90-96 Conditional Discharge for first offense
Under N.C.G.S. § 90-96 qualifying defendants for drug possession charges are given to the option of completing court imposed terms and upon completion of those terms, having their case dismissed by the court. There are two subsections upon which the court can proceed. Read below for qualifications.
90-96 subsection (a)To qualify:
(1) Not previously convicted of any felony or drug offense; AND
(2) Currently pleads guilty or is found guilty to:
* A misdemeanor possessing a schedule I through VI controlled substance; OR
* A felony of possessing a controlled substance (manufacturing or selling does not count).
If so, then the court shall, without entering a judgment of guilt and with the consent of the person, defer further proceedings and place the person on probation upon such reasonable terms and conditions as it may require, unless the court determines with a written finding, and with the agreement of the District Attorney, that the offender is inappropriate for a conditional discharge for factors related to the offense.
Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings. Discharge and dismissal under this section shall be without court adjudication of guilt and shall not be deemed a conviction. Discharge and dismissal may occur only once with respect to any person.
90-96 subsection (a1)To qualify:
So long as the defendant has not been convicted within the last 7 years of any offense which qualifies under the provisions of subsection (a), the court may place defendant on probation.
The probation, if imposed, shall:
(1) Be for at least one year; AND
(2) The defendant who was found guilty or pleads guilty shall enroll in and successfully complete within 150 days, a drug education school approved by the Department of Health and Human Services.
Upon fulfillment of the terms and conditions of the probation, the court shall discharge such person and dismiss the proceedings against the person.