First time offense marijuana possession charge, what can I do?

Asked almost 2 years ago - Wilmington, NC

I was pulled over for speeding and the officer smelled marijuana, i cooperated with them and received one citation for speeding and another for a 90-95(E) "Possessing less than a half ounce of controlled substance" (It was less than a gram) and 90-113.22(A) "knowingly possess drug paraphernalia." (my small glass bowl). The officers did an onsite dui test and I passed without any further issue. This is my first time offense and I have a court date in a month, what sort of regressions am I facing, and what can I do to remove or reduce the punishments. Thank you.

Attorney answers (4)

  1. James Whitfield Mcgee Jr

    Contributor Level 7


    Lawyers agree

    Answered . In NC you are eligible for a 90-96 or deferred prosecution for a first offense. Typically, you will have conditions laid out by the prosecutor such as drug classes, fines, court costs, and some community service. As a condition of the 90-96 you must stay out of trouble. The prosecutor will take a voluntary dismissal of your offense if you satisfactorily comply with the terms and conditions. Hire an experienced attorney, a drug conviction could cost you future employment opportunities.

  2. Jimmie David Gentle

    Contributor Level 12


    Lawyers agree

    Answered . Hire an experienced, aggressive criminal defense attorney in the area where you are being charged. A local attorney will give you the best chance of obtaining a favorable outcome, or possibly a dismissal. They know the Judges, prosecutors, and procedures the best.

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  3. Andrew Terence Hibbert

    Contributor Level 3


    Lawyers agree

    Answered . If this truly is your first ever criminal offense you should be OK. I do agree with the other attorneys who have previously posted in that you do need to speak to an attorney ASAP and I advise that you consult with and hire a private attorney. Because you have no record you are likely eligible to have adjudication withheld (if the case is not outright dismissed), which means it will not be a conviction and you can get your record sealed. Best of Luck.

  4. Benjamin J Lieberman

    Contributor Level 20


    Lawyers agree

    Answered . Get a lawyer to defend you. S/he can negotiate for the best possible outcome.

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