="display: none">An 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 into Superior Court for resolution by plea or trial by jury.</span></span> that sends the case into Superior Court, perhaps for a jury trial.

A petit jury or simply a jury is the jury of 12 people who have been selected to hear and render a verdict in a case.</span></span> that you were lying, or untruthful.</p>
<p>And   if you did do the crime.  If you happen to be the actual perpetrator.  Well then you definitely don&#8217;t want to talk to police.  You want to keep your mouth shut.</p>
<p>Most of all: you want to get a criminal lawyer.  You want to call (919) 352-9411.</p>
<p>Police are not interested in finding the innocent, they&#8217;re interested in finding the guilty, and they&#8217;re interested in having a <span class="domtooltips">jury<span class="domtooltips_tooltip" style="display: none">A jury may be either a grand jury or a petit jury.  A grand jury is a jury that determines whether there is probable cause to believe the defendant committed a crime. The result is an <span class="domtooltips">indictment<span class="domtooltips_tooltip" style="display: none">An 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 into Superior Court for resolution by plea or trial by jury.</span></span> that sends the case into Superior Court, perhaps for a jury trial.

A petit jury or simply a jury is the jury of 12 people who have been selected to hear and render a verdict in a case.</span></span> sort it out.  And you don&#8217;t want to be the guy sitting in the defendant&#8217;s chair as 12 citizens in a box decide whether you&#8217;re guilty or not.</p>
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