Wake County is Fortunate, No Sheriff Joe Arpaio Here

On 01.10.10, By Damon Chetson

Wake County is fortunate not to have Sheriff Joe Arpaio. I used to live in Maricopa County, Arizona, which is Arizona’s most populous county and also home to Phoenix. Maricopa County is huge, about as large as the entire state of New Hampshire.

In the “incorporated” areas – Phoenix, Tempe, Glendale, Scottsdale, Mesa and so on – police departments for each municipality generally enforce the law. But there are large unincorporated parts of the county where the Maricopa County Sheriff’s Office is the law enforcement agency.

A similar situation exists in Wake County, where the sheriff’s office conducts investigations and patrols in unincorporated parts of the county. For instance, Wake County Police Department and Apex Police Department and the Raleigh Police Department handle their individual municipal areas. But the Wake County Sheriff’s Office (WCSO) patrols the unincorporated portions of the county, in addition to running the jails and detention facilities and providing deputies to keep order in the Wake County Courthouse.

Fortunately we don’t have Sheriff Joe Arpaio. Arpaio has run the Maricopa County Sheriff’s Office since the 1990s, and in that time has gotten a national profile by being tough on crime: for instance, he feeds them green bologna and makes them wear pink underwear. Ha ha, very funny.

Anyway, he’s also been accused of intimidating political opponents, intimidating judges, harassing journalists who write critical things of him. In sum, thuggish tactics.

Now the federal government is investigating Joe Arpaio on possible violations of federal law.

Attorney 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.

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DWI Stops in Raleigh, Wake County and Apex: Phase II Detection

On 01.09.10, By Damon Chetson

I’ve talked previously about how police officers need to have a reasonable articulable suspicion that a crime is afoot in order to stop a car traveling down North Carolina’s roads – in Raleigh, Wake County, Apex, for instance, or in any other part of Wake County.

Assume for a moment that the police officer has a valid reason or a reasonable articulable suspicion to stop the car. Does that mean that a driver accused of a DWI is sunk? No.

Just because an officer has enough legal grounds to stop a car does not necessarily mean that the officer has legal grounds to arrest the driver on a Driving While Impaired charge (DWI).

The prosecutor must prove that in the second phase of the police officer’s investigation he developed enough evidence to form a probable cause that the driver had been driving while impaired.

The National Highway Traffic Safety Administration teaches two major evidence gathering tasks at this point as part of the officer’s Phase II interaction with the driver. The first task is for the police officer to approach, observe, and interview the driver while still in the car to identify any impairment or intoxication face-to-face.

The officer will identify whether the person has bloodshot eyes, soiled clothing, fumbling fingers, alcohol containers, drugs or drug paraphernalia, bruises, bumps or scratches or whether the person is slurring his or her speech, admission to drinking, abusive language, etc.

The officer will also identify any smells – alcoholic beverages, marijuana, cover up of odors, breath-sprays, or unusual odors.

Next time I’ll talk about additional observations the police officer should record before validly arresting the driver.

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Challenging a Subpoena

On 01.09.10, By Damon Chetson

A subpoena is a legal request to either produce a person – for a trial or for a deposition – or to produce documents or other materials to the opposing party so that the other party can have time to examine those documents.

In North Carolina, subpoenas may be issued by an attorney, by a magistrate, a judge, or a clerk of the court. If you ever receive a subpoena, the first thing you should do is consider getting a lawyer. Why? Because you have a legal right to challenge a subpoena.

If the subpoena goes unchallenged, then you – generally – must comply with the terms of the subpoena.

But subpoenas can be challenged for all kinds of grounds. If the subpoena is too broad – asks for too much stuff that is not related to the criminal or civil case – it will be ruled over broad, and the presiding judge may quash (or strike) the subpoena, or may narrow its terms. If the subpoena asks for a great deal of stuff in a short amount of time, it may be deemed too burdensome for the person subpoena’d to comply.

If the subpoena asks for stuff that may be included in other, irrelevant, private, or confidential materials, the person subpoena’d may challenge the subpoena, and moved for it to be quashed. Or the court may order that the person turn the documents over to the judge in which case the judge will make an independent determination of what goes to the other party.

There are many reasons to challenge a subpoena, and you should talk to an attorney if someone or some agency has presented you with subpoena as soon as possible.

Attorney 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.

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What Constitutes Reasonable Articulable Suspicion to Initiate a DWI Stop?

On 01.05.10, By Damon Chetson

“Reasonable articulable suspicion” is the standard that an officer must meet in order to stop a vehicle. A officer must have a “reasonable articulable suspicion” that criminal activity is taking place. In this case, that a person is driving while impaired (DWI).

In State v. Battle, the North Carolina Court of Appeals wrote said that a reasonable articulable suspicion is a “brief investigatory stop,”

A police officer may conduct a brief investigatory stop of a vehicle, even though there is no probable cause for the stop, when justified by specific, articulable facts which would lead a police officer reasonably to conclude in light of his experience that criminal activity may be afoot… These facts and inferences must show a substantial possibility that criminal conduct has occurred, is occurring or is about to occur.

A reasonable articulable suspicion requires that the police officer have more than a hunch that something is going on. The facts upon which the officer makes his stop must be specific and he must be able to articulate those in a way that others can understand. For instance, he can’t just say “I just felt that the defendant was driving drunk” or “My gut told me that the defendant was driving drunk.” He must explain why he had the suspicion, and what gave rise to them.

In addition, these observations must be viewed in the context of the officer’s overall experience. An officer with 39 years experience is an officer who might be able to evaluate a situation much more easily than a rookie cop who can’t rely upon such extensive experience. As a consequence, a rookie cop will probably need to know many more articulable facts.

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What Clues Can Lead an Officer to have Cause to Stop a Car in North Carolina?

On 01.04.10, By Damon Chetson

Most DWI (Driving While Impaired) stops occur when a police officer sees a car that is motion. The officer may notice that the car is weaving, or that the driver is violating some other law: for instance, headlights are not operating, the car runs a red light, or the officer runs the plates and finds the car is out of registration.

The North Carolina Court of Appeals has established 24 DWI detection cues taught by the National Highway Traffic Safety Administration in State v. Bonds, 533 S.E.2d 855: 1) weaving, 2) weaving across lanes, 3) straddling a lane line, 4) drifting, 5) swerving, 6) almost striking a vehicle or object, 7) turning with a wide radius, 7) stopping problems (too far, too short, too jerky), 8) accelerating for no reason, 10) varying speed, 11) slow speed, 12) driving without headlights at night, 13) failure to signal a turn or lane change, 14) driving in opposing lane or wrong way on one-way street, 15) slow response to traffic signals, 16) slow or failure to respond to officer’s signals, 17) stopping in lane for no apparent reason, 18) following to closely, 19) improper or unsafe lane change, 20) illegal or improper turn, 21) driving on other than designated roadway, 22) stopping inappropriately in response to an officer, 23) inappropriate or unusual behavior, 24) appearing to be impaired.

Note that speeding is not one of the DWI cues recognized by the NHTSA, and therefore by North Carolina.

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Chief Justice’s Year End Report

On 01.01.10, By Damon Chetson

Each year by tradition the Chief Justice of the Supreme Court of the United States – the highest judicial official in the federal system – gives a year-end report in which he describes the work of the judicial branch to Congress. This year Chief Justice John Roberts wrote a report that indicates that the federal system saw the largest increase in criminal prosecutions in 80 years.

Criminal case filings rose 8 percent in 2009 over the previous year, and the number of defendants in the federal system set a record at nearly 98,000. “The number of criminal cases reaches its highest level since 1932, the year before ratification of the Twenty-first Amendment, which repealed Prohibition,” Roberts wrote.

He said the increases came in cases related to immigration, fraud, marijuana trafficking and sex offenses. Immigration filings climbed to record levels, mostly because of allegations of “improper reentry by aliens or fraud or misuse of a visa or entry permit,” according to the report.

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Requesting Limited Driving Privileges following a DWI in Wake County

On 12.30.09, By Damon Chetson

If your license was revoked at the time of a DWI arrest, you can request limited driving privileges from the court. This article explains how to get limited driving privileges at the Wake County Courthouse, which is where you’d need to go if you were arrested in Apex, Wake County, or Raleigh or other area of the county for a DWI.

Day Before You Get Your Limited Driving Privileges (Can be 9 days after your DWI arrest if your license was revoked for 30 days.)

Bring three packets of the following:

1. Limited Driving Privileges petition filled out
2. Seven-year Driving Record
3. DL-123 form from your insurance company
4. Substance Abuse Assessment from a treatment center
5. Any letter from an employer requesting additional hours.

Go into the clerk’s office in the Wake County Courthouse to the right of the metal detectors today and file them. The clerk will take two copies, and give you one copy.

Next court day at 11:00 am (10 days after your DWI arrest if your license was revoked for 30 days)

Bring three copies of the proposed Order – AOC CVR Form 10 – and $100 cash. Fill it out the order with your personal information before going into the courtroom, and the judge will fill out the appropriate privileges. Approach the DA and let him know you want to talk to the judge about requesting limited driving privileges and that you filed petition yesterday.

The judge will have you approach and may ask you some questions, but will probably grant you the privileges if you have the proper paper work. Have the judge sign all three copies of the Order.

The judge will hand the order to a clerk sitting next to the judge, who will then fill out additional information and have you sign each copy.

You’ll be told to pay the cashier who is behind a glass window outside of Courtroom 1A the $100 and return with a receipt indicating that you’ve paid. Then you will get a stamped copy of the order, which will allow you to drive pursuant to its terms.

The Order is valid for the next 20 days, and you must keep that with you while you drive.

Thirty days after your revocation (if your license was revoked for 30 days)

Bring $100 cash. Go to the Clerk’s office to the right of the metal detectors in the Wake County Courthouse. Explain you want your license back because thirty days have passed since its civil revocation. The clerk will find your file, and walk it over to a cashier in Room 119. You’ll pay your cash, get a receipt and your license back.

Attorney 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.

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Five (5) Things to Know About North Carolina Domestic Violence Law – Domestic Criminal Law

On 12.30.09, By Damon Chetson

If you’ve been involved in incident involving domestic violence in Wake County, NC, Raleigh, NC or Apex NC, you will want to consult with a Raleigh, Apex, or Wake County criminal lawyer who can help you navigate the criminal system and also any other ramifications the criminal problem may cause in your personal life. A lawyer should be sensitive not only to the criminal problems associated with domestic violence, but sensitive to the impact a domestic violence conviction can have on your personal and family life.

That’s because domestic violence is treated differently in North Carolina (and most states) from other kinds of criminal acts.

1) What is domestic violence?

Domestic violence in North Carolina involves cases in which the defendant is charged with assault, stalking, communicating threats, domestic criminal trespass, a violation of a Chapter 50B order, or various felonies upon a “spouse or former spouse or a person with whom the defendant lives or has lived as if married.”

2) How will the police treat a call involving a domestic violence matter?

Generally, a call involving a report of domestic violence will be followed by an arrest. In the olden days, police might respond to a call involving domestic violence, and simply tell both the husband and wife or boyfriend and girlfriend to take a break. Or the woman, who had been hit by her partner, would tell the police that it was “no big deal” and the police would leave the scene, only to be called back later in the evening when, usually, the husband or boyfriend had beat the heck out of the woman.

Beginning in the 1980s, aided particularly by women’s advocacy organizations, police departments around the country began to reform procedures. Today, many police departments operate under a “shall arrest” policy, which means that even if both the man and woman insist that everything is ok, someone will be arrested.

Sometimes the person who called the police will be arrested if the police believe that the person who called them instigated the fight.

3) How will the person arrested be handled in a Domestic Violence situation?

North Carolina has a special statute governing the pre-trial release of individuals accused of domestic violence-type crimes. First, the defendant will be held in custody for up to 48 hours or until seeing a District Court judge, whichever is sooner. This is different from the way defendants are treated where they may have committed a minor crime that does not involve domestic violence. In those cases, there is no mandatory detention. But in domestic violence situations, there is a mandatory detention until a District Court judge can hear the case, or 48 hours passes.

4) Will any special conditions be placed on a person released from custody in a Domestic Violence situation?

If a person is arrested on a domestic violence charge and the charge is minor and the person has no prior criminal record, the person may be eligible for pre-trial release. This means that the person must check in once a week with a member of the pre-trial release program. Otherwise, the person is free to go about his or her business. Or the person can post a bond, either himself or herself or through a bondsman.

In addition, the judge will impose a “no contact” order which requires the person to have no contact with the alleged victim. This will sometimes complicate a situation where the couple lives together, or where there are children involved who must be moved from household to household.

A “no contact” order can be lifted if either the alleged victim shows up at the First Appearance hearing where the District Judge and tells the District Judge that the victim does not want a “no contact” order imposed.

5) What can a lawyer do to help a defendant who has been charged with a Domestic Violence crime?

An Apex, Wake County, or Raleigh criminal lawyer can help a defendant navigate the criminal process, and also work with the defendant to try to minimize the impact on the defendant’s life and on the domestic situation. For instance, in some cases the couple is in the process of getting divorced. A criminal lawyer can help to keep the criminal situation from interfering with an otherwise amicable divorce. Most importantly, an Apex, Raleigh or Wake County criminal lawyer can help minimize the effect a domestic violence conviction can have on an individuals life, employment, and criminal record.

Attorney 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.

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Criminal Defense Lawyer Raleigh Location

On 12.29.09, By Damon Chetson

I’ve recently updated my Google Local listing for my criminal law practice in Raleigh. My office hours are generally from 8 am until 8 pm, but I often work later than that, and am available to travel to clients’ homes, especially if they have had their licenses revoked after a DWI arrest.

My location has ample parking, and I take a variety of various payment methods, including check, credit card, and PayPal. In addition, I have payment plans that allow clients to pay in affordable sums during the course of the case. Since most cases last a number of months, payment is usually not an issue.

Attorney 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.

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Reasonable Articulable Suspicion in a DWI Case – Raleigh, Apex, Wake County, NC

On 12.29.09, By Damon Chetson

DWI (Driving While Impaired) cases follow a pretty standard formula. Police make thousands of car stops a year in Wake County, and each stop resulting in an arrest for DWI or drunk driving in Raleigh, Wake County or Apex, NC generally follows the same pattern. Your DWI lawyer will probably follow this general approach in defending you against DWI/DUI charges in Wake County.

First, the officer must have a reason to stop the car. In many cases, the officer may observe illegal activity. For instance, if the car is speeding, that is a violation of the law, and the officer may stop the car to issue a ticket. Or the headlights have not been turned on. Or the light that is supposed to illuminate the license plate is not functioning. Or the tags have expired. These, and dozens of other infractions or criminal acts, may allow the cop to stop the car.

The officer then may issue a ticket. If the officer observes evidence of other illegal activity taking place, then the officer may conduct a further investigation, which must be brief, in order to determine whether there is additional illegal activity – in this case a DWI – taking place.

What other facts can tip the officer off that there is an ongoing DWI taking place? If he smells alcohol from the driver, or bloodshot or glassy eyes, soiled clothing, fumbling fingers, alcohol containers in the car. Or, if the officer asks the driver whether he’s been drinking, and the driver says “yes.” A combination of these factors can given the officer a reasonable, articulable suspicion (RAS) that the driver is committing an additional crime of driving while intoxicated.

A reasonable articulable suspicion is justified by “specific, articulable facts” which would lead a police officer “reasonably to conclude in light of his experience that criminal activity may be afoot.” State v. Battle, 109 N.C. App 367 (1993).

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Damon Chetson is an Apex, Wake County, Raleigh Criminal Lawyer who represents people living in Apex, NC charged with serious felonies, misdemeanors, DWI, DUI, traffic, and other offenses. If you're looking for a criminal lawyer in Apex, call Damon Chetson weekdays, weekends, evenings, or holidays, for tough, caring criminal representation.

DWI and Traffic Charges

The Chetson Firm Defends:

Drunk Driving/DUI/DWI
Limited Driving Privileges
Careless and Reckless
Speeding
License Revocation
Limited Driving Privileges

Felonies and Misdemeanors

The Chetson Firm Defends:

Sex Offenses
Drug Offenses
Drug Trafficking
Larceny (Theft, Shoplifting)
Assaults
Robbery and Theft
Burglary/Breaking & Entering
Domestic Violence