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MyraB, Lawyer
Category: Criminal Law
Satisfied Customers: 371
Experience:  I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.
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i am a 2 time felon first time i got 45 years (did 18) got

Customer Question

i am a 2 time felon first time i got 45 years (did 18) got out 2009 & in 02/2011 got felony bust with lb. weed got 12 mths ISP got off that 12/2012. Then 06/2013 had a MVA somebody ran into the back off me but i jumped out & ran to the next town about 6 miles away & filed as police report that my truck was stolen. However 5 days later in the county i live the sheriff tried to sever a warrant for filing a false police report Then i got a letter from DOT/DMV stating the report had been cancelled, then i got a notice from a towing company stating my truck had been impounded for felony drug charges. Its been 19 days since th MVA so why havent they got me yet? Think they are still watching me, or maybe cant prove the drugs were mine........either way how much time am i lookin at worse4 case............then please give me the best case!!!
thank you for your time & interest Waiting on an answer!
Submitted: 4 years ago.
Category: Criminal Law
Expert:  MyraB replied 4 years ago.
Hello and thank you for your question.

In order to provide you with the most useful and relevant response, please let me know the type and quantity of drugs that the police found in the vehicle.

Thank you.
Customer: replied 4 years ago.

1 1/2 lb marijuana and maybe a few percocet pills not sure if girlfriend left them in my truck. I was by myself & begining to think she set me up with an undercover in the county i was in... I KNOW she works with DEA even though she is a bad pill junkie herself (& also helps me sell to HER friends!) that was how I met her she was setting me up to be busted but got personally involved with me ( & i was told by her that it would be considered imtrapment for them to bust me at that time)

Expert:  MyraB replied 4 years ago.

Thank you for the clarification.

With regard to filing a false police report, under NC Statute 14-225, any person who shall willfully make or cause to be made to a law enforcement agency or officer any false, misleading or unfounded report, for the purpose of interfering with the operation of a law enforcement agency, or to hinder or obstruct any law enforcement officer in the performance of his duty, shall be guilty of a Class 2 misdemeanor.

If a person has 1-4 prior convictions, a class 2 misdemeanor is punishable by 1‑45 days in jail and a maximum fine of $1000.00. Intermediate sentencing – meaning community service – is available even if there are prior convictions.

Possession of 1.5 ounces to 10 lbs of marijuana for personal use or possession with intent to distribute are both Class I felonies. The penalty for a Class I felony is 3 months to one year in jail. The felony sentencing structure is a bit complicated with a point system for prior convictions depending on the extent and gravity of the prior record. But the maximum would be one year.

The Percocets (oxycodone) are classified as a Schedule II Controlled Substance. Possession of Oxycodone is a Class 1 misdemeanor. If a person has 1-4 prior convictions, a Class 1 misdemeanor carries a penalty range of 1 day to 45 days in jail and a fine is at the discretion of the court with no maximum. (Here is the statute on misdemeanor sentencing

In addition, based on the drug charges your vehicle may be subject to forfeiture, and your driver’s license suspended.

It may be that the police are continuing their investigation to determine if they uncover evidence of more serious crimes. There is no statute of limitation for felony criminal offenses in North Carolina. The statute of limitation for the misdemeanors is 2 years.

Please feel free to ask any follow-up questions.

Customer: replied 4 years ago.

as a matter of fact my account for my truck has been closed (even though i have not missed any payments) My truck is registered to my wife's address so of course thats where they went to serve the warrant for the police report. HOWEVER the FEDs did come to her house & stated they were watching me & had been since the 6th day after this incident which as i stated was 19 days ago. being a 3 time felon arent there addition jail time? so in a nut shell worse case how long????

Expert:  MyraB replied 4 years ago.
Thank you for your response. Yes, there is a NC Habitual Felon statute. I was just checking on that after I posted and re-read your question.

The statute can be found here

Under the statute if you are convicted of being a habitual offender you must be sentenced at a felony class level that is four classes higher than the principal felony for which the person was convicted, but under no circumstances shall an habitual felon be sentenced at a level higher than a Class C felony and the sentence must run consecutive to other sentences.

Please give me a moment to check on what the sentence exposure would be for that in the circumstances.
Customer: replied 4 years ago.

My 1st conviction was First Degree Burg. 45 year sentence(did 18 years)

2nd - Felony Poss of lb of Marijuana 1 year Intense Supervised probation (which ended 12/12012) i was 22 at my first conviction and am now 46

Expert:  MyraB replied 4 years ago.
Thank you for the additional information. However, as it turns out, you cannot be charged as an habitual felon under the statute at this time. This is because all convictions on which the status offense is based must have occurred prior to the charge and an habitual felon charge can only be brought against a defendant who has three previous felony convictions. In other words, it increases the punishment for a person's "fourth strike."

So worst case would be up to a year jail time on the marijuana offense, up to 45 days each on the misdemeanors, fines, license suspension and forfeiture of the truck.
Expert:  MyraB replied 4 years ago.

I was just checking in to see if there was anything else I could help you with regarding this question.

If not, please take a moment to rate my answer positively. It will not cost you anything extra and is the only way I can receive credit for assisting you.

Thank you.