Your son is charged with a Class I felony and is facing the possibility of 12 months in jail. You need to hire a criminal defense attorney to represent him. Depending on his record and other factors, it may be possible for him to serve his sentence via probation. Assuming there is no viable reason on which to argue for a dismissal, sentencing will be key. You want to be sure your son's case is handled properly so that he will be eligible for expunction in the future. Good luck to you.
<a href="http://www.dwidefenseraleigh.com">Fred Amos</a> provides legal representation in Wake County, North Carolina. Any answer provided through this discussion board is a general response to the question and NOT intended as legal advice. Responding to this question does not constitute an attorney-client relationship. Always seek the advice of a lawyer directly to address your specific circumstances. Free consultation and flexible payment plans for DWI's. Call 919-803-7208.
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.
If your son has no prior record, he would likely qualify for a deferral program which would require drug classes, possibly community service and staying out of trouble for a year after which the charges would be dismissed and he would be eligible for an expunction. I or some other experienced criminal defense attorney should be able to accomplish this for your son. 919-828-5566