Damon John Chetson's Answers (793)

Archived

After being convicted of a crime, you violate probation, can you be retried for the case as if starting over from the beginning?

Damon's answer | Answered on September 05, 2012

As the other attorneys explained, a probation violation hearing is not a retrial on the issues. The PV hearing is a hearing on whether there is...

Archived

What are the fines and penaltys for a bui in NC

Damon's answer | Answered on August 31, 2012

NCGS 75A-10 makes it a Class 2 misdemeanor. Upon first offense, fines and possible probation are the sanctions.

Archived

I finished the First Offender Program if I go to get a background check will it be clear?

Damon's answer | Answered on August 31, 2012

If you completed the First Offender program, the charges should've been dismissed. You or your lawyer would've had to take the separate step of...

Archived

Tomorrow is my 16 yr old son's court hearing for marijuana possession up to 1/2 oz. When he was arrested and taken to the local

Damon's answer | Answered on August 30, 2012

The only time Miranda rights need to be read is if someone is subjected to a CUSTODIAL INTERROGATION. If your son was in custody, but not...

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I have a fta in one state for trafic violation and now im trying to get my license in another state will i be arrested

Damon's answer | Answered on August 30, 2012

You probably won't get arrested, even if there is an Order for Arrest out for you in the other state. State's generally do not bother with OFAs...

Archived

I was buying percocets, got pulled, and they only charged me w/ sch4 can they bring up the percocets after writing the ticked ?

Damon's answer | Answered on August 30, 2012

Yes. They can charge you with a MISDEMEANOR within 2 years of the offense date, and a felony at any point. There is no statute of limitations for...

Archived

What kind of charges could be put on someone who attended a party at a house where the owners were not present?

Damon's answer | Answered on August 30, 2012

Potentially you're looking at misdemeanor breaking and entering, or a trespassing charge. It would be tough to prove that, though, because case...

Archived

If i am being charged with harassing someone through texts how far can the consequences go?

Damon's answer | Answered on August 30, 2012

The previous charge may affect the disposition of this charge because the DA in this current case may be less likely to offer you a deferred...

Archived

Can I get a felony charge expunged in the state of North Carolina?

Damon's answer | Answered on August 30, 2012

First, if you're over the age of 16, you are always an Adult for criminal purposes in NC. Second, you may be eligible for an expungement if it...

Archived

Over 11 years ago I had completion of sentence for drug felon charges in NC, can I owe gun of any kind in NC single mother alone

Damon's answer | Answered on August 30, 2012

No. NCGS 14-415.4 governs restoration of firearms rights. You have to wait 20 years. You have to have been convicted of a single non-violent...

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