Can I Represent Myself On My Possession Charge?

You can represent yourself on your Class 3 Misdemeanor Possession of Marijuana Under a 1/2 Ounce Charge G.S. 90-95(a)(3) — but you probably shouldn’t.

Marijuana is a Class VI substance in North Carolina. It is still illegal in NC. You can be cited for having a minuscule amount of weed in a baggie, pipe, ashtray, or backpack. If it is your first offense and you were caught with a small amount of pot, you should not be in danger of going to jail. More likely, you will receive a citation that has a date of when you have to appear at the Wake County Justice Center.

Why Not Just Plea?

You should not plea right away to your marijuana charge — there is a chance is could be dismissed. However, the assistant district attorney isn’t going to just dismiss it because you asked. You may have options, such as an informal deferral program. There are also other ways you may be able to get a dismissal.

How Long Does It Take To Get The Charge Dismissed?

It depends. It could be as soon as your first court date, or it could take up to six months if you successfully complete a deferral program. Talk to your lawyer about your options.

Can I Get It Expunged?

If the charge is dismissed you should be able to get it expunged. You may owe a $175 fee to the Wake County Clerk of Court depending on how the charge is dismissed. This process generally takes about six to nine months (although depending on your age it may be faster — ask your lawyer about whether you are eligible for an immediate expunction).

Did you receive a marijuana charge in Raleigh or elsewhere in Wake County? Criminal Defense Attorney William Pruden has handled many marijuana citations in Wake County — contact him at (919) 880-2124 for more information on your options.

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