First time possession offenses HELP!

concernedsarah said:

Boyfriend's charges:
(G.S. 90-95(A)(3))
(G.S. 90-113.22(A))
My charges:
(G.S. 90-95(A)(3))
(G.S. 18B-302(B)(2))

And if I can't go to the D.A. before my court date, when will I be able to talk to someone about my case? I don't have the money to pay for an attorney.
What exactly goes on in the whole court process?

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concernedsarah said:

I was reading on my county's website that an appointed attorney is not free and if I'm convicted I have to pay their fee as well.
I'm pretty much ****ed, right?
These cops acted as if we really didn't have anything to worry about but the internet is telling me very much the opposite :-/

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§ 90‑95. Violations; penalties.
(a) Except as authorized by this Article, it is unlawful for any person:
(1) To manufacture, sell or deliver, or possess with intent to manufacture, sell or deliver, a controlled substance;
(2) To create, sell or deliver, or possess with intent to sell or deliver, a counterfeit controlled substance;
(3) To possess a controlled substance.



(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;
(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.
(3) A controlled substance classified in Schedule V shall be guilty of a Class 2 misdemeanor;
(4) A controlled substance classified in Schedule VI shall be guilty of a Class 3 misdemeanor, but any sentence of imprisonment imposed must be suspended and the judge may not require at the time of sentencing that the defendant serve a period of imprisonment as a special condition of probation. If the quantity of the controlled substance exceeds one‑half of an ounce (avoirdupois) of marijuana or one‑twentieth of an ounce (avoirdupois) of the extracted resin of marijuana, commonly known as hashish, the violation shall be punishable as a Class 1 misdemeanor. If the quantity of the controlled substance exceeds one and one‑half ounces (avoirdupois) of marijuana or three‑twentieths of an ounce (avoirdupois) of the extracted resin of marijuana, commonly known as hashish, or if the controlled substance consists of any quantity of synthetic tetrahydrocannabinols or tetrahydrocannabinols isolated from the resin of marijuana, the violation shall be punishable as a Class I felony.

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§ 90‑113.22.� Possession of drug paraphernalia.
(a) It is unlawful for any person to knowingly use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, package, repackage, store, contain, or conceal a controlled substance which it would be unlawful to possess, or to inject, ingest, inhale, or otherwise introduce into the body a controlled substance which it would be unlawful to possess.
(b) Violation of this section is a Class 1 misdemeanor.

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§ 18B‑302.� Sale to or purchase by underage persons.
(a) Sale. � It shall be unlawful for any person to:
(1) Sell or give malt beverages or unfortified wine to anyone less than 21 years old; or
(2) Sell or give fortified wine, spirituous liquor, or mixed beverages to anyone less than 21 years old.
(b) Purchase or Possession. � It shall be unlawful for:
(1) A person less than 21 years old to purchase, to attempt to purchase, or to possess malt beverages or unfortified wine; or
(2) A person less than 21 years old to purchase, to attempt to purchase, or to possess fortified wine, spirituous liquor, or mixed beverages.
(c) Aider and Abettor.
(1) By Underage Person. � Any person who is under the lawful age to purchase and who aids or abets another in violation of subsection (a) or (b) of this section shall be guilty of a Class 2 misdemeanor.
(2) By Person over Lawful Age. � Any person who is over the lawful age to purchase and who aids or abets another in violation of subsection (a) or (b) of this section shall be guilty of a Class 1 misdemeanor.
(d) Defense. � It shall be a defense to a violation of subsection (a) of this section if the seller:
(1) Shows that the purchaser produced a driver's license, a special identification card issued under G.S. 20‑37.7, a military identification card, or a passport, showing his age to be at least the required age for purchase and bearing a physical description of the person named on the card reasonably describing the purchaser; or
(2) Produces evidence of other facts that reasonably indicated at the time of sale that the purchaser was at least the required age.
(3) Shows that at the time of purchase, the purchaser utilized a biometric identification system that demonstrated (i) the purchaser's age to be at least the required age for the purchase and (ii) the purchaser had previously registered with the seller or seller's agent a drivers license, a special identification card issued under G.S. 20‑377.7, a military identification card, or a passport showing the purchaser's date of birth and bearing a physical description of the person named on the document.
(e) Fraudulent Use of Identification. � It shall be unlawful for any person to enter or attempt to enter a place where alcoholic beverages are sold or consumed, or to obtain or attempt to obtain alcoholic beverages, or to obtain or attempt to obtain permission to purchase alcoholic beverages, in violation of subsection (b) of this section, by using or attempting to use any of the following:
(1) A fraudulent or altered drivers license.
(2) A fraudulent or altered identification document other than a drivers license.
(3) A drivers license issued to another person.
(4) An identification document other than a drivers license issued to another person.
(5) Any other form or means of identification that indicates or symbolizes that the person is not prohibited from purchasing or possessing alcoholic beverages under this section.
(f) Allowing Use of Identification. It shall be unlawful for any person to permit the use of the person's drivers license or any other form of identification of any kind issued or given to the person by any other person who violates or attempts to violate subsection (b) of this section.
(g) Conviction Report Sent to Division of Motor Vehicles. The court shall file a conviction report with the Division of Motor Vehicles indicating the name of the person convicted and any other information requested by the Division if the person is convicted of:
(1) A violation of subsection (e) or (f) of this section; or
(2 A violation of subdivision (c)(1) of this section; or
(3) A violation of subsection (b) of this section, if the violation occurred while the person was purchasing or attempting to purchase an alcoholic beverage.
Upon receipt of a conviction report, the Division shall revoke the person's license as required by G.S. 20‑17.3.
(h) Handling in Course of Employment. Nothing in this section shall be construed to prohibit an underage person from selling, transporting, possessing or dispensing alcoholic beverages in the course of employment, if the employment of the person for that purpose is lawful under applicable youth employment statutes and Commission rules.
(i) Purchase or Possession by 19 or 20‑Year Old. A violation of subdivision (b)(1) of this section by a person who is 19 or 20 years old is a Class 3 misdemeanor.

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