the chetson firm, pllccriminal defense law | The Chetson Firm, PLLC – Aggressive, Professional Raleigh Criminal Lawyers

I’ve heard private attorneys are expensive. Can I afford a Raleigh, Cary, or Apex criminal attorney?

Damon Chetson — Mon, 26 Oct 2009 12:14:32 +0000

If you’re thinking that a criminal lawyer is going to cost you tens of thousands of dollars, I’m here to tell you that’s wrong.

Now, it’s true, some cases are very complex, and if you’re charged with murder, it’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’s because the costs of defending those charges would bankrupt a lot of middle class people.

But the truth of the matter is that criminal representation is very affordable, especially if it’s a non-murder case. In addition, you can hire a criminal attorney to work on part of your case, and if you don’t have the money to hire him to defend you all the way until trial, you can apply to have a public defender appointed to your case. Public Defenders in Wake County are excellent.

But even if you expect to have a public defender, 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.

That’s because there several points early in the process – your First Appearance Hearing, for instance – where having a criminal lawyer represent you can make a huge difference in the outcome.

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.

That’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.

Yes, criminal lawyers aren’t cheap. But neither are they outrageously expensive. And they are well worth the money.

So call today at (919) 352-9411. I charge flat fees for all my services; you know what you’re getting up front, before you pay. And I have payment plans so that even if you can’t write me a check on day one, I may be able to work with you to arrange payment in installments.

Wake County lawyer Damon Chetson helps people accused of serious felonies, misdemeanors, drug charges, DWI and traffic offenses in Raleigh, Apex, Chapel Hill, and Cary, NC. Chapel Hill lawyer Damon Chetson also represents people charged with felonies and criminal charges in Raleigh, Cary, Apex, Chapel Hill, and Durham, North Carolina. Our lawyers are available day or night, weekdays or weekends. Call (919) 352-9411 for a free consultation.

A plea machine or a Raleigh trial attorney. Which would you prefer?

Damon Chetson — Mon, 26 Oct 2009 00:22:30 +0000

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 plea offer because, in his circumstances, it was about the best he was going to do.

I think he was a bit skeptical, having dealt with other attorneys who had pushed pleas on him, and recommended he “take a plea.”

But I had no trouble answering the question: I don’t care if the case is felony Robbery with a Deadly Weapon, a DUI, or Possession of a Controlled Substance With Intent to Sell or Deliver. I did not go to law school and become an attorney to plea stuff out.

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’s rights. Now, 95 percent of a lawyer’s cases do not end up at trial. That’s because there are a lot of factors. And I will always recommend a plea if I honestly think that it’s in my client’s best interest.

But my job is not to push pleas on clients. My job is not to serve as a messenger from the district attorney for the latest plea offer. And if it’s obviously a bad plea – if it’s a demand that the client plea to the charge – then I will advise the client to go to trial.

In the end, it’s always the client’s choice. It’s always the client’s decision, because it’s the client’s life. And where the facts aren’t so good, and the law isn’t so good, and the client would be harmed by rejecting a plea, I will tell the client that he should take the plea.

But if I think it’s a lousy plea, or if I think that the client would be better served by going to trial because I think the DA’s case is weak, I will say that too.

At the end of the day, you want a lawyer who is not afraid to recommend a good plea, 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.

If you're in need of a tough, experienced Raleigh, Cary or Apex criminal lawyer, call our offices day or night. The Chetson Firm represents individuals charged throughout the Research Triangle - Wake, Durham, Orange, and Chatham counties. Call anytime - (919) 352-9411 - weekdays, weekends, evenings or holidays.

Finding the Right Wake County Criminal Defense Attorney

Damon Chetson — Tue, 13 Oct 2009 23:53:56 +0000

There are a ton of excellent criminal defense attorneys in Raleigh, Cary, and Apex, NC. The Wake County Public Defender is also staffed by excellent attorneys. But you’re only qualified for a public defender if you are ruled indigent (another word for “poor”) by a judge.

If you’re ruled indigent, then you will be assigned either someone out of the Wake County Public Defender’s office, or you will be appointed a private attorney who will be paid by the state to represent you. Only if you’re found guilty will the state seek reimbursement from you, but if you’ve been deemed unable to pay for your own attorney and have been charged with a crime, worrying about reimbursement is the last thing for you to do.

If you’re not deemed indigent, then it’s up to you to locate a Raleigh, Cary or Apex criminal lawyer. And, as I say, there are a ton of excellent Raleigh attorneys. Indeed, if you meet with an attorney, the criminal lawyer should be willing to suggest the names of one or two other Raleigh, Cary or Apex criminal attorneys you should contact if you ask for a reference.

The truth of the matter is that what you need in a criminal lawyer is someone who understands the law well enough, but is willing to commit the time and effort required to make sure that all the avenues of your case are explored. You also need an attorney who is willing to stand up to the Wake County District Attorney. A district attorney is merely an attorney. A district attorney is not God.

And while there are many fine Wake County prosecutors, the fact of the matter is that a Wake County district attorney is merely an attorney representing the state of North Carolina in a criminal matter. The defense attorney you choose needs to be able to work cooperatively with the district attorney when necessary, but also willing to stand his ground in defense of your rights.

While you it’s up to you whether you will ultimately go to trial, and it’s up to you whether you will accept a plea if one is offered, it’s up to your Apex, Cary or Raleigh criminal attorney to keep your options open, to defend your rights and interests zealously, and to do so professionally and to clearly communicate your options to you.

If you need to talk to an Apex, Raleigh or Cary criminal lawyer, call me at (919) 352-9411 or email me at info@chetson.com. I can give you some free advice over the phone, and schedule a time to meet with you at my downtown Raleigh office, or travel to your location in Wake County or surrounding communities to meet with you. My fees are very reasonable, and are all flat fees. I will give you a fee quote so you can decide whether to hire me or I can recommend may other fine Raleigh, Apex, or Cary criminal lawyers who may be able to help you.

Do not wait, though. Your rights are at stake.

Roman Polanski Arrested, Facing Extradition

Damon Chetson — Sun, 27 Sep 2009 14:39:56 +0000

Director Roman Polanski was arrested this weekend by Swiss officials as he flew into Zurich to accept an award honoring his career. Among many other notable films, he directed (and won an Oscar for) “The Pianist,” “Rosemary’s Baby,” and “Chinatown.”

In 1977, Polanski was accused of raping a 13-year old girl who he had allegedly given champagne and drugs during a photo shoot at a home in Los Angeles. Polanski was convicted as part of a plea agreement to the charge of “unlawful sexual intercourse with a minor.” Polanski had claimed that the 13-year old had consented to the sexual intercourse. Before being sentenced to prison, Polanski fled the country. Since 1978 he has lived in France, and avoided countries that have extradition treaties with the United States.

At age 76, Polanski may now be extradited back to the United States to be sentenced and to serve his prison time.

First, it’s important to note that statutory rape, which is intercourse with a person underage, is either a Class B1 or Class C felony in North Carolina, depending on the age of the defendant. If the defendant is more than six years older than the victim, then the crime is a Class B1 felon, which carries a prison term of at least 94 months (6 years, 10 months). No probation is possible.

In North Carolina, as in all other states, consent is not a defense to statutory rape, since someone underage is not capable of consenting to sex in the eyes of the law. Occasionally, men accused of having sex with a girl aged 13, 14, 15, or 16 will admit to police that they did have sex, but will claim that the girl consented.

At that point, assuming the defendant is at least six years older than the victim, the defendant has admitted to a Class B1 felony and, assuming the man has no prior criminal record, at least 94 months in the Department of Corrections.

Of course, any smart defense attorney will tell his client to exercise his rights under the U.S. Constitution to remain silent. Once the client has admitted to sex to a police officer, the case is much harder to defend.

In addition, people accused of statutory rape will sometimes admit to police that they had sex with the woman, claim it was consensual, but also claim that they thought (or the girl told them) that she was 19, and not underage.

This is not a defense. North Carolina, and other states, do not allow defendants to use this “mistake of fact” as a defense to the accusation of having sex with an underage woman. Once the defendant has admitted having sex with an underage girl, he has admitted to a serious felony with serious consequences.

A good defense attorney will still be able to help, and defenses may still be raised, but such admissions make defending such cases much more difficult. In addition, sex crimes carry mandatory sex offender registration, which makes finding a place to live, a job, and building a new life following prison very difficult indeed.

Roman Polanski was already apparently convicted of his crime, so following extradition, he would be sentenced and handed over to California’s Department of Corrections for imprisonment.

Father arrested for DWI after bailing out son

Damon Chetson — Sat, 26 Sep 2009 21:56:42 +0000

It’s no fun to spend a night in jail, so when Trevor Brown of Gothenburg, Nebraska called his father after being picked up for drunk driving, he was probably relieved when his dad agreed to come down to the jail to bail him out.

Problem was, dad was also drunk, and when he arrived at the jail to spring his son, police noticed and told him not to drive. But dad, allegedly, ignored those instructions and decided to drive himself and his son home. Police then arrested him for drunk driving.

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.