Elliot Sol Abrams’s Answers

Elliot Sol Abrams

Raleigh Criminal Defense Attorney.

Contributor Level 3
  1. First offense, possession with intent to distribute marijuana , seventeen year old, Wake Co., NC

    Answered over 1 year ago.

    1. Elliot Sol Abrams
    2. Fred B. Amos II
    3. Karl E. Knudsen
    4. John Paul Thygerson
    4 lawyer answers

    There is an important difference between possession with intent to sell and deliver (PWISD) and simple possession. Possession of 9 grams of marijuana is a Class 3 misdemeanor, and under NCGS 90-96(a), as a first time offender, your son would likely be eligible for a conditional discharge of the simple possession charge. Possession with intent to sell and deliver is a significantly more severe charge, constituting a Class I felony. Evidence of an actual sale is enough to prove the intent...

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Is there an attorney that can help my girlfriend on a payment plan? Her charges are optain script by fraud & trafficking opium

    Answered over 1 year ago.

    1. Elliot Sol Abrams
    2. Patrick Owen Earl
    2 lawyer answers

    As Mr. Earl stated, it is generally a good idea to try to work with the public defender that has been appointed for the case. Of course, this is not always possible, but public defenders are generally very good lawyers. Public defenders are also usually overworked, however. They see so many cases each week that sometimes people feel that they are not taking their case seriously. Usually, this impression is wrong. Your girlfriend's case is certainly the most important thing happening in her...

    2 lawyers agreed with this answer

  3. I was charged with two drug misdemeanors in the state of NC and I was wondering if it will affect my ability to receive a CCW?

    Answered over 1 year ago.

    1. Elliot Sol Abrams
    1 lawyer answer

    Under both state and federal law, NCGS 14-404(c)(3) and 18 USC 922(d)(3), it is unlawful for an "unlawful user" of marijuana to possess a firearm. If your charges are dismissed and expunged, you may be able to get a concealed carry permit, but you may not illegally use any controlled substance in the future. Here - http://www.wakegov.com/sheriff/divisions/Documents/ConcealedHandgunPermit_Application.pdf - is the permit you will have to fill out. Here is the Guildford County website on...

    1 lawyer agreed with this answer

  4. Who and where do I apply for a certificate of release in north carolina

    Answered over 1 year ago.

    1. Elliot Sol Abrams
    1 lawyer answer

    According to the UNC School of Government blog post, http://nccriminallaw.sog.unc.edu/?p=2765, to be eligible for a certificate of relief under N.C.G.S. 15A-173.2: "1) [You] must have been convicted of no more than two Class G, H, or I felonies or misdemeanors in one session of court and have no other convictions for a felony or misdemeanor other than a traffic violation. 2) [You] must petition the court in which the convictions occurred—specifically, the senior resident superior court...

  5. If growing psyliocybin cubensies what is the punishment? Is the mycelium itself illegal?

    Answered over 1 year ago.

    1. Elliot Sol Abrams
    1 lawyer answer

    If the mycelium contains either psyliocybin or psilocin then it is illegal to possess it. Simple possession of a substance containing these chemicals is a Class I felony, exposing a first offender to probation with the potential of going to prison for well over a year if he or she violates probation. More likely, however, growing mushrooms would constitute "manufacturing" a Schedule I controlled substance, which is a Class H felony and could result in an active prison sentence.