Raleigh Drug Cases | Why Not to Trust Drug Tests

So, I realize it's been a while since my last blog post to the Raleigh DWI Attorney Blog. September was a hectic month and I really could not find time to breath. In truth, I'm still crazy busy with all of the Raleigh DWI Charges and Raleigh Criminal Charges I'm handling, but a recent article coming out of Boston warranted a blog post like no other. As covered by CBS and other news affiliates, a recent scandal at a Crime Lab in Massachusetts deals with a crime lab chemist who falsified test results. These results were not from tests to determine air quality or the impact of drilling on local streams or rivers. No, these results were from tests of potential drugs that were submitted to the STATE CRIME LAB to determine whether the individual in possession of them was, in fact, violating the law. What this means is, there are individuals who could currently be serving time for crimes they may not have committed. Now, certainly reading this, one would think it was likely some isolated incidents which were quickly discovered and rectified. In reality, this individual was a State Crime Lab Chemist for 9 years and tests over 60,000 drug samples. Well, it could be argued that perhaps there were simple mistakes made and not the intentional conduct of a State employee who could impact the conviction of every day citizens, right? Nope, this individual admitted to altering tests, going so far as to adding cocaine to some samples that came back as negative. Well, certainly her supervisors cannot be held accountable for her actions, how could they have known what she was up to, right? Well, where a normal Chemist in this office averaged processing 150 samples a month, this individual was processing 600. In fact, the staff at this State Crime Lab had nicknamed her 'Superwoman' for her ability to get so much done. Now, certainly the mistakes of an individual in Massachusetts does not impact those who are charged with violating North Carolina Drug Laws here. However, this situation goes to show that the system is imperfect. Where some may be quick to chastise someone charge and/or convicted of a North Carolina Law, they need to understand that our justice system is still a system designed, orchestrated and maintained by humans, who are prone to error. So, before you pass judgment on an individual under these situations, understand that there is the possibility that they are in fact innocent of the charges they face. If you are facing a Raleigh Misdemeanor Drug Charge or Raleigh Felony Drug Charge, contact the Matheson Law Office for a free consultation.

Raleigh DWI Defense | Understanding YOUR Case

So, today's Raleigh DWI Attorney Blog focuses on some of the fun questions I get as one of the Raleigh DWI Defense Lawyers in the area. As a practicing attorney, it is common place for people to approach you and ask for my thoughts on their case (or their friend's case, cousin's case, etc.). I also enjoy the hypothetical that comes with the position as well (what if......). Hypothetical questions are always fun because the person asking is usually looking for a professional view on a fictitious scenario and therefore has less at stake. However, for those that approach me about their Raleigh Criminal Charges, Raleigh DWI Charge or Wake County Traffic Ticket, they are very concerned about the outcome and therefore want me to give the best case options they have available to them. Normally, when speaking with the individuals, I have no problem sharing with them my opinion on how the case would be handled and what outcome I believe they could expect. What can become frustrating very quickly is when they questionor starts sharing with me what they have heard from friends and family. All-to-often, their cousin's friend's girlfriend had this exact charge dismissed. Or their Aunt in Wyoming faced something similar and the she got a slap on the wrist. It can be very difficult explaining to someone how those cases can be (or more often then not, are entirely) different from their current case. See, the reality of traffic, DWI, and Criminal Defense is there are so many variables that play into the outcome that any one individual's outcome can be entirely different from the next, even if they are in the same county. It's like asking why your surgery recovery time was different then someone 20 years younger then you who had the same surgery (or worse, had a different surgery). Being an Attorney, like most any other professional, requires an refined understanding of many minute variables which can impact the outcome of any one endeavour. For the practice of law, some of the more obvious are the State and county in which the charges were brought, the laws governing them, the prior criminal record of the Defendant, the District Attorney handling the case and the Judge if there is a trial. What a lot of people don't realize is there are many, many more factors that play into any one case. Who brought the charges, where there problems with the evidence, where there problems with the stop, what about any searches, any witnesses, are the witnesses for the State competent, are the present, etc.? As example, I provide free consultations for people calling about their Raleigh DWI charges, or any other North Carolina Criminal Charges or traffic tickets they received in the Research Triangle Area. The most popular by far are the North Carolina DUI/DWI Charge calls. Whenever I provide the potential client a case evaluation, I always tell them that I am making my best educated guess based on the facts as they have conveyed them to me. However, I won't know anything for sure until I have had an opportunity to speak with the Police Officer and take a look at their notes. I do this because, what the Defendant may remember about that night can be different then what the Officer remembers, and the Officer's Testimony is usually the one I have to work with (because putting a Raleigh DWI Defendant on the stand will lead to cross-examination about them drinking and driving and that hurts our case). In addition to someone else's experience with the same or similar charges, the other part of this is that of what other family or friends are telling the individual how the case should be handled. I always enjoy hearing what people with no prior legal experience are telling these individuals about the lawfulness of the Police Officer's conduct or how the case should proceed to lead to an out-right dismissal of charges. The reality is, you speak with an attorney about your case because they have an extensive education and (hopefully) experience in this area and can properly advice you about your individual case. So, this blog is dedicated to those who want legal advice but are letting what other people tell them influence their expectations. If you are facing charges in North Carolina, or anywhere else for that matter, speak with a local attorney about your case. If you have received charges in the Research Triangle Area, contact the Matheson Law Office today at 919-335-5291 for a free consultation.

Raleigh Criminal Defense | Marketing Tactics

So, today's Raleigh DWI Blog is going to have less to do with the practice of defending someone facing a Raleigh Speeding Ticket, Cary DWI Charge or any other North Carolina Criminal Charge and more to do with the actual practice of running a criminal defense law firm (though really, this semi-rant can apply to any legal field and likely any other professional field). As I have launched the Matheson Law Office, Pllc, I have grown my practice in many different ways since first preparing to launch the business 2 years ago. One of the things that I and my staff focus on, as do anyone else running a small business is marketing. Marketing is where it is at when it comes to getting a business off the ground. Without a client base, all other preparations will fall apart. And, just like the time I spend marketing to my client base, I receive calls and emails from those marketing their services to me. In most instances, those that reach out to me are trying to sell me on a marketing product of theirs that is suppose to grow my business. They promise more contacts from those seeking Raleigh DUI Lawyers or to refer those individuals to my practice when contacted by them. I am certainly happy to entertain the speech on what their products are. If I feel they are selling something that is worthwhile to my practice, then I'll invest in it, if not, then I politely decline. What has become apparent to me is the level of deceit that is utilized by many of these operations. The most common one I get is when a company calls me telling me they work for so-and-so attorney in some other State and has some potential clients facing Raleigh DUI Charges and seeing that I am a Raleigh DWI Attorney, they want to refer me the work. Automatically, I know to inquire exactly who it is they work for, the specific name of the company. In every instance so far, they eventually (some take longer then others) admit that they work with a private company selling the referrals and only mentioned the so-and-so attorney as one of their clients. In reality, these companies have secured a valuable domain name (i.e. a web address that someone may type in when looking for representation in my area) and have established a website specific for referring clients nationally to attorneys in their areas. My frustration with this is with the misrepresentation that the referral is coming from another attorney. You see, it is common practice for attorneys to refer cases to other attorneys if the case is not in their geographical area or not in their practice area. So, there could be an attorney in Florida who found me on the web and wants to refer me a client of theirs who got Raleigh Misdemeanor Drug Charges. So, for those who don't inquire, they may actually sign up for this program thinking they are legitimate attorney referrals. Recently, I dealt with a twist on this concept that I found frustrating. I was contacted by a gentleman who claimed he worked for Apple and they were developing Apps to be used on the Iphone and Ipad for DWI and DUI charges. He wanted to set up an interview with one of their sales people to see if I 'qualified' to serve as an attorney the App referred to. I specifically asked this guy the name of the company he worked for and he said "Apple." I asked, as in Apple Computers and he said yes. So, extremely weary of this, I set an appointment for them to contact me today. Aside from the fact the call came over an hour late, I decided to take the call. During his speech, I picked up phrases like "work with Apple," "approved by Apple," etc. So, I asked him specifically what is his company's name, and he told me something like 'The App Store Development.' I asked what his affiliation was with Apple, and he told me they were a subsidiary of Apple. So, I asked him to elaborate on that. He went on to explain that there was an Apple Office down the street from them and that Apple gives them a heads up with new developments and how they were specially licensed by Apple to develop these Apps in certain areas. I asked how they were different from individual developers who make Apps and he told me that they had a 'premium license' with Apple and explained all that it means. So, I asked him whether his only affiliation with Apple was that his company carried a premium license for App Development, and he said that was correct. Needless to say, I told him that I found the sales tactics deceptive and misleading. I'm certain if someone wanted to go through the trouble of following through with it, there is a Deceptive Trade Practices Act violation in there somewhere, but honestly, not like much would come from it. Now, in reality, there is an allowable amount of 'puffery' when it comes to marketing. Certainly a turn-of-phrase or focus on the good and not the bad is all part of successful marketing. But that differs from an outright misrepresentation of the truth. For any attorneys out there that may read the Raleigh DWI Attorney blog, be very weary of these types of calls. Honestly, I find it humorous that one of the markets they focus on is an industry built on individuals who are inherently weary, untrusting and inquisitive. Unfortunately, this being the modern age, I'm certain there are members of the Bar who are older and not as familiar with the practice of internet marketing who may get taken for a ride.

Raleigh Criminal Court | Missing Your Court Date

Recently, I was in a North Carolina District Court where I was having a discussion with a Judge regarding those Defendant's who have missed their court dates. As one of the Raleigh DWI Attorneys and Raleigh Criminal Lawyers, I handle this type of matter more then I would like. You see, when a Defendant misses their court date, a North Carolina Criminal Defense">North Carolina Failure to Appear will be marked on the 'shuck' (the envelope which contains the Defendant's paperwork) which carries with a $200 fine. After a few weeks, for most matters (the exceptions being minor traffic matters) an 'Order for Arrest' will be issued at which point the police can arrest the Defendant and bring them before a Magistrate where a bond may be set, which would have to be paid before the Defendant could get out of jail. Additionally, the court will notify the DMV of the Failure to Appear, and after notice is sent out to the Defendant, their license will eventually be revoked. Unfortunately, for clients of mine who have been charged with North Carolina Driving While License Revoked, it was a result of a missed court date and they were unaware that their license had been revoked. If they are convicted of the Driving While License Revoked, their license will be suspended for one-year. So, something as minor as a seatbelt ticket can result in court costs and fines from that ticket, costs and fines from the new Driving While License Revoked ticket, $200 FTA fee, and potentially having your license suspended for a year. As you can see, the judicial system takes very seriously a Defendant's court date. They take it seriously because it would be too detrimental to do otherwise. If they didn't take a hard line requiring the Defendant's attendance, then some individuals would abuse the system. That being said, I feel there could be more consideration taken to those who honestly couldn't make it to court. Though a Raleigh Traffic Ticket, Raleigh DWI Charge or Raleigh Criminal Charges are very serious, it is likely not the only thing in the Defendant's life for which requires their attendance. I believe the court tries to strike a balance by considering Motions for a new court date, but the court seems less receptive to most explanation short of a medical and/or family emergency. "But, what if I can't make it that day?" Well, in many cases, the court doesn't really care. If there are legitimate emergencies which prevent a Defendant from coming to court, then the court may continue the matter, but only with the representation of an Attorney to stand in for the Defendant. Additionally, if a Defendant does miss a court date, they have the option of filing a motion for a new court date, at which point, the Judge may or may not grant that motion. If not granted, the Defendant is left with little option but to turn themselves in. This can be a very serious matter and therefore a Defendant should do everything they can do appear in court and if not, speak with the Raleigh Criminal Defense Lawyers who represents them BEFORE THEIR COURT DATE! Disclaimer - Information and advice offered in this article is for informational and educational purposes only and is specific to North Carolina law. The viewing, receipt and/or exchange of information from this article does not constitute an Attorney-Client Relationship. For assistance regarding your particular legal question speak with an Attorney practicing in the field from which your questions derives.

North Carolina Criminal Law | Catching a Break

Well, it's been a bit, but I am back to posting on the Raleigh DWI blog (hopefully a little more often then lately). I wanted to share with those that follow my blog about some sound advice that, for some reason, can sometimes fall on deaf ears.

Though I enjoy my practice as a Raleigh DWI Lawyer and Raleigh Criminal Lawyer, recently I have been attempting to take on more juvenile cases. This interest in helping the youth of our society has been something I have had an interest in since High School. Even back then, I volunteer as a Teach Assistant to a second grade class while I was a Junior in High School. I also volunteered as a 'Big Brother' to a young man in my community who was going through a tough time.

Not too long into my career as an Attorney, I decided that I wanted get back to giving back to our community by volunteering with youth focused programs. I actively participate with the Capital Area Teen Court Program as well as the North Carolina Bar Associations Lunch-with-a-Lawyer program. Through my participation with this program, I realized I could be doing more by trying to focus a part of my practice to representing juveniles and young adults facing their first offense.

Most of my cases stem from North Carolina Marijuana Possession, property crimes, and other minor misdemeanors. I make it a point to discuss with my clients the seriousness of their charges and what it is they could potential face if convicted, including what it will mean for the future.

In most cases, I can normally arrange my client to participate in some form of a first offender's type program which can lead to the charges ultimately being dismissed against them. These potential dismissals should serve as a wake-up call to my young clients as to the 'bullet' they just dodged and I encourage them to stay on the right path (which is also a requirement while they are participating in these programs).

Recently, I had a client who hired me after being charged with Misdemeanor Possession of Marijuana and Misdemeanor Drug Paraphernalia. I had made arrangements for this client to participate in my beloved Teen Court, which would have led to having her charges dismissed. Three weeks after hiring me, I received a frantic call over the weekend. My client was not only arrested with more Marijuana, but the levels were such that she faced two Felonies and another Misdemeanor charge.

Obviously, my client was upset, as was her mother. Though my client now faced some serious consequences which could have serious ramifications on the rest of her future, I was able to get both felonies and the new misdemeanor dropped after discussing the case with the D.A. (there was some issues with the stop).

I guess this blog is just a reminder to those out there who may have caught a break and were able to get a sweetheart deal in criminal court to not mess up again as it is not nearly as easy to avoid new charges once you have gotten out of some before.

Good luck out there!