Or allegations may arise that you have committed a crime in the past. The police may investigate for a period of time, during which they will probably try to interview you, friends, witnesses, and acquaintances. When they think they have enough information to charge you with a crime, the police officer will generally swear out a warrant for your arrest.

You will not know that an arrest warrant has been sworn out for you until one of two things happen. Either the police show up at your door or at your work to arrest you. Or, sometimes, the police request you either directly show up at the police station or request your lawyer to surrender you to the police station for your arrest.

Obviously it’s much more preferable to receive a call from the police officer asking you to surrender yourself. First, it prevents the embarrassment of you being arrested and placed in cuffs in front of your family or your co-workers. Second, it prevents the chance for a confrontation. Everything is peaceful and orderly with a surrendered arrest.

I recommend that anyone who is being accused of a crime or being asked about a crime where the questions are accusatory, should seek out an attorney. Why? An attorney can help facilitate the surrender, and can work to secure your release from jail. An attorney will also help you preserve your rights, and protect you and your family from further criminal liability.

That’s because either employees have been taking money from employers to make ends meet, or employers are accusing innocent employees because employers want to stop “shrinkage” or the loss of money or merchandise that is not the employees’ fault.

Each embezzlement case is unique. Whether you are facing an embezzlement charge in Wake County, or in the Eastern District of North Carolina (federal court), you need a lawyer who knows how to work in both the state and federal courts.

North Carolina’s criminal code describes the crime of embezzlement, which is a form of theft.

Embezzlement may be:

* property received by virtue of office or employment
* state property by public officers and employees
* funds by public officers and trustees
* by an officer of a railroad company
* or by a surviving partner of a business partnership
* or may be defined under Federal Embezzlement Laws

The U.S. Code, Title 18 lists the many provisions of federal embezzlement lawsystem.

Under state law, embezzlement may be either a Class H felony (which is a fairly low level felony) or, if above $100,000 in value, a Class C felony (which is a fairly serious felony).

A Wake County district attorneyA 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. or federal United States Attorney must prove that the defendant – you – had the intent at the time of the incident to embezzle or that you knowingly and willfully converted money (or any other kind of property) to your own use

Damon Chetson has experience in both state and federal courts. He has represented people accused of everything from drunk driving and driving while impaired, to people accused of drug traffickingDrug trafficking is the possession, sale, or distribution of larger quantities of certain controlled substances. In North Carolina, all drug trafficking laws have mandatory minimum sentences. and rape. He has also resolved many embezzlement cases before they reach the charging and arrest stage by negotiation resolutions with employers to avoid arrest.

The problem with enforcing a driving while texting law is that, unlike a driving while impaired law, texting leaves no lingering effects. In other words, you have to catch the texting in the act.

I’ve seen transcripts that the jail officials have made of tapes of jail house telephone calls. These transcripts have been used to convict the defendants.

In addition to talking to friends or family in the jail over the jail’s video system, your loved one can call you from jail, provided you have a PayTel account.

A PayTel account is a pre-paid account that enables someone in jail to place a phone call to your phone number. You can purchase credits or have PayTell direct bill you for the inmate’s calls to you. Either way, the PayTel account is a way to allow an inmate to call home.

I use PayTel to allow clients to call me.

Assume for a moment that the police officer has a valid reason or a reasonable articulable suspicionReasonable 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. to stop the car. Does that mean that a driver accused of a DWIA 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. is sunk? No.

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 (DWIA 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.).

The prosecutorA 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. must prove that in the second phase of the police officer’s investigation he developed enough evidence to form a 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 into Superior Court for resolution by plea or trial by jury.) 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. that the driver had been driving while impaired.

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.

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.

The officer will also identify any smells – alcoholic beverages, marijuana, cover up of odors, breath-sprays, or unusual odors.

Next time I’ll talk about additional observations the police officer should record before validly arresting the driver.

That’s because domestic violence is treated differently in North Carolina (and most states) from other kinds of criminal acts.

1) What is domestic violence?

Domestic violence in North Carolina involves cases in which the defendant is charged with assault, stalking, communicating threats, domestic criminal trespass, a violation of a Chapter 50B order, or various felonies upon a “spouse or former spouse or a person with whom the defendant lives or has lived as if married.”

2) How will the police treat a call involving a domestic violence matter?

Generally, a call involving a report of domestic violence will be followed by an arrest. In the olden days, police might respond to a call involving domestic violence, and simply tell both the husband and wife or boyfriend and girlfriend to take a break. Or the woman, who had been hit by her partner, would tell the police that it was “no big deal” and the police would leave the scene, only to be called back later in the evening when, usually, the husband or boyfriend had beat the heck out of the woman.

Beginning in the 1980s, aided particularly by women’s advocacy organizations, police departments around the country began to reform procedures. Today, many police departments operate under a “shall arrest” policy, which means that even if both the man and woman insist that everything is ok, someone will be arrested.

Sometimes the person who called the police will be arrested if the police believe that the person who called them instigated the fight.

3) How will the person arrested be handled in a Domestic Violence situation?

North Carolina has a special statute governing the pre-trial releasePre-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. of individuals accused of these crimes. First, the defendant will be held in custodyCustody 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. for up to 48 hours or until seeing a 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. judge, whichever is sooner. This is different from the way defendants are treated where they may have committed a minor crime that does not involve domestic violence. In those cases, there is no mandatory detention. But in DV situations, there is a mandatory detention until a 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. judge can hear the case, or 48 hours passes.

4) Will any special conditions be placed on a person released from custodyCustody 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. in a Domestic Violence situation?

If a person is arrested on a DV charge and the charge is minor and the person has no prior criminal record, the person may be eligible for pre-trial releasePre-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.. This means that the person must check in once a week with a member of the pre-trial releasePre-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. program. Otherwise, the person is free to go about his or her business. Or the person can post a bond, either himself or herself or through a bondsman.

In addition, the judge will impose a “no contact” order which requires the person to have no contact with the alleged victim. This will sometimes complicate a situation where the couple lives together, or where there are children involved who must be moved from household to household.

A “no contact” order can be lifted if either the alleged victim shows up at the First Appearance hearing where the District Judge and tells the District Judge that the victim does not want a “no contact” order imposed.

5) What can a lawyer do to help a defendant who has been charged with a Domestic Violence crime?

An Apex, Cary, or Raleigh criminal lawyer can help a defendant navigate the criminal process, and also work with the defendant to try to minimize the impact on the defendant’s life and on the domestic situation. For instance, in some cases the couple is in the process of getting divorced. A criminal lawyer can help to keep the criminal situation from interfering with an otherwise amicable divorce.  Most importantly, an Apex, Raleigh or Cary criminal lawyer can help minimize the effect a domestic violence convictionA 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 (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. 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. - of guilt. can have on an individuals life, employment, and criminal record.

My location has ample parking, and I take a variety of various payment methods, including check, credit card, and PayPal. In addition, I have payment plans that allow clients to pay in affordable sums during the course of the case. Since most cases last a number of months, payment is usually not an issue.

In the days before cell phones with video capabilities, it was very difficult for a defendant to challenge a police officer’s testimony if there were no independent witnesses. In a “battle” of witnesses between a police officer and the defendant, the police officer would generally win.

But beginning with the Rodney King beating in Los Angeles, which was captured on video, and even more so today, the cheap, handheld video camera or, even, camera phone can capture images and video so that we can all see what took place.

I’m waiting for the day people can have a video camera installed in their car, so that if they are searched, we can have an independent record of whether that search was done according to the constitution, and the laws.

Most Raleigh Police Department officers are fantastic, but it is always good to have an independent record so that everyone plays according to the rules.