• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

confused about drug offense charges

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

nickeloden

Junior Member
:confused: I am in North Carolina and if anyone out there either a lawyer or a District Attorney can help me, I would appreciate it. My boyfriend was picked up in June 2004 on charges of consiparcy, pwisd (Possession with the intent to sell and distribute) cocaine, creating a counterfeit substance, pwisd a counterfeit substance. He is still in the county jail (now 9months).He was also on Federal probation and was not scheduled to get off until 2006. His parents were told by his probation officer not to get him out becuase the Feds would come for him. I am confused becuase I thought the Federal out-weighed the State charges. Is that so? Also, He has a court date every month and each time it is a continuation. Why is that? He recently went March 2nd, and goes back to court March 30th. He now only has the felonious charges of: (1) Creating a counterfeit substance, (2) PWISD a counterfeit substance (two of these charges). So can you tell me what may have happened to the other charges? Has he possibly pleaded or offered statements on someone else to get the other charges dropped? How much time does the counterfeit charges carry and will his Federal probation be a factor in his sentencing?
 


S

seniorjudge

Guest
Q: His parents were told by his probation officer not to get him out becuase the Feds would come for him. I am confused becuase I thought the Federal out-weighed the State charges. Is that so?

A: I am not sure what you are asking; the feds can come and get him anytime they want; they can writ him out (Google writ habeas corpus ad prosequendum) and carry him over to fed court to answer the charges.


Q: Also, He has a court date every month and each time it is a continuation. Why is that?

A: I guess the courts or clogged. Or maybe he can't make up his mind whether to plead. Who knows? Ask BF.


Q: So can you tell me what may have happened to the other charges?

A: No, but BF can.


Q: Has he possibly pleaded or offered statements on someone else to get the other charges dropped?

A: This is possible. Ask BF.


Q: How much time does the counterfeit charges carry and will his Federal probation be a factor in his sentencing?

A: Post the statute numbers; I doubt if the state gives a rip about his federal probation except maybe to enhance his state sentencing, which means he will get even more time for being a repeat offender.
 
S

seniorjudge

Guest
nickeloden said:
The statute is 90(a)95 for the counterfeit charge.
http://www.ncbop.org/ncbop35.htm

...(b) (Effective January 1, 1995) Any person who violates this section shall be guilty of a Class I misdemeanor. Provided, that if the criminal pleading alleges that the violation was committed intentionally, and upon trial it is specifically found that the violation was committed intentionally, and upon trial it is specifically found that the violation was committed intentionally, such violations shall be a Class I felony. A person who violates subdivision (7) of subsection (a) of this section and also fortifies the structure, with the intent to impede law enforcement entry, (by barricading windows and doors) shall be punished as a Class I felon....
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top