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  1. #1
    Join Date
    Nov 2011
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    5

    Default Possession of MDMA, First Offense

    My question involves criminal law for the state of: North Carolina

    Over halloween weekend I was at a music festival and I was given a ticket for possession of MDMA. The ticket reads

    "Possession with intent to use to wit: Two clear plastic baggies of MDMA"
    I have no prior record and live out of state. My court date is in early December and I'm wondering what to expect at court. I am currently a college student, one with a 3.9 GPA, although from my ticket you would probably guess otherwise. Any type of insight would be greatly appreciated.

  2. #2
    Join Date
    Sep 2010
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    10,344

    Default Re: Possession of MDMA, First Offense

    Smart people do dumb things all the itime.

    You need a lawyer. Possession of MDMA is a felony. There are very serious and lifetime implications if you are convicted of this.
    How to conduct yourself in court is not something you can go yourself based on the advice on a web forum. Further, this won't be your last court date. If you have the means to get an attorney, do so now. If you are indigent, go to the arraignment, when called plead NOT GUILTY and ask for a public defender. You may wish to talk to the court now and get the affidavit of indigentcy.

  3. #3
    Join Date
    Nov 2011
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    5

    Default Re: Possession of MDMA, First Offense

    Quote Quoting flyingron
    View Post
    Smart people do dumb things all the itime.

    You need a lawyer. Possession of MDMA is a felony. There are very serious and lifetime implications if you are convicted of this.
    How to conduct yourself in court is not something you can go yourself based on the advice on a web forum. Further, this won't be your last court date. If you have the means to get an attorney, do so now. If you are indigent, go to the arraignment, when called plead NOT GUILTY and ask for a public defender. You may wish to talk to the court now and get the affidavit of indigentcy.
    When the cop that gave me the ticket wrote the ticket he kept saying that since it was a first time offense that it would 'probably end up being just a fine'. And in places I've looked online it says that it is a class 2 misdemeanor. Intent to sell in NC is a felony. If it was a felony offense why wouldn't he have just taken me to jail? I don't mean to sound like someone saying 'ya but!' but you don't think that the court would show some sort of leniency on me? I've never been to court so I'm just trying to get the gist of what is to come...

  4. #4
    Join Date
    Sep 2011
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    OH10
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    15,329

    Default Re: Possession of MDMA, First Offense

    It is classified Sched I. Possession is a felony. Likely good for 4 to 5 months if sentence is not suspended.

  5. #5
    Join Date
    Sep 2010
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    10,344

    Default Re: Possession of MDMA, First Offense

    I don't know where you are looking but MDMA is a sched I drug (which many people find as a grossly stupid classification, but that's the way the law stands) and in NC that's a class I (that's a letter I not a one) on the first offense.

    As a matter of fact, you don't get down to the class 2 misdemeanors until you get down the sched V.
    You need a lawyer, either a court appointed one or one you hire. As near as I can tell the diversion option isn't even available to you (it only applies to the misdemeanor charges or the specific felony of small amounts of cocaine).

  6. #6
    Join Date
    Nov 2011
    Posts
    5

    Default Re: Possession of MDMA, First Offense

    Quote Quoting flyingron
    View Post
    I don't know where you are looking but MDMA is a sched I drug (which many people find as a grossly stupid classification, but that's the way the law stands) and in NC that's a class I (that's a letter I not a one) on the first offense.

    As a matter of fact, you don't get down to the class 2 misdemeanors until you get down the sched V.
    You need a lawyer, either a court appointed one or one you hire. As near as I can tell the diversion option isn't even available to you (it only applies to the misdemeanor charges or the specific felony of small amounts of cocaine).
    Alright, thank you so much for your help, heres a silly question, how much do lawyers cost?

  7. #7
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    75,925

    Default Re: Possession of MDMA, First Offense

    There's no standard fee schedule. You'll need to call around and ask (although I don't generally think that "I'll go with the cheapest lawyer" is the best strategy for finding a good one.)

  8. #8
    Join Date
    Sep 2010
    Posts
    10,344

    Default Re: Possession of MDMA, First Offense

    The fee will depend on just what they need to do for you. You should call a few in the county you are being charged and ask them what they think they can do for you and how much it will cost.

    Believe me, anything that you do to avoid a felony conviction would be well worth it.

  9. #9
    Join Date
    Nov 2011
    Posts
    5

    Default Re: Possession of MDMA, First Offense

    Absolutely, again thank you so much I'm glad that I asked and more appreciative that you answered back. I've begun emailing lawyers in the area to ask for consultations.

  10. #10
    Join Date
    Nov 2011
    Posts
    5

    Default Re: Possession of MDMA, First Offense

    So I just looked at my ticket and realized that I'm an idiot and was reading it incorrectly the whole time.

    The charge states "Did possess with intent to use drug paraphernalia to wit: 2 clear plastic baggies used to store MDMA"

    And it is on a pink slip that says Magistrates Order- Misdemeanor Only, which has taken a huge weight off my shoulders... Any advice guys?

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