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Simple Possession of Marijuana in NC

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Soldarius

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

I've looked up a lot of things retaining to the subject. Okay here's my case. Was driving through town late at night, wasn't smoking or rolling anything. I had maybe a gram or less in a cellophane (however it's spelt.) I'm not a habitual offender, nor do I get in trouble often or at all. I was pulled over for my tag light being out, then they could smell it on me from where I had smoked it earlier at friend's house. I didn't lie, didn't deny that I had anything on me. I told him it was in my pocket and didn't give them no hassle or problems. Cooperated with them and everything, as in being polite and not an arse, saying yes sir and no sir and even helping them out before they would ask to search certain things.

This is my first offense. I was curious, if i could get a prayer for judgment for something like that. My friends are saying I should get a court appointed lawyer for this and that I shouldn't go in there without for a marijuana charge. As I've stated before, I'm not a troublemaker. I smoke pot to help my appetite because if anything, I only eat once a day without it. May sound like an excuse to some but I'm a very picky eater. Anyways, any help will do. Just don't be like, "30 days in jail and a fine," I don't think that is how it's going to end up. I may get the fine (that's all I hope) and community service. I'm not sure because I'm not used to going to court. If I were to ask for a prayer for judgment, how would I go about doing it? I'm not a minor, I'm 24 years old.

If I do not get an prayer for judgment, should I ask for a continuance? I have bills and what not, so I may be short the money. I get paid on Saturday when the courts are closed. Do you think they'd be able to extend me paying the rest till a Monday if I had I were to ask? I know for a fact I'll have about $250 bucks on me by the time of my court date next Thursday. Court Cost in NC is $121. How much do you think it will end up total?

Thanks for the help to those who respond.
 


Soldarius

Junior Member
The officer put:
Did possess less than 1/2 ounce of marijuana, a controlled substance which is included in the schedule VI of North Carolina Controlled Substance Act.

G.S. 90-95(a)(4)
-----------------------------
Then he put this below it on another set of lines.

Did knowingly possess Drug paraphernalia to wit in a small plastic bag (cigarette cellophane).

G.S. 90-113.22 (a)

those are the statutes, or I'm guessing that's it. General Statute? I assume that's what it stands for

I just wanna know what I'm looking at, charges and what not. Or what to expect.
 

Tritium

Member
Having an attorney present is helpful, whether appointed or retained. If prosecutors offer you a plea bargain, don't feel rushed, and be sure you understand what is going on before signing anything, regardless of your attorneys approval.

There was a time when Government was established to protect liberty. Though states have made possesion of Marijuanna a crime, the purpose of a Justice system is to ensure victims of a crime receive retribution for losses.

If you were under the influence when pulled over, you pose a potentially risk to yourself and others. Never do that.

Unfortunately, very little attention is given to what Liberty means for people. I know it would mean many people currently in prison would not be there. Will Justice be served by prosecuting the cass? Not at all. The only lesson you would get is honesty and cooperation have little value.

Then again, in many states, such laws are a form of revenue for the state. (As if the state has been harmed because you have a joint in your pocket.)
 

bellestar

Junior Member
possession of marijuana is a 10 dollar fine on top of court costs. If this is your first offense you may be offered a deferal program. ie. drug classes (which is more expensive than the 10 dollar fine) and then it can be dropped.
 

Soldarius

Junior Member
Thanks to both of you for responding.

I don't really drive under the influence unless I really have to. Otherwise, I'm sitting at home either on my computer working on some things, watching TV, or playing my PS3.

Pot is different than most drugs when you're driving unless your motor functions are completely skewed while you're not driving (IE: people who think it's fun to do stupid things while on drugs). It's a mental thing in my opinion (as for people saying it's a gateway drug as well). Drinking and driving is a different story, you shouldn't do that period or people in general.

(As if the state has been harmed because you have a joint in your pocket.)
Yeah, really. It's the individual, not the drug. If they can't handle and they'd rather abuse it. Then they shouldn't do it at all.

I can understand certain restrictions on liberties.. as in murder and theft and the more harmful drugs like meth, heroine, coke, and so forth.

It seems like to me that marijuana is getting more tolerated day by day. Wither it be a small group or small actions certain states make. Just like on Obama's change.gov page before he was elected president.

Enough rambling.. thanks you two.
 

Tam12

Junior Member
Hi. I just found your post and was hoping you could help me out. I live in North Carolina and was given the same charges that you received about a week ago.

What happened at the court date? Did you get a lawyer? What was your sentence? How much were fines and court costs?

Any info you have would be really helpful.
 

gunsandbutter

Junior Member
Jury Nullification

My understanding is that you might want to look into jury nullification. This is a power that most jurors are unaware of, so you'd want to make certain your attorney informs the jury of what it is. You must plead not guilty if you go this route. Essentially, if the jury feels that a law is unjust, they can exercise the power of jury nullification, which will throw the case out.

"Jury nullification is more specifically any rendering of a verdict by a trial jury, acquitting a criminal defendant despite the defendant's violation of the letter of the law, that is, of an official rule, especially a legislative enactment. This verdict need not disagree with the instructions by the judge concerning what the law is, but may disagree with an instruction, if given by the judge, that the jury is required to apply the "law" to the defendant if certain facts are found.

Although a jury's refusal relates only to the particular case before it, if a pattern of such verdicts develops in response to repeated attempts to prosecute a statutory offense, it can have the practical effect of disabling the enforcement of the statute. "Jury nullification" is thus a means for the people to express opposition to an unpopular legislative enactment."

Jury nullification - Wikipedia, the free encyclopedia

This has been used successfully in many courts around the country, although it seldom gets national publicity (for obvious reasons). Please spread the word about this- we have the power, but most people don't even know it!

I wish I could be a juror on your case! Good luck!
 

flyboydolla

Junior Member
my troubles

Yesterday i was caught with two small bags of weed on me while riding a bike threw a short cut.the amount of weed was not even a gram.the officers gave me charges for weed and tresspassing threw the yard i was comming threw.im only 16 years old.this is my 1st time getting in trouble. I really dont wanna tell my parents what do u think will happen? how much will the fines be?can someone reply asap
 

cyjeff

Senior Member
Yesterday i was caught with two small bags of weed on me while riding a bike threw a short cut.the amount of weed was not even a gram.the officers gave me charges for weed and tresspassing threw the yard i was comming threw.im only 16 years old.this is my 1st time getting in trouble. I really dont wanna tell my parents what do u think will happen? how much will the fines be?can someone reply asap
Start your own thread after you tell your parents.

Trust me, the judge won't let you avoid telling them.

If you are grown up enough to be self medicating, being honest with your parents shouldn't scare you that much.
 

dave33

Senior Member
Anyway, to reply to the original thread,you got screwed.He charged you with everything he could.The paraphernalia charge is the bag which contained the weed.Threw the book at you. Point is maybe you shouldnt worry so much about being nice and worry more about protecting yourself fromk excessive ridiculous criminal charges.
 

Huieman

Junior Member
situation

me and my friend just got caught with a gram in a bag and a lit blunt at a liscense check and since everything was in the passengers seat (my seat) at the time, all charges were put on me. we were both real cooperative with the cops. I got court in a couple months and its my first offense. I was wondering what the worst that could happen with this is and what the cost of all this might be. I was also wondering if there was some sort of way I could work things out so that the charges might get dropped. and im 17 years old.
 

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