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.
