Dealing With Drug Possession Charges In North Carolina

In this article, you can discover:

• Varying penalties for drug possession, influenced by substance type and quantity.
• Options for clearing records in North Carolina, especially for first-time misdemeanor offenses.
• Eligibility criteria for the first offenders’ drug program and its significance.

I Was Arrested And Charged For Drug Possession In North Carolina. It’s My First Offence. Will I Go To Jail?

In North Carolina, the response to drug possession charges can vary significantly based on the substance involved and the quantity. For misdemeanor drug possession, such as possession of a small amount of marijuana (less than half an ounce), the penalties are generally less severe. In such cases, jail time is unlikely, and the consequences may include a fine or community service. However, once the amount exceeds an ounce, the charge escalates to a felony, entailing more serious penalties, including potential jail time.

Regarding marijuana, the stance is more lenient due to its increasing legalization and acceptance across the country. Possession of small amounts typically results in minor penalties. In contrast, possession of other drugs, like cocaine, methamphetamine, or fentanyl, is treated more stringently. Even small quantities of these substances lead to felony charges due to their severe health and societal impacts.

If charged with a misdemeanor, such as minor marijuana possession, it’s common to receive a citation with instructions to appear in court. However, the arresting officer retains the discretion to impose jail time even for misdemeanors.

I Have Been Charged With Possession Of Drugs Other Than Marijuana In North Carolina. If I’m Convicted, Is There Any Way To Clear My Records?

The possibility of clearing your record in North Carolina depends on the nature of the charge – misdemeanor or felony. For a first-time misdemeanor marijuana possession, there are programs available that, upon completion, can lead to the dismissal of charges. These might involve community service, fines, and other court-mandated requirements.

For felony drug possession, including marijuana, the path to dismissal is more demanding. It may involve a longer probation period, additional community service, and stricter compliance with court conditions. However, if it’s your first offense and you meet all requirements, dismissal is achievable.

Can It Be Expunged?

Yes, in cases where charges are dismissed, expungement of the record is an option. This process legally clears the conviction from public records, providing a clean slate.

Am I Eligible For Drug Court With A First Or Second Drug Possession Charge In North Carolina?

Eligibility for the first offenders’ drug program in North Carolina hinges on whether the individual has been previously convicted, not merely charged. The program is accessible to those with their first possession charge, offering an alternative to traditional legal proceedings. This distinction between a charge and a conviction is critical; a previous charge that did not result in a conviction does not disqualify someone from the first offenders’ program. Consequently, even with a second charge, if there was no prior conviction, the individual remains eligible for this program.

For more information on Dealing With Drug Related Offenses In NC, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (704) 324-8500 today.