arrested for marijuana Possession in charlotte?
Depending on the particular charge involved, you may be facing years in jail and thousands of dollars in court costs and fines. Additionally, the Dept of Revenue can send you a bill for the tax on the illegal substance. If you are in high school or college and are seeking federal student loans, you can be denied for loans due to a conviction.
There are of course other consequences if you are convicted, such as, having a permanent criminal record could affect employment and future job opportunities. Due to the serious nature of a marijuana charge, you should retain a qualified law firm to defend your case in court. Contact an attorney directly to discuss your case: 704-334-7897 or at Robert@rjrlaw.com |
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WHAT IS GOING TO HAPPEN ONCE I AM ARRESTED FOR a MARIJUANA possession crime?
Once you or a loved one has been arrested, they will be be taken to the magistrate to have a bond issued, or they will be given a court date to have a bond hearing. If they can not post bond, they will not be able to be released prior to the court date. If your loved one is arrested, you need to call an attorney immediately. An attorney can, at the very least, file a motion to have a bond hearing to request a reduction in the bond amount. The amount of the bond will be primarily be determined by the specific crime that is being charged, as well as the person's prior criminal record.
The magistrate can issue different types of bonds. Once arrested, you may be issued a secured bond, meaning you must either pay the full amount of the bond in order to be released, or hire a bondsman and pay usually 10% of the amount of the bond in order to be released. If the magistrate issues an unsecured bond, this means that person arrested will not have to pay the amount of the bond before they are released.
If you are able to be released on bond, then you will await for your "first appearance" in court. This court date will usually be a few days after the arrest. This can be either in courtroom 1130 or 1150. If you can not post bond, you will have to wait in jail until the first court date.
The magistrate can issue different types of bonds. Once arrested, you may be issued a secured bond, meaning you must either pay the full amount of the bond in order to be released, or hire a bondsman and pay usually 10% of the amount of the bond in order to be released. If the magistrate issues an unsecured bond, this means that person arrested will not have to pay the amount of the bond before they are released.
If you are able to be released on bond, then you will await for your "first appearance" in court. This court date will usually be a few days after the arrest. This can be either in courtroom 1130 or 1150. If you can not post bond, you will have to wait in jail until the first court date.
What is going to happen on my first court date?
What happens on the first court date depends on whether or not you have retained an attorney. If you have not hired an attorney, your first appearance court date will be in front of either a judge or magistrate. This person will advise you of your charges and the maximum amount of jail time you are may face. He will then ask whether or not you want to hire an attorney, represent yourself in court, or ask for a court appointed attorney. In order to apply for a court appointed attorney, the Judge must find you qualify for a court appointed lawyer. This means, you do not have sufficient assets, or funds, to hire a lawyer.
If you have a lawyer, you may not even have to appear in court on the first appearance. This depends on the specific charge and the courtroom you are required to appear in.
If you have a lawyer, you may not even have to appear in court on the first appearance. This depends on the specific charge and the courtroom you are required to appear in.
WHAT should i expect as my case moves forward?
Depending on your specific charges and how you decided to proceed with or without an attorney will determine how the case progresses after the first court date.
If you are charged with a misdemeanor, and you are representing yourself and have not hired an attorney. You may be able to resolve the charge in room 1130 if you plead guilty. If you do plead guilty, the charge will stay on your permanent criminal record. You also have the option to plead not guilty and have a trial on the 4th floor at a later date.
If you are charged with a felony, you will usually be issued a probable cause court date within a very short time period (a few days) from the first court date. This is usually called "the PC date". You can choose to have a hearing to determine if there was probable cause for the arrest. If the grand jury determines there was probable cause, you will be rearrested and indicted, you will then have a new court date in superior court. You may waive this hearing and the case will be moved to superior court without being rearrested.
If you have hired an attorney, the attorney will usually try to have a plea deal arranged before moving the case to superior court. The attorney will discuss the facts of the case with the DA and will try to negotiate a deal. How willing the DA is to negotiate can depend on the facts of the case and the specific crime that is being charged.
If no deal is worked out in district court, then a superior court district attorney will be assigned to the case. The DA will then turn over all the evidence they have in the case. This is called discovery and will be turned over to your attorney. Once the attorney has discovery, they will be able to see every aspect of the state's case against you. This information will include all witnesses statements, any drug testing performed, video that my be present from body cams and dash cams, police reports, and any other piece of evidence that was obtained during the investigation.
Once a superior court DA has the case, they may offer your attorney a plea deal. This deal could be do a lesser crime or to eliminate jail time. If you do not accept the plea, then you will plead not guilty and then go to trial.
At the trial stage, you may either choose to have a trial by jury, meaning a group of 12 people will decide the case, or by the Judge. If you are at trial, you will either be found guilty or not guilty.
If you are charged with a misdemeanor, and you are representing yourself and have not hired an attorney. You may be able to resolve the charge in room 1130 if you plead guilty. If you do plead guilty, the charge will stay on your permanent criminal record. You also have the option to plead not guilty and have a trial on the 4th floor at a later date.
If you are charged with a felony, you will usually be issued a probable cause court date within a very short time period (a few days) from the first court date. This is usually called "the PC date". You can choose to have a hearing to determine if there was probable cause for the arrest. If the grand jury determines there was probable cause, you will be rearrested and indicted, you will then have a new court date in superior court. You may waive this hearing and the case will be moved to superior court without being rearrested.
If you have hired an attorney, the attorney will usually try to have a plea deal arranged before moving the case to superior court. The attorney will discuss the facts of the case with the DA and will try to negotiate a deal. How willing the DA is to negotiate can depend on the facts of the case and the specific crime that is being charged.
If no deal is worked out in district court, then a superior court district attorney will be assigned to the case. The DA will then turn over all the evidence they have in the case. This is called discovery and will be turned over to your attorney. Once the attorney has discovery, they will be able to see every aspect of the state's case against you. This information will include all witnesses statements, any drug testing performed, video that my be present from body cams and dash cams, police reports, and any other piece of evidence that was obtained during the investigation.
Once a superior court DA has the case, they may offer your attorney a plea deal. This deal could be do a lesser crime or to eliminate jail time. If you do not accept the plea, then you will plead not guilty and then go to trial.
At the trial stage, you may either choose to have a trial by jury, meaning a group of 12 people will decide the case, or by the Judge. If you are at trial, you will either be found guilty or not guilty.
What should i expect after the trial?
What happens after the trial depends on if you are found guilty or not guilty. If you are found not guilty, then you will be released and any bond you have posted will be returned within 7-10 days. You may then file for an expungment to have the charges removed from your record.
If you are found guilty, you will then be sentenced by the Judge. The sentencing or punishment will depend on what the specific crime you were found guilty of as well as your prior criminal record. Certain crimes, like trafficking in marijuana required mandatory jail time, while other felony marijuana crimes allow either jail time or probation sentences. Most misdemeanor marijuana crimes are punished with a probation sentence.
For a complete list of classifications of each marijuana crime and punishment level, please click here.
If you are found guilty, you will then be sentenced by the Judge. The sentencing or punishment will depend on what the specific crime you were found guilty of as well as your prior criminal record. Certain crimes, like trafficking in marijuana required mandatory jail time, while other felony marijuana crimes allow either jail time or probation sentences. Most misdemeanor marijuana crimes are punished with a probation sentence.
For a complete list of classifications of each marijuana crime and punishment level, please click here.
SHOUld you hire lawyer to defend your marijuana crime or weed possession in charlotte?
Due to the complex laws and severe punishments that you face if convicted for a marijuana charge, you should certainly have an experience criminal defense attorney represent you in court. Mr. Reeves and Mr. Lee both have extensive experience in defending marijuana crimes. Both have received awards from The National Trial Lawyers for their work in Criminal Defense. Our attorneys are both proud members or NORML and understand the evolving landscape of the marijuana laws and the progress to becoming legalized in North Carolina and Charlotte.
By having Mr. Reeves and Mr. Lee both reviewing and defending your case, you can feel confident that your case is being defending by caring and experienced lawyers. When you retain them, you will be able to contact them on their personal cell phone at any time to discuss any issues or questions you have. Each client is important and receives one on one attention.
Please click here to read more about our lawyers.
By having Mr. Reeves and Mr. Lee both reviewing and defending your case, you can feel confident that your case is being defending by caring and experienced lawyers. When you retain them, you will be able to contact them on their personal cell phone at any time to discuss any issues or questions you have. Each client is important and receives one on one attention.
Please click here to read more about our lawyers.
What does it costs to hire our firm as your lawyers
If you do not want to pay for an attorney, you can always plead guilty for free. If you want to be defending by experienced criminal defense trial lawyers, then look no further. Our firm charges flat fees for marijuana crimes. The fee will vary depending on the crime or crimes you are charged with.
Our firm does offer payment arrangements and accepts credit cards.
Please call our office to schedule an appointment to come and meet both Mr. Reeves and Mr. Lee and they will go over your case and give you a price quote based on your case.
Our firm does offer payment arrangements and accepts credit cards.
Please call our office to schedule an appointment to come and meet both Mr. Reeves and Mr. Lee and they will go over your case and give you a price quote based on your case.
Our office is conveniently located just feet away from the Mecklenburg County Courthouse.
Robert J. Reeves p.c.
301 S McDowell St #814,
Charlotte, NC 28204
704-351-7979
www.RJRlaw.com
