Disclaimer– Every criminal case is unique and their outcome is determined by many, many variables.  The cases presented on these pages are a sampling of past successes of the Matheson & Associates.  The potential for success in any particular case cannot be ascertained from the past results of an individual Law Firm.  The potential sentence for the listed cases is based on N.C. Structured Sentencing guidelines and are unique to each individual Defendant.  These cases are being provided as an example of the work that Matheson & Associates has completed for their clients and is not meant to guarantee a particular outcome for future clients’ cases.

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Case: North Carolina v. C.F.

Charge: Driving While Intoxicated
Potential Sentence: 6 Months in jail

Not Guilty verdict for the DWI, Guilty of Lane Violation
This case was a huge win for the Matheson Law Office.  This particular client had a very difficult case in that there was ample evidence to convict this client of a DWI. The Defendant was weaving when he was stopped, he failed his Field Sobriety Tests and ended up blowing a .13 BAC.  This Client had previously hired a very big name law firm in Raleigh to handle the case and two different attorneys from this firm told him he didn’t have a case and needed to plead guilty.  Determined to have his case heard in court, this client fired his big firm attorneys and hired the Matheson Law Office to take up his case.  Though it was not a strong case, there were issues with the Police Officer’s report from the arrest that Attorney Matheson exploited.  As a result, the Judge in this case agreed to suppress the Blood/Alcohol results, which left the State trying to convict this client under the ‘Appreciable Impairment’ part of the NC DWI statute.  Due to those same dependencies in his report, along with Attorney Matheson picking part the testimony of the Police Officer, the Judge found that the State failed to prove their case Beyond a Reasonable Doubt and found this client Not Guilty!  Needless to say this client was ecstatic with the results and the effort that Attorney Matheson put into the case.  In fact, after this particular trial, both the Judge and the Bailiff in this courtroom commented to Attorney Matheson how impressed they were with his representation in this case.

Case: North Carolina v. B.M.

Charge: Careless And Reckless Driving
Potential Sentence: 6 Months in jail

Not Guilty verdict for both charges at trial.
This Defendant was involved in a single vehicle wreck where they were seriously injured.  The Defendant was transported to the hospital where their blood was taken; the Defendant had a Blood/Alcohol Concentration of .14.  The State tried desperately to get evidence in during trial that our client was the driver in the vehicle.  Attorney Matheson was successful in multiple objections to impermissible testimony by the State Trooper.  As a result of Attorney Matheson limiting the State’s effort to enter evidence, the State failed to prove the Defendant was ever at the scene of the accident, let alone behind the wheel.  The Judge found the Defendant Not Guilty of both charges.

Case: North Carolina v. T.R.

Charge: Driving While Intoxicated
Potential Sentence: 6 Months in jail

Motion to Suppress Granted – Case Dismissed
For this case, the Defendant was stopped due to a tip that was called in about an ‘altercation’ that had occurred in the Defendant’s vehicle.  After observing the vehicle briefly, the police initiated a stop without first having reasonable suspicion of any criminal activity afoot.  Attorney Matheson filed a pre-trial motion to suppress the traffic stop, and therefore any evidence that was derived as a result of the stop.  After the State presented evidence to justify the stop, and Attorney Matheson argued that the stop was unconstitutional, the Judge ruled in our clients favor.  The Judge found that Attorney Matheson correctly argued that the Police Officer had no corroborative evidence of criminal activity and therefore should not have stopped the vehicle.  This Defendant’s DWI charge was dismissed and an expungement was filed so their record will be clean.

Case: North Carolina v. E.B.

Charge: Driving While Intoxicated
Potential Sentence: 6 Months in jail

Dismissal
In this case, the Defendant was stopped at a DWI Checkpoint where, after performing Field Sobriety Tests, the Police arrested the Defendant for Driving While Impaired.  The Defendant blew a .07, so the State was proceeding on the basis of ‘Appreciable Impairment.’  After Attorney Matheson filed pre-trial motions to challenge not only the checkpoint, but that the State lacked sufficient evidence to convict under ‘Appreciable Impairment’ the State elected to dismiss the charge against our client then to proceed to trial in a case Attorney Matheson was well prepared to defend.  The Defendant has now avoided the DWI conviction and is currently pursuing an expungement, which will result in a clean record for the Defendant.

Case: North Carolina v. D.C.

Charge: Driving While Intoxicated
Potential Sentence: 12 Months in jail
Hung Jury After Trial, State Dismissed Charge
Attorney Matheson spent over a year fighting for this client on their DWI charge.  This client originally had a trial in District Court for the DWI and violating a License Restriction requiring no Blood/Alcohol Concentration of .04 or more.  Because the State failed to get a Blood/Alcohol Concentration, Attorney Matheson successfully argued that, though the State got a guilty verdict on the DWI, the license restriction was proven beyond a reasonable doubt.
Attorney Matheson gave notice of appeal on the DWI and a trial was had in Superior Court.  Attorney Matheson argued that the State failed to prove that the client was ‘Appreciably Impaired’ as is required under the Statute.  After deliberating for several hours, the Jury could not reach a unanimous verdict and charges were dismissed.  Based on Mr. Matheson’s performance at trial, the State elected not to retry the case and our client avoided all charges.

Case: North Carolina v. K.B.

Charge: Driving While Intoxicated
Potential Sentence: 6 Months in jail

Dismissal
In this case, Mr. Matheson filed the appropriate pre-trial motions to challenge the Checkpoint in which his client was caught.  Due to the investigating officer leaving the force, the State was unable to proceed with the charges against his client since Mr. Matheson had filed the motions to challenge the Constitutionality of the checkpoint.  The state was forced to dismiss the charges against this client.

Case: North Carolina v. D.B.

Charge: Driving While Intoxicated
Potential Sentence: 12 Months in jail

Not Guilty Verdict on DWI, Voluntary Dismissal of No Operator’s License
Attorney Matheson was successful in arguing against the State’s attempt at introducing the Blood/Alcohol Concentration in this case. Without the evidence, the State was left to try and prove the Defendant was ‘Appreciably Impaired.’ Attorney Matheson successfully argued that the State failed to meet their burden of proof beyond a reasonable doubt that his client was Appreciably Impaired and that the State was unable to prove with certainty that the Defendant was actually driving the vehicle in question.
Because of his success, Attorney Matheson’s client has no criminal record and can proceed with their application for a Green Card.

Case: North Carolina v. M.M.

Charge: Careless And Reckless Driving
Potential Sentence: 6 Months in Jail
Dismiss DWI Charge, plead to Careless and Reckless Driving
After evaluating the State’s evidence, Attorney Matheson determined that the State would require the results from a Blood Draw to prove the Defendant was guilty of Driving While Intoxicated.  Attorney Matheson fast-tracked the case so that it was set for trial prior to the blood results coming back from the State Laboratory.  The State conceded they were unable to prove the Defendant was Driving While Intoxicated and therefore offered to dismiss the DWI charge for a plea on the Careless and Reckless Driving.

Case: North Carolina v. A.N.

Charge: Driving While Intoxicated
Potential Sentence: 6 Months in Jail
Dismissal
The Defendant was in a terrible accident where the Police drew the Defendant’s blood to determine their blood/alcohol concentration.  Attorney Matheson forced the State to continue the case or go to trial without the blood results.  Eventually, the State was not permitted to continue the case after Attorney Matheson successfully argued that the State’s Motion to Continue be denied.  The State was forced to dismiss the charge against the Defendant for lack of evidence.

Case: North Carolina v. S.S.

Charge: Driving While Intoxicated
Potential Sentence: 6 Months in Jail
Dismissal
After reviewing the State’s evidence against his client, attorney Matheson determined that the State would have a difficult time proving the charge of Driving While Intoxicated against his client.  By forcing the State to have all available witnesses present for trial, Mr. Matheson required the State to prove their case against client or dismiss the case.  At the time of trial, the State was not prepared and attorney Matheson successfully argued in opposition to State’s Motion to Continue, which the Judge agreed.  This forced the State to dismiss the charges against this client.

Case: North Carolina v. W.G.

Charge: Driving While Intoxicated
Potential Sentence: 6 Months in Jail
Dismissal
Attorney Matheson was successful in having this charge dismissed against his client.  Through Pre-Trial Motions, Attorney Matheson required the State to prove the Constitutionality of the Seizure of his client at a DWI Checkpoint which lead to his arrest.  At the day of trial, the State was unable to prove beyond a reasonable doubt the Constitutionality of the Checkpoint and therefore was forced to dismiss the charges against this client.

Case: North Carolina v. T.C.

Charge: Driving While Intoxicated
Potential Sentence: 6 Months in Jail
Dismissal
Through some legal maneuvering, Attorney Matheson forced the State to present their witnesses on the day of trial.  The State’s witness was unavailable and the Judge agreed with Matheson’s objection with State’s Motion to Continue.  The State was forced to dismiss the charges against our client.
 

Case: North Carolina v. R.H.

Charge: Driving While Intoxicated
Potential Sentence: 2 years in Prison, fine of $4,000
Plead Guilty, 7 days in jail (credit for admission to treatment facility), fine of $500 and court costs
Client had prior DWI conviction on their record and was driving on a Suspended Driver’s License.  Was able to plead the client in such a way that only one Grossly Aggravating Factor was entered against them and they were sentenced at a Level II instead of a Level I.  Client had expected to spend at least the next month in jail after sentencing but was able to walk out of the court without having to complete any jail time.

Case: North Carolina v. L.K.

Charge: Felony
Potential Sentence: 14 months in prison
Dismissal of Felony, Deferred Prosecution/Eventual Dismissal of rest
This client was originally charged with one count of Misd. Poss. of Marijuana and Poss. of Paraphernalia.  Before entering this client into a a Deferral Program, they received the two Felony charges and another Paraphernalia charge which would have prohibited them from entering into the original Deferral Program.  Upon examination of the case, Attorney Matheson found that the Traffic Stop which led to the Felony Charges was without Reasonable Suspicion.  This was discussed with the Prosecutor and all charges from this stop were dismissed.  This allowed the client to continue on the original Deferral Program which ultimately led to a dismissal of all charges.

Case: North Carolina v. D.B.

Charge: Injury To Personal Property
Potential Sentence: 12+ months in jail
Dismissal upon completion of Community Service and Substance Abuse Treatment
This client has previously hired the Matheson Law Office to handle other charges with great success.  After being convicted of several Felony Charges (not while Mr. Matheson was their attorney) the Defendant was on Felony Probation when they received the new charges.  Even though the Defendant admitted to the Marijuana that was found in his car, the State was going to have trouble proving the Defendant was present for the damage to the property and that the marijuana in his vehicle was, in fact, his.  Attorney Matheson convinced the D.A. to dismiss all three charges once the Defendant has completed 15 hours of community service and completed Substance Abuse Treatment.

Case: North Carolina v. H.S.

Charge: Accessory After The Fact To Robbery With A Dangerous Weapon
Potential Sentence: 83 Months in Prison
90 Days active sentence, 24 months probation.
This Defendant found themselves with the wrong crowd at the wrong time.  After a friend had robbed a bank, they came to the Defendant’s home.  Attorney Matheson’s client was arrested and serious drugs were found in her possession.  Even though the charges this Defendant faced were very serious, Matheson was able to negotiate a lenient sentence considering their limited involvement in the criminal activity.
 

Case: North Carolina v. M.B.

Charge: Misdemeanor
Potential Sentence: Probation, Community Service, Court Costs and Fines
Deferred Prosecution – Dismissal of all Charges
For this client, Attorney Matheson was able to negotiate with the District Attorney to enter the Defendant into a Deferral Program whereby, after successful completion of the program, the Client had no court costs or fines, no conviction, and is eligible for an expungement.

Case: North Carolina v. A.M.

Charge: Possession Of Marijuana
Potential Sentence: Probation, Community Service, Points on Driver's License, Court Costs and Fines
Deferred Prosecution/Eventual Dismissal
Attorney Matheson was able to negotiate with the Assistant District Attorney to dismiss the speeding charge and enter the client into a Deferral Program where his client, upon successful completion, will have the charges against them dismissed.

Case: North Carolina v. A.P.

Charge: Delay
Potential Sentence: Probation, Community Service, Court Costs and Fines
Deferred Prosecution/Eventual Dismissal
Entered client into Deferral Program where Defendant, upon successful completion of all requirements will have both charges dismissed against them.

Case: North Carolina v. W.M.

Charge: Misdemeanor
Potential Sentence: 45 days in Jail
Dismissal of Marijuana Charge, Prayer for Judgment on Paraphernalia Charge
Defendant had a several other drug charges before, some led to conviction.  Though the Defendant plead guilty to the Paraphernalia charge, Attorney Matheson requested a Prayer for Judgment Continued, which, though is an admission of guilty, is not the same as a conviction on their record.  Given the client’s record, the Judge was reluctant to grant the PJC, however Attorney Matheson plead for leniency for his client.  Matheson demonstrated to the Judge all that his client had done to address his drug dependency.  The Judge was persuaded by Attorney Matheson’s argument and granted the Prayer for Judgment Continued.

Case: North Carolina v. M.C.

Charge: Larceny
Potential Sentence: 240 days in jail
Not Guilty on Both Counts
This client was charged with stealing from a local retailer.  Due to a prior charge when she was a teenager, she was not eligible for any type of First Offender Program to avoid a conviction.  Knowing this, Attorney Matheson was determined to help her keep her record clean and took this to trial.  In this case, the State’s witness, the manager at the store, could not say with absolute certainty that this client actually took the items she was alleged to have stolen.  All he knew was there were a certain number of items she took into a changing room and when she left, there were less items left behind.  Attorney Matheson exploited this fact by having the State’s witness testify that he couldn’t say for sure that these missing items were not left behind somewhere else in the store before his client left the premises.  As a result, the Judge found this client Not Guilty!

Case: North Carolina v. J.G.

Charge: Felony
Potential Sentence: Over 133 years just for the Felonies
Plead to less then Half of all charges – Potentially Less then 2 years in in jail.
This client went on a crime spree where he broke into multiple vehicles and stole electronic items and money.  This Defendant sold or pawned some items taken and used debit/credit cards at local businesses.  The Defendant was accused of some of these transgressions while out on bond. 
After extensive negotiations with the District Attorney’s Office, Attorney Matheson was successful in negotiating a plea deal whereby more then half of all of these charges were dismissed.  The remaining charges were consolidated down to one Class G Felony, one Class H felony, and one Class I Felony.

Case: North Carolina v. M.M.

Charge: Injury To Personal Property
Potential Sentence: 120 days in jail, probation, fines
Dismissal
Defendant was charged (and had admitted to a State’s witness) with damaging another individuals vehicle by placing a substance in the gas tank of their car, causing it to require extensive repairs.  Even though the Defendant had previously been charged with misdemeanors, Attorney Matheson was able to negotiate a settlement with the State whereby the Defendant completed some Community Service and restitution and was able to avoid a conviction of this charge.

Case: North Carolina v. E.B.

Charge: Breaking And Entering
Potential Sentence: 180 days in jail, probation, fines
Dismissal
This client was accused of having forcefully entering the home of another, when the residents were not home.  This client was unable to afford an attorney and was appointed to Attorney Matheson.  Mr. Matheson took this case on and forced the State to produce any witnesses that could place his client at the scene.  The State was unable to produce the necessary witness and the State voluntarily dismissed all charges against our client.

Case: North Carolina v. C.B.

Charge: Larceny
Potential Sentence: Probation, Community Service, Court Costs and Fines
Dismissed
Attorney Matheson forced the State to produce their witnesses, which were necessary in order to convict his client.  The State was unable to have their witnesses present on the day of trial and were forced to dismiss the charges.

Case: North Carolina v. C.D.

Charge: Larceny
Potential Sentence: Probation, Community Service, Restitution, Court Costs and Fines
Dismissal
This case involved a client who was charged with stealing from a house they had previously rented.  During cross examination, Attorney Matheson was able to poke many holes in the alleged victim’s story.  Namely, the accuser struggled with identifying exactly what was taken, and in some cases, actually admitted to having located the ‘stolen’ items on a later date in the same home.  Attorney Matheson had done such a good job on cross examination, the Judge determined it was unnecessary for the Defense to present any evidence and granted Attorney Matheson’s Motion to Dismiss at the close of State’s Evidence.

Case: North Carolina v. C.S.

Charge: Larceny
Potential Sentence: Probation, Community Service, Court Costs and Fines
Dismissed
Client was charged with Larceny from a retail store.  Attorney Matheson forced the State to produce their witness against his client.  When the State was unable to produce the witness, they were forced to dismiss the charge against this client.

Case: North Carolina v. A.S.

Charge: Death By Motor Vehicle
Potential Sentence: 60 Days in Jail, Probation, Court Costs and Fines
Plead to Careless and Reckless Driving
Though this client was facing a potential jail sentence as a result of this charge, Attorney Matheson was able to negotiate a plea deal with the D.A.’s office where his client plead to the traffic charge of Careless and Reckless Driving, which carried with it a $100 fine and court costs plus some points on their license.

Case: North Carolina v. H.Y.

Charge: Exceeding Safe Speed
Potential Sentence: 5 points on Driver's License resulting in 120% increase to insurance for next three years
Dismissal all charges and plead to Unsafe Movement and no points on Driver’s License
Client was in a bad accident where they were speeding, lost control and hit the side of the house.  After negotiations with the Prosecutor, Attorney Matheson was able to have his client plead to a minor infraction called Unsafe Movement and was able to ensure his client would receive no points on their Driver’s License.

Case: North Carolina v. J.S.

Charge: Disruptive
Potential Sentence: 20 days in jail, probation, fines.
Dismissal
This client had gone to court four times by themselves, trying to resolve the case on their own, with no luck.  After hiring the Matheson Law Office, the case was dismissed on the very next setting.
This client was charge with the crime of intoxicated and disruptive.  Unfortunately for the State, the statute under which Mr. Matheson’s client was charged explains what constitutes “disruptive.”  Though the Defendant’s actions were certainly alarming, they did not fit under the definition of the Statute. 
The case was set last for the Defendant when he hired attorney Matheson.  Mr. Matheson went into court and explained to the District Attorney that they would be unable to convict his client of this charge as they couldn’t prove ‘Disruption.’  Though the Officer wanted this Defendant convicted, the State was left with no recourse but to dismiss the charge against our client.

Case: North Carolina v. B.D.

Charge: Open Container
Potential Sentence: 20 days in jail, probation, fines
Dismissal
This client as charged along with another for an open container of alcohol in their vehicle.  Since there was a single container, and two Defendants, the State was going to have trouble proving both parties responsible for the container.  Attorney Matheson convinced the District Attorney handling the case to dismiss the charge since they couldn’t prove his client was responsible for the open alcohol container.

Case: North Carolina v. K.E.

Charge: Simple Assault
Potential Sentence: Probation, Community Service, Court Costs and Fines

North Carolina v. K.E.

Dismissed
Attorney Matheson negotiated a dismissal of this charge against his young client upon the completion of some agreed upon community service.  The Defendant originally did not qualify for a Deferral Program, but through negotiations with the Assistant District Attorney and Charging Officer, a deal was reached.

Case: North Carolina v. P.B.

Charge: Consumption Of Alcohol By Person Under The Age Of 19
Potential Sentence: Probation, Community Service, Court Costs and Fines
Dismissal of Charge
Attorney Matheson successfully negotiated the dismissal of his client’s charge.

Case: North Carolina v. R.M.

Charge: Consumption Of Alcohol By Person Under The Age Of 19
Potential Sentence: Probation, Community Service, Court Costs and Fines
Dismissal
Mr. Matheson negotiated with the Alcohol Law Enforcement Agent and the District Attorney for his client to perform some community service in exchange for a dismissal of the charges.  The client’s charge has now been dismissed and will reflect so on their record.

Case: North Carolina v. J.E.

Charge: Assault On A Female
Potential Sentence: 270 days in jail
Dismissal of False Imprisonment, Appealing verdict on Assault on a Female
Client was charged with Assault on a Female and False Imprisonment when they attempted to restrain a woman who was attempting to take his vehicle.  Upon completion of the District Court Trial, the Judge agreed with Attorney Matheson that the State failed to prove the False Imprisonment.  Matheson is appealing the guilty verdict on the Assault on a Female to Superior Court for a Jury Trial.

Case: North Carolina v. J.B.

Charge: Assault With A Deadly Weapon
Potential Sentence: 60 days in jail
Dismissed
This case involved a client who was defending themselves against an attack by the accuser.  The accuser was also charged in this fight.  After discussing the self defense claim with the District Attorney and the other Defense Attorney involved, the Prosecutor agreed to dismiss the charge against our client.

Case: North Carolina v. J.F.

Charge: Communicating Threats
Potential Sentence: 60 days in jail
Dismissed
This case involved a fight between my client a their former spouse and the former spouse’s new fiancé.  The client was able to secure an audio recording of the exchange and Attorney Matheson was able to use it, along with the testimony of the investigating Police Officer to convince the District Attorney the case was not worth pursuing.