Teacher-Student Sex and the Law

Posted on - Sex Offenses Lawyer Raleigh

It goes without saying that teachers having sex with students is a crime, no matter the jurisdiction. Even though the acts may be consensual as people normally think of the word, the law doesn’t recognize the consent as freely given and so consent is not a defense. In North Carolina, a teacher convicted of having […]

Fake Criminal Justice Reform

Posted on - Sentencing Guidelines

Federal sentencing reform is upon us, and the results are pretty depressing. First, some context: Federal criminal law is out of control, and has been since the mid-1980s for a combination of reasons. The advent of the Sentencing Guidelines which at first were mandatory, but have become advisory, took discretion away from judges and placed […]

How to Beat a DWI Checkpoint Case in NC

Posted on - Raleigh DWI Lawyer

DWI checkpoint cases are a thorn in the side of many a Raleigh DWI lawyer. Some defenses are not available in checkpoint cases as in other normal cases. But checkpoint cases are also unique in that there are specific requirements that do not exist for regular DWI stops. In a “regular” DWI, the officer needs […]

Factors in DWI Sentencing

Posted on - Raleigh Criminal Lawyer, Raleigh DWI Lawyer

One of the primary questions we get when someone has been charged with a DWI in Raleigh, NC or the surrounding areas is, “Am I going to jail?” While the answer to that question is usually, “No,” it is important to understand how DWI sentencing works in North Carolina. As has been discussed in other […]

How to Fix DWI’s in Wake County

Posted on - DWI

Wake County associated law enforcement officers charge and exorbitant number of DWIs each year. Most law and order folks are probably thinking, “Good, we don’t need drunks on the road.” But if you are one of the many that have been charged, you might be thinking, “The way these things are handled is not fair.” […]

Damon Chetson – Rising Star in Criminal Defense

Posted on - Uncategorized

Happy to announce that I've been selected for a second straight year as a Super Lawyer / Rising Star in North Carolina. I was selected in 2015 for the first time. And SuperLawyers.com, a division of the well-respected Thompson Reuters legal publishing company, has selected me again as a 2016 Rising Star. There are many […]

The Bail Reform Act’s Pernicious Effects

Posted on - Bonding

Pre-trial detention is among the most misunderstood and abused aspects of the criminal justice system. Whether a person is detained or not, and the conditions under which a person is released, often sets the stage for the outcome of the case. It is now widely understood that a detained person is far more likely to […]

Trust Accounting – TrustBooks to the Rescue

Posted on - General News

Trust accounting is a pain in the neck – the software options (until now) to keep your trust account reconciled are terrible. I’ve used Excel, because using Quickbooks to manage a trust account is cumbersome. But Excel is really prone to errors, including typos and miscalculations that lead to your trust account going out of […]

How Not to Cross-Examine a Witness

Posted on - Practicing Law

My friend Dan Alban, an attorney at the Institute for Justice, appeared earlier this month before the House Committee on the Judiciary, Subcommittee on the Constitution and Civil Justice, where he provided testimony on the state of property rights in American ten years after Kelo v. City of New London. The Kelo decision was an […]

ACCA’s Residual Clause Violates Due Process

Posted on - Federal Criminal Law

While most of the country was (understandably) in the thrall of the Supreme Court holding that gays must be afforded the constitutional right to marry last week, those of us who practice federal criminal law were pondering the implications of Johnson v. United States. Johnson asked the Court to consider the constitutionality of the Armed […]


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