My brother is being held in Bertie martin county jail in Windsor NC. He was passing through and happened to get stopped. Police found what had a appeared to be "synthetic canibus oil" as they called it and what appeared to be a "schedule 2 controlled substance" which also never tested to prove.
He's been sitting for almost 2 months and they're making it hard for him. They gave him 2 bonds 1 for $510,000 and another for $10,000.. Needless to say they're trying to railroad him. We've been trying to get the substance tested so he can be released or his bond lowered ; So far, to no avail.
Also my brother has urged me to see if they could extradite the process, but he's saying that since it's such a small town, they have to send it off to be tested. It's not looking good and they're charging him with a felony without considering the evidence. Help!!!
Your brother probably does have a court date, but it may not be a meaningful one, since the State is not likely to go forward with the case against him without having completed the lab testing process in a case involving something like synthetic cannabinoids. Unfortunately the state lab is very slow to test these substances and it is not unusual for a case to drag on for many months while they wait. You are correct that the only recourse is to try to get a bond reduction so he can get out of custody while the matter is pending. Talk to his lawyer about a bond hearing; the longer he sits in jail, the more likely it is that a judge will consider lowering his bond.
No answer to these questions is intended to, nor does it, create an attorney-client relationship. There is no substitute for an actual conversation with a licensed attorney about the particular facts and circumstances of your case.
You need to hire an attorney for your brother as soon as possible. I would be curious to know if he has an extensive criminal record based on the fact that the bond in what (I'm assuming) is the felony possession of a Schedule II controlled substance is so high. What was the weight of the Schedule II controlled substance? If this is a trafficking case (28 grams or more in the case of cocaine) and the substance is alleged to be cocaine or methamphetamine, then I can possibly see why his bond is so high. Your brother should have had a first appearance before a judicial official 48 hours after his arrest to advise him of his rights, one of which is the right to an attorney, and had his bond addressed at that time. If the judge determined that your brother is a flight risk or a danger to the community, then he or she could have found the bond to be reasonable and allowed it to remain the same. Your brother should also be eligible for court appointed counsel, based on the fact that he has been in jail for two months. He should have at least had the opportunity to fill out an affidavit of indigency and have a judge consider him for court appointed counsel who could request a bond hearing before a district court judge if the matter is still in district court or a superior court judge if the case has been indicted by the grand jury. It is not uncommon for people to sit in jail awaiting trial on drug charges for months in North Carolina since all alleged controlled substances must be sent to and must be tested by the SBI lab in Raleigh prior to trial. That being said, he should certainly have an attorney by now. If he does not, then you should be getting some funds together to hire one, if only for the purposes of a bond hearing. As to them charging him with a felony, all they have to do in order to do that is establish probable cause. Probable cause is an extremely relaxed standard which basically is whether more probably than not a crime has been committed and whether more probably than not the defendant (in this case your brother) is the person who committed the crime. If a magistrate, district court judge, or a grand jury determines that the case meets this standard, the charges will stand. This standard does NOT require that the alleged drugs be tested before the defendant can be charged. I hope this helps a little, and please, find out if your brother has an attorney and if he does not, try to hire one for him as soon as possible.
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