The Chetson Firm has experience representing clients in serious drug cases, violent felonies, larceny, sex offenses, misdemeanor 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. cases, larcenies, rapes, and non-serious assaults and drug offenses.

The Chetson Firm serves people throughout Wake County and the Research Triangle Park.

The Chetson Firm serves people in the following zip codes: 27601, 27602, 27603, 27604, 27605, 27618, 27619, 27539, 27512, 27513, 27512, 27610, 27611, 27612, 27613, 27614, 27615, 27616.

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.

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 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. cases, the chemical analyst or arresting officer will mark the person as a “refusal” even though the person did not refuse!

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.

However, it’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.

The burden then shifts to the driver to “prove” that a medical condition, and not a decision not to take the breath test, resulted in the “refusal.”

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.

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.

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.

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 prisonA prison is a facility, operated by the Department of CorrectionsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of PrisonsA 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. in the federal system, where an offender is sent to serve an active prison sentence of some length. in North Carolina or the Bureau of PrisonsA 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. in the federal system, where an offender is sent to serve an active prison sentence of some length.?” I must keep that confidential because it was a crime in the past, and I can advise you about how to protect yourself.

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.

In June of 2009, the United States Supreme Court handed down the landmark Melendez-Diaz v. Massachusetts case, which turns on the Confrontation Clause of the Sixth Amendment which permits defendants to question all accusers at trial.

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.

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.

Since possession of drug paraphernalia is a Class 1 misdemeanor, it is punishable by up to 120 days in incarceration, depending on someone’s prior record level.

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.

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.

If you’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 dismissalA 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 VLA 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., 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. of the charge.

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.

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.

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.

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.

Here’s an excerpt:

Loyola Law School professor Alexandra Natapoff, author of the new book Snitching, says the public has no clue about the thousands of informants now on the government payroll.

“It’s a very clandestine, secretive and unregulated arena that yet influences the outcome of millions of cases and investigations,” she says. “It shapes the way we lawyer, it shapes the way we judge, and it shapes what we call fair and good. And yet, we don’t see any evidence of it pop up on the public record.”

DiscoveryDiscovery is the process of exchanging information between the prosecution or defense in a case. Discovery is also a term used to describe all of the information - police reports, videos, physical evidence, photographs, etc. - that has been given to the Defense in a criminal case. is all that information collected by the state and its agencies which the Defendant is entitled to have in order so that the Defendant can prepare his defense for trial.

North Carolina has an “open file” discoveryDiscovery is the process of exchanging information between the prosecution or defense in a case. Discovery is also a term used to describe all of the information - police reports, videos, physical evidence, photographs, etc. - that has been given to the Defense in a criminal case. statute, which requires the state to provide all information in the 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.’s files, as well as any investigative agencies – public or private – who participated in the investigation of the case.

Open file discoveryDiscovery is the process of exchanging information between the prosecution or defense in a case. Discovery is also a term used to describe all of the information - police reports, videos, physical evidence, photographs, etc. - that has been given to the Defense in a criminal case. only exists in Superior CourtSuperior Court is the higher of the two levels of trial court in North Carolina. Felonies may be resolved in Superior Court by 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., or trial. Misdemeanor convictions may be appealed to Superior Court for juryA 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 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. 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. trial. for Felony cases. It does not apply to felony cases still in District CourtDistrict Court is the lower of two levels of trial court in North Carolina. Misdemeanors begin (and can be resolved) in District Court. Most felonies also begin in District Court, but only Class H and Class I felonies may be resolved in District Court.. And it does not apply to misdemeanor cases appealed to Superior CourtSuperior Court is the higher of the two levels of trial court in North Carolina. Felonies may be resolved in Superior Court by 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., or trial. Misdemeanor convictions may be appealed to Superior Court for juryA 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 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. 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. trial..

Upon 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. – most felony cases are indicted by a grand juryA 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 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. 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. in North Carolina – a defendant must first request that the 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. voluntarily comply with the State’s open file discoveryDiscovery is the process of exchanging information between the prosecution or defense in a case. Discovery is also a term used to describe all of the information - police reports, videos, physical evidence, photographs, etc. - that has been given to the Defense in a criminal case. statute at 15A-902.

If the State does not fully comply within 7 days, the Defendant or his attorney may file a motion requesting that a judge  order the 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. to comply.

In reality, most discoveryDiscovery is the process of exchanging information between the prosecution or defense in a case. Discovery is also a term used to describe all of the information - police reports, videos, physical evidence, photographs, etc. - that has been given to the Defense in a criminal case. is not received within this time frame. That’s because many cases are more complex, requiring more time to assemble the discoveryDiscovery is the process of exchanging information between the prosecution or defense in a case. Discovery is also a term used to describe all of the information - police reports, videos, physical evidence, photographs, etc. - that has been given to the Defense in a criminal case. and give it to the Defense.

The 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. also has an obligation to seek out discoveryDiscovery is the process of exchanging information between the prosecution or defense in a case. Discovery is also a term used to describe all of the information - police reports, videos, physical evidence, photographs, etc. - that has been given to the Defense in a criminal case. in the possession of police agencies, DSS, or private agencies employed by the state to conduct certain kinds of testing or investigation.

In addition to the statute, the Defendant has further discoveryDiscovery is the process of exchanging information between the prosecution or defense in a case. Discovery is also a term used to describe all of the information - police reports, videos, physical evidence, photographs, etc. - that has been given to the Defense in a criminal case. options under both State and Federal case law. On the Federal level, the major cases are Brady, Ritche, Kyles and so forth.

Usually, but not always, a motion to continueA motion to continue is a request by either party to a judge that a new date be set in the matter. Most criminal matters will have several continuances before both parties are ready to proceed. If the case is marked "Last," the the case must be resolved on the next court setting. is accompanied by a reason. For instance, the State may say, “Your honor, the State requests a continuanceA motion to continueA motion to continue is a request by either party to a judge that a new date be set in the matter. Most criminal matters will have several continuances before both parties are ready to proceed. If the case is marked "Last," the the case must be resolved on the next court setting. is a request by either party to a judge that a new date be set in the matter. Most criminal matters will have several continuances before both parties are ready to proceed. If the case is marked "Last," the the case must be resolved on the next court setting. so that it can subpoena our witness.” Or the defendant may request a continuanceA motion to continueA motion to continue is a request by either party to a judge that a new date be set in the matter. Most criminal matters will have several continuances before both parties are ready to proceed. If the case is marked "Last," the the case must be resolved on the next court setting. is a request by either party to a judge that a new date be set in the matter. Most criminal matters will have several continuances before both parties are ready to proceed. If the case is marked "Last," the the case must be resolved on the next court setting. so that he may find and hire an attorney.

Whether  a the Court grants a continuanceA motion to continueA motion to continue is a request by either party to a judge that a new date be set in the matter. Most criminal matters will have several continuances before both parties are ready to proceed. If the case is marked "Last," the the case must be resolved on the next court setting. is a request by either party to a judge that a new date be set in the matter. Most criminal matters will have several continuances before both parties are ready to proceed. If the case is marked "Last," the the case must be resolved on the next court setting. depends on several factors. Normally, the earlier in the case, the more likely a judge will grant a continuanceA motion to continueA motion to continue is a request by either party to a judge that a new date be set in the matter. Most criminal matters will have several continuances before both parties are ready to proceed. If the case is marked "Last," the the case must be resolved on the next court setting. is a request by either party to a judge that a new date be set in the matter. Most criminal matters will have several continuances before both parties are ready to proceed. If the case is marked "Last," the the case must be resolved on the next court setting. and set a new court date. If the matter has been continued several times, the judge may be reluctant to continue it yet again.

Usually, if the judge is reluctant to grant a continuanceA motion to continueA motion to continue is a request by either party to a judge that a new date be set in the matter. Most criminal matters will have several continuances before both parties are ready to proceed. If the case is marked "Last," the the case must be resolved on the next court setting. is a request by either party to a judge that a new date be set in the matter. Most criminal matters will have several continuances before both parties are ready to proceed. If the case is marked "Last," the the case must be resolved on the next court setting., but decides to do so, he will mark it “last” for whichever side requested the continuanceA motion to continueA motion to continue is a request by either party to a judge that a new date be set in the matter. Most criminal matters will have several continuances before both parties are ready to proceed. If the case is marked "Last," the the case must be resolved on the next court setting. is a request by either party to a judge that a new date be set in the matter. Most criminal matters will have several continuances before both parties are ready to proceed. If the case is marked "Last," the the case must be resolved on the next court setting., or for both parties. That means that on the next court setting, both sides must be prepared to go to trial or resolve the matter in some fashion, usually either by dismissing the case (if the state is not prepared) or working out 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. deal (if the defendant has no better alternative).

Strategic uses of continuances can be effective as part of an overall defense strategy. Talk to your criminal defense attorney about this issue.

First Degree Rape depends on the use of force or threat of force, or on the age difference between the victim and the defendant.

Note that just because there wasn’t full penetration, doesn’t mean that that rape can’t be  proved. A rape merely requires proof of penetration, “however slight.” Penetration doesn’t have to occur with the penis. A first degree sex offense is committed if someone uses fingers, other implements, and so on.

Here are the statutes for first degree rape and first degree sex offense.

§ 14-27.2. First-degree rape.
(a) A person is guilty of rape in the first degree if the person engages in vaginal intercourse:
(1) With a victim who is a child under the age of 13 years and the defendant is at least 12 years old and is at least four years older than the victim; or
(2) With another person by force and against the will of the other person,
and:
a. Employs or displays a dangerous or deadly weapon or an article which the other person reasonably believes to be a dangerous or deadly weapon; or
b. Inflicts serious personal injury upon the victim or another person;
or
c. The person commits the offense aided and abetted by one or more other persons.
(b) Any person who commits an offense defined in this section is guilty of a Class B1 felony.
(c) Upon 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., a person convictedA conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (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. under this section has no rights to 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. of or rights of inheritance from any child born as a result of the commission of the rape, nor shall the person have any rights related to the child under Chapter 48 or Subchapter 1 of Chapter 7B of the General Statutes.

§ 14-27.4. First-degree sexual offense.
(a) A person is guilty of a sexual offense in the first degree if the person engages in a sexual act:
(1) With a victim who is a child under the age of 13 years and the defendant is at least 12 years old and is at least four years older than the victim; or
(2) With another person by force and against the will of the other person, and:
a. Employs or displays a dangerous or deadly weapon or an article which the other person reasonably believes to be a dangerous or deadly weapon; or
b. Inflicts serious personal injury upon the victim or another person;
or
c. The person commits the offense aided and abetted by one or
more other persons.
(b) Any person who commits an offense defined in this section is guilty of a Class B1 felony.