Skip to main content
Elliot Sol Abrams

Elliot Abrams’s Answers

5 total

  • 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?

    I turn 21 this December (2013) and I plan on applying for a CCW to lawfully conceal carry in the State of North Carolina. In November of 2012, I was charged with simple possession and drug paraphernalia. My lawyer is going to try to have my case d...

    Elliot’s 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 concealed carry permits - http://www.guilfordcountysheriff.com/index.php?option=com_content&view=article&id=77&Itemid=279 - and here - http://www.wakegov.com/sheriff/divisions/Documents/Dos%20and%20Donts.pdf - is some additional information about what the permit allows you to do.

    Best of luck.

    Sincerely,
    Elliot Abrams
    Cheshire Parker Schneider & Bryan, PLLC
    133 Fayetteville Street, Suite 500
    Post Office Box 1029
    Raleigh, North Carolina 27602
    Tel: (919) 833-3114
    Fax: (919) 832-0739
    www.cheshirepark.com

    See question 
  • Who and where do I apply for a certificate of release in north carolina

    I was convicted of several counts of possession with the intent to sell and deliver cocaine

    Elliot’s 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 judge if the convictions were in superior court and the chief district court judge if the convictions were in district court. These judges may delegate their authority to hold hearings and issue, modify, or revoke certificates of relief to other judges or to clerks or magistrates in their district. The procedure for the filing and hearing of the petition, such as the giving of notice to the district attorney’s office, is described in new G.S. 15A-173.4. See also G.S. 15A-173.6 (requiring the victim witness coordinator in the district attorney’s office to give notice of the petition to the victim).

    3) [you] must establish certain matters by a preponderance of the evidence, including that twelve months have passed since the person completed his or her sentence, that the person is engaged in or is seeking to engage in a lawful occupation or activity, and that the person has no criminal charges pending."

    Here - http://www.nccourts.org/Forms/Documents/1273.pdf - is a link to the AOC (Administrative Office of the Courts) form for Certificates of Relief. Read through the Findings of Fact section to see if your case satisfies all of the requirement.

    I hope this helps, and best of luck.

    See question 
  • If growing psyliocybin cubensies what is the punishment? Is the mycelium itself illegal?

    I know that having the mushrooms is illegal. But what if you don't have the mushrooms and just the mycelium? Also as far as punishment. Do they go by the weight of the mushrooms?

    Elliot’s 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.

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

    my girlfriend needs a good attorney! she is very unhappy with her public defender & has her first court date on the 31st! However we cant afford an attorney outright only have a couple hundred dollars down can anybody refer us to an attorney that ...

    Elliot’s Answer

    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 life, and while it is understandable that she feels neglected, since she has not yet been to court she should wait it out.

    If she simply cannot deal with her public defender, for whatever reason, she needs to understand that these cases are often complex and she will likely have to spend a decent amount of money to hire a private lawyer to handle the case.

    I hope this helps, and I wish her all the best.

    Sincerely,
    Elliot Abrams
    Cheshire Parker Schneider & Bryan, PLLC
    133 Fayetteville Street, Suite 500
    Post Office Box 1029
    Raleigh, North Carolina 27602
    Tel: (919) 833-3114
    Fax: (919) 832-0739
    www.cheshirepark.com

    See question 
  • First offense, possession with intent to distribute marijuana , seventeen year old, Wake Co., NC

    My son was caught through a "snitch", along with his friend, inside a vehicle, in our neighborhood. He had 9 g along with parapenalia. The "snitch" was with them at the time, also partaking in the smoking.

    Elliot’s Answer

    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 to sell element. Other factors may also prove this element, such as packaging, labeling, or storage of the substance in a manner indicative of an intent to sell; or the defendant's activities, presence of cash, or the presence of scales or other drug paraphernalia suggestive of such an intent.

    I suggest that you hire a lawyer to handle your son's case. A lawyer will be able to analyze the specific facts of the arrest and determine a proper course of action. I wish you and your son all the best.

    See question