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What does this plea bargin mean?

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bobbydigital339

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

Was charged with 2 counts of selling marijuana, 2 counts delivering marijuana, 2 counts of P/W/I/S/D, and 1 count of Dwelling...

State has already dropped the 2 counts of delivering, and the 1 count of Dwelling

The plea is to dismiss both counts of P/W/I/S/D if I plea guilty to the 2 counts of Selling.

Also says...."The Defendant must plea to the Sell of marijuana(x2); Consolidate for sentancing, receive 6 to 8 months suspended, a 30 day split sentance, 24 months probation, and the state will request two lab fees."

I go to court tomorrow, and I cant afford a lawyer and I cant qualify for a public defender.

Just wondering what that all means? What is a 30 day split sentence? Can I counter the plea deal? Would love to counter something along the lines of if I complete probation with no problems can the felony be reduced down to a misdamenor? Any info would be great....thanks alot!
 


FlyingRon

Senior Member
The split sentence means that while technically you are sentenced to 24 months, you only spend 30 days in jail and the rest of the time on probation. If you screw up the probation the sentence may become "unsplit" and you'll spend that time in jail. You certainly should ask for the exact breakdown of how much time you'll spend in jail and how long on probation prior to accepting the plea in court.

You can argue all you want but I've never heard of NC charges being reduced AFTER THE CONVICTION. You might try offering to stack multiple misdemeanor charges with the same effective sentence, but I'm not sure how you'd manage that (but I guess it doesn't hurt to ask). THe misdemeanor marijuana don't tend to have even the full YEAR jail possibility.
 

bobbydigital339

Junior Member
Thanks for the reply. I go to court today at 2. Ive been twice already...The first time I went, I just got a new court date. The 2nd time I was given the plea and the discovery. I guess this will be the court date to decide if I accept the plea or not. Do I talk to the judge or the DA about changing the plea. All I really want is NO jail time...Whats the best way to try and change that? Should I try to get intense probabtion instead of regualar probation so there is no jail time? What is a resonable counter plea I could offer?
 

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