But DWI sentences are handled differently. DWI sentencing is governed by North Carolina’s Fair Sentencing law which, in addition to the judge’s decision at the time of sentencing, governs how much time the person will serve.

Let’s look at the most serious DWI level. If someone has two grossly aggravating factors, that person will be sentenced as a Level 1 offender, if convicted of a DWI. The judge can impose a sentence of up to 2 years in prison according to the statute.

But the person will not end up serving two years in prison. Instead, the sentence is almost halved immediately upon entry into the DOC. While a person convicted of DWI may be paroled into DART (a substance abuse treatment program administered by the DOC), the person will probably serve 11 or 12 months in prison, instead of two years.

That’s because North Carolina drug trafficking laws are based on the weight of the drugs (or number of pills or dosage units) found. If the weights or volume exceeds certain limits, you will face tougher penalties.

Federal drug trafficking laws operate in much the same way, with mandatory minimum laws based on the weight or volume of the drugs that were allegedly being trafficked.

By requesting that authorities re-weigh the drugs – especially if the amount initially came in at a weigh that was on the border between a higher and lower trafficking level – may result in substantially less criminal liability.

If this is your first time offense, and there is no good defense to the charges, and the amount of drugs is small, you may be eligible for a felony drug diversion or misdemeanor drug diversion (90-96) program. These programs are offered by the Wake County District Attorney and administered through Southlight, an addiction treatment program in Wake County.

You should hire a competent, qualified Raleigh drugs lawyer to make sure that at every step in the process your rights are protected, and that, if you successfully complete the program, the charges and record of the arrest can be wiped clean (expunged) from your record.

If you’ve been charged with drug manufacturing, selling drugs, possession with intent to sell and deliver (PWISD), maintaining a dwelling, or drug trafficking crime, you absolutely need an aggressive, thorough North Carolina drug lawyer who can help defend you.

That’s because crimes involving drug sales, or possession with intent to sell are felonies, which can result in serious consequences, especially when it comes to your future employment, your ability to remain out of jail, and other aspects important in your life.

And if you’ve been charged with drug trafficking, you need to talk to a lawyer who understands how both the state drug trafficking laws work and also how to defend you in federal court. That’s because the federal government – through the United States Attorney for the Eastern District of North Carolina (EDNC) – will frequently take cases “federal,” which can result in substantially harsher sentences.

It is important, whether the drugs are heroin, ecstacy, cocaine, oxycodone, oxycontin, marijuana, meth, methamphetamines or other kinds of drugs that you or your family get the advice of a serious drug lawyer Raleigh to help defend you against these charges.

At the jail, you empty your pockets, and out tumbles the pot.

Can you be charged with Knowingly Possessing a controlled substance in a penal facility or local confinement facility? That’s a class H felony, with a sentence of up to 30 months in prison.

The answer is: probably not. If you were so intoxicated that you lacked the specific intent required to violate the law – knowingly possession the drug in jail – you may not be convicted of the crime.

In all likelihood, you could be convicted of the simple possession charge, which for marijuana, depending on the amounts, would be a Class 1 or Class 3 misdemeanor.

Damon Chetson is a criminal lawyer Raleigh who helps people charged with serious felonies, misdemeanors, and DWI/DUI charges in state and federal courts in North Carolina. He can be reached day or night at (919) 352-9411.

People convicted of nonviolent crimes account for nearly half of the state’s 25,000 inmates, and nearly one in five inmates are imprisoned for drug crimes, according to the commission’s February report.

The bill’s highlights include:

1. More focus on drug dealers. The bill deletes mandatory minimum sentences for a first conviction on simple drug possession, allows the possibility of probation or parole for certain second and third drug possession convictions, and removes sentencing disparities between crack and cocaine possession.
2. More home confinement. The bill will call for home detention for third-offense driving under suspension. This would relieve some prison crowding. The bill also increases penalties if someone driving with on a suspended license injures someone.
3. More violent crime. More penalties. The bill changes the status of two dozen crimes from nonviolent to violent – including sex crimes involving children – meaning those inmates can’t be paroled until they serve at least 85 percent of their time.

North Carolina should undertake sentencing reform. One recommendation would be to modify its Habitual Felon statute. The statute counts for habitual purposes any felony, including very low level and non-violent drug possession and drug sale convictions. These convictions can very easily mount, making people who have never committed a violent or even assaultive felony against another person eligible for 10 years or more in prison.

As with South Carolina, North Carolina has a very high percentage of non-violent people in prison, which costs the state tens of millions of dollars, and deprives these people of freedom. Yes, we all agree drug use is bad. The question is whether someone should be in prison for 10 years for four drug possession or drug sale convictions.

Damon Chetson is a criminal lawyer Raleigh who helps people charged with serious felonies, misdemeanors, and DWI/DUI charges in state and federal courts in North Carolina. He can be reached day or night at (919) 352-9411.

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 prison?” 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.

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.

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.

Hurley’s pending appointment is bad news for social drinkers, motorists, and anyone interested in freedom of movement and less hassle on the roadways. Hurley is an anti-alcohol zealot, and a longtime proponent of just about any highway regulation that’s sold under the guise of public safety. He’s a supporter of primary seat belt laws, which allow police to pull motorists over solely for seat belt infractions. In addition to being a questionable use of law enforcement resources (people who don’t wear seat belts aren’t a threat to anyone other than themselves), primary seat belt laws have been criticized for giving police officers the pretext to engage in racial profiling, or to commit asset forfeiture abuse. Hurley has also supported the proliferation of red light cameras, despite studies showing that they’re little more than revenue generators for local government, and may actually cause more accidents than they prevent.

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.”