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My daughter who attends college and is 21 was just charged

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with possesion of less than...
My daughter who attends college and is 21 was just charged with possesion of less than one ounce of marijuana and paraphenilia. In Greenville NC. Her court appearance is September 17th. She was charged with a misdemeanor? Her bail was set at 500.00 and the bondsman took 75 to get her out. She has a clean record up till that.
Submitted: 7 years ago.Category: Criminal Law
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8/2/2010
Criminal Lawyer: Daniel Solutions, Criminal Defense Lawyer replied 7 years ago
Daniel Solutions
Daniel Solutions, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 9,934
Experience: over 20 years of legal and professor of law experience
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It is a misdemeanor the amount can determine maximum sentences:

 

* 1/2 to 1 1/2 oz = 1 - 120 days and $500 fine (Community service or probation possible. 45 maximum for those with a clear record)

* 1/2 oz or less = 30 days and $200 fine. (Suspended sentence mandatory)

 

Paraphernalia possession is also another misdemeanor that can carry 6 months.

 

The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.

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Customer reply replied 7 years ago
So this means because it is her first offense that she will probably receive just a fine with no jail time and this will not be on her record so the chances of her college not finding out might be good? Do you think she needs a lawyer to go to court with her or is this just a mandatory sentence for everyone?
Criminal Lawyer: Daniel Solutions, Criminal Defense Lawyer replied 7 years ago

No lawyer can or should guarantee what will happen but based upon what you have shared with me, then she should just receive a fine. Without entering a judgment of guilt and with the consent of such person, defer further proceedings and place him/her on probation with the condition that he/she participate in community service approved by the Department of Human Resources. Upon fulfillment of the terms and conditions of his/her probation and the community service program, the court will discharge such person and dismiss the proceedings against him/her. If the person was not over 21 years of age at the time of the offense, he/she may apply to the Court for an Expungement pursuant to N.C.G.S. 15A-145, 146

 

Expungement requests are handled by mail, and they do not require a court appearance. However, the Expungement procedures and the court fees for an Expungement vary county to county. Some counties may require the submission of affidavits and/or a court appearance.

In North Carolina, an individual is only entitled to one Expungement in a lifetime. Therefore, before applying for an Expungement, you should give the matter some consideration.

 

Finally as far as retaining a lawyer. I always recommend that a person retain a lawyer for all drug related offenses only because unlike some offenses drug offenses can have more a future negative stigma attached than other more serious victim based crimes. However, that has to be your personal decision.

Daniel Solutions
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