drug possession

What is the name of your state? North Carolina.

My nephew is in prison in north carolina. He was told by an Inmate that someone wanted to see him outside the dorm. He got off his bunk and put on his boots. About 3 mins after going out. He was confronted by the Lt. Sargent and three other guards, hand cuffed and taken in for a strip search.
one joint was found in his boot. They charged him with the normal prison infraction of A12, but also charged him with violating state law 90-95(e)(9).

In the last six months this prison (Hyde Correctional Institute) has charged 37 Inmates with A12 violations, 32 of these were dirty urine test, 5 were actual possession, only one has been charged under state law 90-95(e)(9). My nephew for 1 joint in his boot. Nothing on statements that I have seen say he put it in his boot. 1. Is he in possession if anyone could have put it in his boot while he was asleep. 2. 90-95(e)(9) looks like a sentencing clause of the law. The law he actaully may have violated is 90-95(a)(3), that is if he put it in his boot. I have called his Court appointed attorney 3 times with no reply. On the fourth try he answered the phone then made up an excuse not to talk to me. I sent him 2 certified letters, i have received the receipts that his office received them, still no contact. He has not appeared in court twice, this week on wednesday will be the third time my nephew has been dragged off to court.

Thanks
Stephen

diamond1 said:

1. Is he in possession if anyone could have put it in his boot while he was asleep.
2. 90-95(e)(9) looks like a sentencing clause of the law. The law he actaully may have violated is 90-95(a)(3), that is if he put it in his boot.

Click to expand...

1. Yes.
2. It can be considered a violation of 90-95(e)(9) because he was found in possession on the grounds of a penal institution or local confinement facility. The charges other inmates face for similar circumstances has no meaning in your nephew's case.