I received a citation for possession of a half ounce or less along with a paraphernalia charge. i am 20. with no prior offenses.

Asked about 1 year ago - Holly Springs, NC

what should i do to get this expunged.minimized and how much would a lawyer cost in my area..i cannot have this on my record because of all i have going for me. im also in college. work 3 jobs. over the summer and 2 at school. I'm finishing up my last year of college and i compete on a team. i am also currently training for a bodybuilding competition. i am a good kid. and do not smoke often. and once again had no prior charges. any advice or help?

Attorney answers (5)

  1. Matthew Vernon Silva

    Contributor Level 15

    4

    Lawyers agree

    Answered . Get an attorney to help you with a 90-96. After a little community service and probation, you can have the charges dismissed. After the charges are dismissed, you can hire an attorney to expunge the charges. I don't know how much an attorney charges in your area, but don't save money on legal representation . . . hire the attorney who seems to know the most.

    The information provided by Attorney Matthew V. Silva is based upon the generic and ambiguous facts presented in... more
  2. George Wilmarth Nickel III

    Pro

    Contributor Level 10

    1

    Lawyer agrees

    2

    Answered . As a first offender you have a lot of good options available to resolve your case in a way that will lead to a dismissal which can later be expunged. I practice in Wake County and would be happy to speak with you about your case. You can contact me through avvo.com if you'd like a free consultation.

    Raleigh criminal defense lawyer Wiley Nickel defends people charged with crimes in Wake County, North Carolina.... more
  3. William Lenox Fay

    Pro

    Contributor Level 10

    Answered . You do not need an attorney to sign up for the 90-96 deferral - just go to court and tell them that you want to get the charges dismissed. 90-96 is basically this: your case is continued for one calendar year ... during that year, you need to (1) pay court costs which are currently $180 and climbing, (2) pay the program fee ($250), (3) do 16 hours of drug classes, and (4) stay out of criminal trouble. If you do that, your case is dismissed and you are eligible to expunge the charge.

    If you can't wait a year to get this case dismissed, or you just want to see what other options might be out there, call a good lawyer.

  4. Ibrahim Jamal Awad

    Contributor Level 5

    2

    Lawyers agree

    Answered . You may be able to enter a diversion program and have this charged dismissed, seeing that you have no prior offenses. After the case is dismissed, you can have it expunged through your attorney. If a diversion program isn't available, your attorney may still be able to enter into a deal with the prosecutor which involves community service and taking random drug screens. I would recommend searching for a local attorney in the 'find a lawyer' section on avvo.

  5. Adam Charles Stone

    Contributor Level 10

    1

    Lawyer agrees

    Answered . First, I practice in Ohio, so I may not be able to answer all of these questions for you. Regardless, you definitely need a local, experience criminal defense attorney in your area with a good reputation with the court and community. You seem to have a lot going for you, so you also have quite a bit to lose. Some of these charges - as minor as they may seem - carry serious collateral consequences that may effect employment opportunities, student funding, the right to carry a firearm, driver's license suspensions, etc.

    So, it is important that you find competent local counsel that can protect you and your constitutional rights throughout this process. In terms of cost, do not be afraid to shop around. Call different offices and check on retainers and costs per hour; but remember, sometimes you get what you pay for and don't skimp on representation just to find a cheaper way out.

    Once you have found that attorney, you can sit down and have a long conversation to answer all of those questions that you have in depth and with an eye on your court's local customs, the prosecutor's stance on certain charges, and the likelihood of success under your specific circumstances.

    Lastly, you have the fifth amendment right to remain silent - exercise it. Do not speak about this with anyone other than your lawyer. I would even go so far as taking down this post. It is a public forum and a prosecutor could use it against you.

    I know this doesn't answer all of your questions, but I hope it points in a direction where you can get those answers.

    All the best and good luck,

    Adam
    Adam C. Stone,
    Attorney and Counselor at Law, Ltd.
    840 So. Sandusky Avenue
    Bucyrus, OH 44820
    Telephone: (419) 562-2110
    Facsimile: (419) 562-1660
    adamstone@earthlink.net
    www.adamstonelawfirm.com

    Nothing contained in this message is to be construed as legal advice. Rather, the general information provided... more

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