My question involves criminal law for the state of: NC
My husband was camping in a National Park with a group of 10 guys this weekend- some of which were smoking pot. Police arrived at some point because they were being too loud. My husband, who has never touched drugs, was closest to a pill box that contained marijuana. He honestly didn't even know that it was there (it was 11pm so very dark). He was given an "United States District Court Violation Notice" for possession of paraphernalia and simple possession of marijuana. The guy that was responsible tried to explain to the officers that it was his, not my husbands, but the officers still gave it to my husband. The officer appeared to feel bad after talking with my husband because A- he was the only one there not drinking; b- he is an elem school teacher and this could cost him BIG; c- he has literally never smoked a thing in his life, legal or otherwise.
The officer told him that he would not arrest him or make him come to court. He checked the box that says my husband only has to pay a fine ($400 total). The officer was under the assumption that this would never go on his permanent record. I find that hard to believe. I have a called several lawyers, none of which would handle it because it is a federal violation.
Since he is a school teacher, my concern is that by simply paying the fine he will be admitting guilt and could lose his job if the school system ever finds out... which they could through a simple search online.
Is the cop correct? Is it just a citation? Will it show up somewhere? Can we get the charge reduced or dismissed if the real owner of the pot comes to court? (He is willing to do this as he got a ticket as well) We can't really afford to pay a lawyer but we really can't afford for my husband to lose his career over something he didn't do.
And yes, he will no longer be hanging out with his pot smoking family on federal land. :wallbang:
(sorry this is so long)