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Could a different misdemeanor citation charge from a previous citation still count as a first offense ?: I recently received a charge for a misdemeanor possession of marijuana and drug paraphernalia on the same citation ticket. I previously had a citation (dismissed) but for possession of alcohol. Would the possession of marijuana and drug paraphernalia be considered a first offense since it's a different charge than the alcohol possession ? Or no ? If so what is my best bet to plead, in order to avoid conviction and lessen the charge if possible ?

Asked about 1 year ago in Criminal Defense

Rudolph’s answer: You would qualify under the first offenders program pursuant to N.C.G.S. 90-96. Under G.S. 90-96, a first time drug offender is afforded the ability to have his drug offense conditionally discharged, after his guilty plea, and would then be ordered to complete a Drug Education School class, pay court costs, possibly perform community service fee, and remain law abiding for 12 months. However, the 90-96 conditional discharges are handled differently depending in what prosecutorial district you are in. You could have anything from 6 months unsupervised probation to 12 or even 18 months of supervised probation. It all depends on your district. You should hire a lawyer to first see if you would need to go the 90-96 route. The lawyer may be able to get the case dismissed without going through the formality of a 90-96 conditional discharge, and the local district court could have a local deferred prosecution agreement for misdemeanor drug cases where you can have a shorter time period before the case is dismissed. It really is all about what prosecutorial district you are in.

Answered about 1 year ago.


What can i do: ThousAnd dollars taken when i was arrested judge said i could have it back now the sheriff dept say i need disposition sheet signed by judge my attorney wont take my calls dont know what to do

Asked about 1 year ago in Criminal Defense

Rudolph’s answer: Did you pay your attorney in full? If not, he may be upset about how things finished with the attorney-client relationship. However, that's not a good reason to not answer your calls. Typically, that is something that is handled at the end of the plea. I'm not exactly sure why it wasn't handled then. I do know this, if you have your attorney file a motion and give the DA's office some notice as to the motion, the judge will very likely return that property. If your lawyer is not willing to do this, you can make an appointment with another lawyer, and he should be willing to take on this for you. It's only about a 1-2 page motion and shouldn't take up much of the court's time, so shouldn't be an expensive fee. Good luck!

Answered about 1 year ago.


I have a felony possession of cocaine charge from 1998 I was wondering is there any way to get this expunged?: I'm now 37 and it still is a hassle when I ave to explain this I never been in any trouble since

Asked about 2 years ago in Criminal Defense

Rudolph’s answer: It depends on how the cocaine charge was handled. If the case was dismissed, then YES, you can have it expunged. You may be able to have it expunged as well depending on your age at the time of the offense. With expunctions, the key to having the process run as smoothly as possible is determining if the client will first qualify for the expunction. 75% of the work on expunctions is done upfront by a lawyer making sure the client qualifies.

Answered about 2 years ago.