I was with soime friends at a club. I went to bathroom and a guy put something in my hand. When I looked at what it was, there was a security right there and he took it from me and arested me. Said it was cocaine. I honestly don’t do drugs. I told him it wasn’t mine but he arrested me anyhow and the guy who gave it to me had left out of there. I don’t know what to do. A friend told me to try and get into a deferment program or somet5hing but I don’t feel like I( want to do anythning that will mess up my record.
I generally agree with the first post but would differ slightly on a few points.
First, if by “security” you mean an off duty officer, or bouncer for the club/establishment, then you may have some defense as to whether you were unlawfully detained.
Secondly, there may be an issue as to whether you “knowingly” possessed cocaine as it appears that someone simply shoved/placed something into your hands. It’s not likely your friend/passerby will be willing to come to court to testify against his own interest but there does appear to at least be an issue.
Ultimately, if you have no prior drug record and have not before been placed on probation, then a deferred prosecution, for drug cases, commonly known as a 90-96 Conditional Discharge, is a great option. Given the changes in the law, a defendant charged with certain minor drug offenses with no prior record is no longer entitled to a 90-96. With that said, whether or not you hire your own attorney, you will want to weigh carefully your decision to take the matter to trial as you won’t want to forfeit the opportunity for a 90-96, if you were to lose the case at trial–this will depend on the judge. A finding of guilty doesn’t necessarily preclude your receiving a 90-96 but that would be subject to the judge’s approval. Typically a 90-96 requires completion of community service, a drug education course and/or drug assessment and treatment, if required, along with other conditions such as not having new convictions during the period of probation. If successfully completed, the underlying offense is dismissed and can be usually be expunged from your record immediately following dismissal as though it never occurred.
I hope you find this information helpful. I am familiar with a few attorneys in Guilford County although I do not practice there. I recommend contacting Attorney Thomas Johnson, Jr. with Gray, Johnson and Blackmon. Mr. Johnson is a former prosecutor in Guilford County.
Hire a good defense attorney in Guilford County. I do not practice in the area or I would offer to help.
Also, you said security “arrested” you? Security is typically not law enforcement with authority to arrest. What it sounds like is that you were detained by a private individual employed as a bouncer for the establishment. If the case goes to trial he would be a necessary witness along with the arresting law enforcement officer that ultimately arrived.
It sounds to me there are a number of issues here that a good defense attorney could poke holes into if you are willing to pay for their services. If you cannot afford a private attorney ask for a public defender – at the very least that will buy you time to hire your own counsel later if necessary. Not to say public defenders are not capable, usually they are very competent but unfortunately do not always have enough time to devote to your case.
A deferred prosecution program is an option if you have a clear record. A public defender could easily help you with this. Personally I would hire an experienced defense attorney to devote the time necessary to have the case dropped outright or fight the issues at trial.
Good Luck.
