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  1. #1
    Join Date
    Oct 2005
    Location
    NC
    Posts
    1

    Default Was this delivery or possesion of drugs?

    Hi ya'll
    This is all new to me, but I hope I can find some help here. Please forgive me, for most of this information is second hand through my mother. Being that she does not have the finances, or Internet access, I have promised to try and find some answers for her.
    So here's my story...
    My brother was charged with delivery. His lawyer got the charges dismissed. I am not sure how much time elapsed, but he was again summoned to court. His name was never called and the judge said if your name has not been called raise your hand. My brother raised his hand, and was told there were no charges against him. The judge then called an officer to the court room and he filed possesion charges against my brother, and he was incarcerated. (6-8 months I think)
    Here is where the confusion comes in...
    My brother was being hired at a new job and was asked to get a copy of his records. The lady at the courthouse pointed out to him that he had been charged with the same crime twice. The delivery charge was dismissed and the possesion charge was made on the same case number. Is this possible? Obviously he has done his time on the charges already, but how can they dismiss it then charge him again? It is my understanding that delivery and posession are two seperate crimes, but he was only charged with delivery to begin with.
    Any help offered would be greatly appreciated.
    Thanks in advance,
    ~Tam

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Plea Bargaining

    It sounds like the result of a plea bargain - that is, the initial charge was delivery, but your brother was permitted to plead guilty to possession (which typically carries a lower penalty). If that were the case, once he successfully entered his plea to the amended complaint, the original charge would have been dismissed.

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