DWI and Drug posession charges

[mohammad402]

What is the name of your state (only U.S. law)? North Carolina.

I was pulled over for speeding and the officer "smelled" marijuana giving them probable cause to search, I was intoxicated at the time on xanax and got arrested for DWI. There were 2 other passengers, when the car was searched they found 90 xanax pills in the glove compartment that belonged to the other passenger as well as less than half oz of marijuana, the state is charging me for misdemeanor possession of the xanax and the marijuana even though it was not mine. The xanax were in a plastic baggy by the way. Is there anyway I can prove that the bag of xanax in the glove compartment was never mine, i do remember the bag containing 4 pills that were prescribed to one of the passengers, this passenger put them in the bag with the xanax. Would I be able to use this to prove innocence of the possession and if not what repercussions could i be facing. This is the first offence on my record ever, I am 20 years old, I'm willing to be on probation for as long as needed and do community service/take whatever drug classes needed to not face any jail time. Thanks for your help.

 

[TigerD]

You absolutely need a criminal defense lawyer. If you cannot afford one, you may qualify for a public defender. Check into it.

TD

 

[mohammad402]

Yeah I know, I was just wondering what others thought of the situation and the chances of receiving jail time even though it is a first offense.

 

[TigerD]

90 Xanax isn't a misdemeanor in most jurisdictions. I'd be concerned you were misunderstanding something.

TD

 

[mohammad402]

In most it's a felony, however in mine if it is under 100 pills and there is no intent to sell then it is a misdemeanor. I can assure you there is no misunderstanding.
I was charged with D-2, so I am sure. Also the over four tablets for a felony is only specific to hydromorphone, just to clear any confusion.

(d) Except as provided in subsections (h) and (i) of this section, any person who violates G.S. 90-95(a)(3) with respect to:
(1) A controlled substance classified in Schedule I shall be punished as a Class I felon. However, if the controlled substance is MDPV and the quantity of the MDPV is 1 gram or less, the violation shall be punishable as a Class 1 misdemeanor.
(2) A controlled substance classified in Schedule II, III, or IV shall be guilty of a Class 1 misdemeanor. If the controlled substance exceeds four tablets, capsules, or other dosage units or equivalent quantity of hydromorphone or if the quantity of the controlled substance, or combination of the controlled substances, exceeds one hundred tablets, capsules or other dosage units, or equivalent quantity, the violation shall be punishable as a Class I felony. If the controlled substance is methamphetamine, amphetamine, phencyclidine, or cocaine and any salt, isomer, salts of isomers, compound, derivative, or preparation thereof, or coca leaves and any salt, isomer, salts of isomers, compound, derivative, or preparation of coca leaves, or any salt, isomer, salts of isomers, compound, derivative or preparation thereof which is chemically equivalent or identical with any of these substances (except decocanized coca leaves or any extraction of coca leaves which does not contain cocaine or ecgonine), the violation shall be punishable as a Class I felony.

 

[mohammad402]

I also have one more question, if I could get the passenger to admit through Facebook messaging that the xanax bag belonged to them, and that they lied about who's it was to the police because they were scared, would that dismiss the case on my end?

 

[dave33]

I also have one more question, if I could get the passenger to admit through Facebook messaging that the xanax bag belonged to them, and that they lied about who's it was to the police because they were scared, would that dismiss the case on my end?

It's impossible to know for sure but based on what you said, to go to trial would be the only chance. The state may be willing to drop one charge in exchange for a guilty plea on the other. You will just have to wait and see what deal (if any) is offered. To refuse a deal can always backfire with extreme consequences. You really cannot go to trial with a p.d. Technically of course you can but with extremely limited resources it's almost always a loser. goodluck.

 

[FlyingRon]

Understand possession does not equal ownership. You are quite likely guilty of possession (absent something you've not told us ) of any drugs found in your glove box.
You need a lawyer. Even at the misdemeanor level, these charges are nothing to sneeze about.