For the People: Bad Acting, Dumb Law
What a terrible show. Also, completely incorrect in almost every aspect of federal criminal law. The pilot episode: There are almost never term-of-years pleas in federal court (as one prosecutor makes the WMD client for “15 years”.) The plea is almost always to a charge, with some recommendations to the court (which it can ignore)…
Child Pornography Bust in Raleigh
WRAL is reporting a child pornography sting operation throughout the southeast. Eight people in North Carolina face charges of sexual exploitation of a minor. Given the multi-state enforcement of child pornography laws, it’s likely that the federal government is involved and this is part of a larger sting operation I’ve written about past child pornography…
Victory at Court of Appeals: Duress and DWI
We just won a major appeal at the North Carolina Court of Appeals in a Driving While Impaired case. We’ve had this case from day one, where our client was forced to drive away from a bar where a man had pulled a gun on him. The law provides that in cases where someone is…
Bill Cosby and 404(b): Uncharged Conduct
The New York Times reports that a Pennsylvania prosecutor retrying him on sexual assault charges wants to introduce allegations of uncharged assaults. At the first trial, ending in a mistrial, the judge excluded such testimony under Rule 404(b). The Times explains: Ordinarily, prosecutors cannot introduce evidence or accusations of prior bad behavior from other cases…
Manafort and Federal Bail
Paul Manafort, who served as President Trump’s campaign manager from the late fall to the summer, struck a deal yesterday with prosecutors that now lets him off house arrest. Under the terms of that deal, Manafort must post $11.65 million worth of assets in order to be let off house arrest. Under the proposal the…
Felony Drug Charges Reduced
We recently won a victory for our client by reducing felony drug charges to two misdemeanors with no jail time. Our client was the victim of a robbery and breaking and entering. Upon calling the police, our client was questioned about his own possible possession of drugs. Police suspected that the robbery was drug-related. Our…
Cooperating with the Feds
Former Trump campaign surrogate, advisor and National Security Advisor (for less than a month) Michael Flynn pled guilty today to 18 U.S.C. Sec. 1001, false statements to a federal agent, a felony. The agreement, worked out between his lawyers and the Government, requires him to cooperate with investigators working for Robert Mueller, the special counsel…
We Accept Bitcoin
Within a few weeks, we will be able to accept Bitcoin and potentially other crypto-currencies legally and securely. We have begun the application process with a company that permits individuals, institutions, and businesses to accept and pay in Bitcoin and that complies with federal law and IRS regulations. Bitcoin has been around since 2009 following…
Civil Asset Forfeiture Corruption in NY
Suffolk County prosecutors accepted “bonuses” paid out of civil asset forfeiture proceeds: Bonus recipients included deputy chief homicide prosecutor Robert Biancavilla, who received a total of $108,886 between 2012 and 2017, and division chief Edward Heilig and top public corruption prosecutor Christopher McPartland, who each received $73,000, according to records obtained from county Comptroller John…
Raleigh Criminal Lawyer
Facing a criminal charge is a daunting prospect, whether it involves an accusation against you or a loved one. The consequences can be harsh, including a conviction that can limit job opportunities, court costs, fines, community service, probation, and even prison time. Damon Chetson is one of only a few Raleigh criminal lawyers who has…
