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Damon John Chetson
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Damon Chetson’s Answers

798 total


  • Is this legal?

    My family member was arrested for trafficking and charged in a criminal complaint. He then was indicted 9 months later for trafficking and conspiracy. he was never arraigned on the indictment for the conspiracy and it was never returned in open co...

    Damon’s Answer

    It's a complicated case apparently. It sounds like it's a federal case. People are prosecuted in federal court even though they may have never touched drugs, or even if the drugs were actually fake as part of a sting. Federal conspiracy law does not care about actual drugs so much as it cares about the putative weight in the conspiracy that could be attributed to the defendant.

    The issue with the complaint/information is confusing. You need a good criminal defense lawyer.

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  • How long does it take for an arraignment after he was arrested or does he have to wait for that?

    My partner was arrested in North Carolina for trafficking marijuana.

    Damon’s Answer

    In NC, a first appearance (not an arraignment) must occur within 96 hours of arrest or upon first district court session being conducted, whichever is sooner.

    Arraignment would occur either at a plea, or at an arraignment hearing shortly beige trial.

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  • Are they supposed to release him after not having within 72 hours

    My partner was arrested Monday for trafficking marijuana

    Damon’s Answer

    Assuming a bond was set, he is able to leave custody whenever the bond is posted to the clerk of court.

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  • What type of sentence will she face? Is there anything either of us can do? Will her first offender help any with these charges?

    My mother has been arrested for drug trafficking, intent to sell, possession and obstruction. She was caught with a pound of meth and a pound of Marijuana. Her bond currently is $500,000, there is no possible way for me to get her bailed out. She ...

    Damon’s Answer

    I don't have a copy of the sentencing chart, but a pound of meth is probably at least 15 years mandatory min in NC. There are three ways to avoid mandatory min.

    1. Substantial assistance ( cooperation with law enforcement )

    2. Plead to a lesser charge (which will depend on the quality of the states case)

    3. Win at trial

    These are very serious charges and you can anticipate a lengthy sentence if matters aren't handled properly. It really makes little difference about the persons prior record history. The crime itself is the issue.

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  • Can I fight this in any way shape or form and have positive results?

    I received my first offence of a DWI two years ago. I wrecked my truck into the trees on the side of the road and was thrown from the vehicle. Needless to say I was given a blood alcohol test. I put off the court date, but was informed that Ral...

    Damon’s Answer

    It sounds like you pled guilty to a DWI. If you knowingly waived your right to a court appointed lawyer, and knowingly pled, then even if you made a bad decision - pled without the state having proof - you are probably stuck with he outcome. This is why it makes sense to have a lawyer.

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  • What can i do to get him out of jail? How could this be possible without a written statement? As many answers you can give, the

    Me and my fiancé got into an argument and it got a little loud. I guess the neighbors called the law because we live in an apartment complex. When they came i talked to them and they happened to see a few marks that wasn't supposed to be there. An...

    Damon’s Answer

    He will be held in custody until 48 hours pass or a
    district court is in session, whichever comes first. As far as pressing charges, the state usually does not simply dismiss. If you are not subpoenaed and do not attend court, the ADA would probably need to dismiss because it would lack a witness.

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  • Would I be able to apply for a driver's license in MI if I got a dwi in NC 2 years ago?

    In April of 2014, I received a DWI in North Carolina. It was my very first driving offense, I have a completely clean record other than that.I paid all my fines and have met every requirement except for the interloche machine because I cannot affo...

    Damon’s Answer

    This question can probably be answered by a MI lawyer.

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  • Could he get a protective order against me and take my daughter when he doesn't do anything for her, he is lying.

    I live in N.C my husband has been having affair for almost 7 months he moved out 4 months ago because we kept fussing. He lives across the street with his brother, we have a 6 month old daughter. Now we have still been sleeping together. And he l...

    Damon’s Answer

    Mr. Metz has given a very detailed and accurate response.

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  • What are my rights? Can I object the subpoena? If not will I be compensated for travel and missing work?

    I recently received a subpoena for a case that happened two years ago. They would like for me to testify as a witness but I prefer not to. I have move on in life as it never involved me from the beginning. Being a recent college graduate and a mot...

    Damon’s Answer

    If properly served, you must at least attempt to quash the subpoena. If that fails, you'll have to appear. If you are a fact witness, compensation is minimal. You should not ignore the subpoena since doing so may result in you being held in contempt.

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  • What will happen at court?? I wasn't able to pay fines!

    Ordered to pay fines for misdemeanor poss. Paraphernalia, wasn't able to pay & was served a paper for a court date(12-16-15) at my home by a sheriff. Will I be able to get more time to pay? Will I go to jail?

    Damon’s Answer

    It would be helpful for you to have the money. If it is misdemeanor marijuana paraphernalia, there is no active sentence for you to serve although the judge could hold you in contempt.

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