Continuance on a Deferred Prosecution

[d_vanden]

My question involves criminal law for the state of: NC

Ok, heres the deal: In October, 2008 I was charged with simple possession (marijuana) and possession of drug paraphernalia in North Carolina. I got a deferred prosecution for that sometime in late November, I cant remember the exact date. The terms of my DP were six months unsupervised probation and 24 hours of community service. On December 17, I was charged with misdemeanor possession of a scedule IV controlled substance under the North Carolina Controlled substances act (xanax). Someone had suggested to me that I have a lawyer continue to get me a continuance until the six months is up, and then plead guilty to the xanax charge. I figure if I am charged, but not convicted within the six months, it will work. What I am asking, is will this work, and if not, what do you think my sentence would be?

One Last Thing I almost FOrgot: DO NOT TELL ME TO GIVE UP DRUGS!!!! I come to this forum seeking legal advice, not a rehab program.

[gigirle]

and if not, what do you think my sentence would be?

First offense for a controlled Schedule IV is a class 1 misdemeanor and 45 days in jail.
Since your not interested in giving up drugs, know that a SECOND offense is a class 1 FELONY with 4-5 months in jail.
I doubt your friends plan is going to work. When the check is done to see if there was a violation upon your completion of the DP, your toast.
Get a lawyer and yesterday.

[d_vanden]

First offense for a controlled Schedule IV is a class 1 misdemeanor and 45 days in jail.
Since your not interested in giving up drugs, know that a SECOND offense is a class 1 FELONY with 4-5 months in jail.
I doubt your friends plan is going to work. When the check is done to see if there was a violation upon your completion of the DP, your toast.
Get a lawyer and yesterday.

What good would a lawyer do me?
BTW I am givin up all narcotics, deliriants, dissociatives and all that other mess that will screw you life over, including alcohol. But the psychadelics never hurt anybody and I have no intention to quit them.

[gigirle]

What good would a lawyer do me?

Good point.

BTW I am givin up all narcotics, deliriants, dissociatives and all that other mess that will screw you life over, including alcohol. But the psychadelics never hurt anybody and I have no intention to quit them.

Good for you!
You already have brain damage if you believe that Xanax has never hurt anyone. They wouldnt be classified as a controlled substance if that were not the case. They are quite addictive. Just because it doesn't hurt you doesn't mean its never hurt anyone.

[d_vanden]

But yeah seriously, I dont think there is a loophole, so I dont think a lawyer will do me much good. I am in an outpatient rehab program and I have taken counseling. I am just trying to dodge jail time. WOuld it help if I can pass a drug test as I havent used any drug except marijuana and psilocybe mushrooms since December 17, but I am even clean off that(for now).

[gigirle]

I am in an outpatient rehab program and I have taken counseling. I am just trying to dodge jail time.

Then a lawyer is the one how would be able to negoiate for you. You may get a break since your in rehab.

WOuld it help if I can pass a drug test

YES, this will NEVER hurt.

as I havent used any drug except marijuana and psilocybe mushrooms since December 17, but I am even clean off that(for now).

YOu need to be able to be totally clean to pass a drug test. And I mean totally clean. Not even one.
What do you have to lose by trying to get it reduced?

[d_vanden]

Then a lawyer is the one how would be able to
YOu need to be able to be totally clean to pass a drug test. And I mean totally clean. Not even one.
What do you have to lose by trying to get it reduced?

I do not have enough money for a lawyer would a court appointed one work?

[gigirle]

I do not have enough money for a lawyer would a court appointed one work?

Sure a PD will work, it's just never wise to go into court without one. At this point, you have nothing to lose right? Good luck, I hope things work out for you.

[d_vanden]

Sure a PD will work, it's just never wise to go into court without one. At this point, you have nothing to lose right? Good luck, I hope things work out for you.

Thank you. I will go to court tomorrow and request a public defender.

[aaron]

The charge alone will likely cause the court to review your case, and you can be convicted of a probation violation before you come to trial on the new charge. (The standard for a probation violation is a "preponderance of the evidence", not "beyond a reasonable doubt", so it's much harder to beat one.) Definitely consult a lawyer.

As you seem to believe we care, perhaps you need to be reminded... Don't share your position on psychedelics with the court.