Updated 2/9/2020
This statewide statutorily created program allows many defendants the opportunity to have misdemeanor and even felony drug related charges dismissed and ultimately expunged from their record completely. This list includes but is not limited to drugs such as marijuana, but also includes cocaine, heroin, oxycodone, methamphetamine, opiates, and LSD. What charges qualify for conditional discharge under 90-96?
Requirements for conditional discharge under 90-96(a):
Requirements for conditional discharge under 90-96(a1):
How much does the 90-96 program cost? The fees usually include ~$200 in Court fees and whatever fees are required for the drug education classes. Drug education class fees typically run another $100-$400 depending on whether you use a non-profit State run program or a for-profit private provider. Although a private provider may cost more money one advantage is it gives you control over whether the provider you choose requires random drug testing. Another advantage is private providers often have weekend and evening classes that may better fit your work schedule. Perhaps the best reason to choose a private provider, if you can afford it, is a private provider knows you have a choice, and hence they tend to treat you with much more respect. Do I have to pay probation fees on the 90-96 program? If the Judge places you on supervised probation then you may face probation fees of ~$40 per month. Best case scenario is unsupervised probation (where you don’t have monthly meetings or fees) for six (6) months or less. Can I be drug tested on the 90-96 program? Yes- although this requirement varies by county, judge, and drug education provider. Be aware if you are in Superior Court with a felony and are placed on active probation that failing a drug test is a violation and can result in activation of any suspended sentence along with a felony conviction. What if I have had a prior conviction years ago? If you have not had any convictions in the prior seven (7) you may still be eligible for the more intensive program under NCGS 90-96(a1) which requires a minimum one (1) year probation term. What do the drug classes involve? The drug education requirement generally requires a drug assessment that results in a recommendation of at least 15 hours of classes. Is a 90-96 the same as deferred prosecution? No- In the 90-96 program the defendant is convicted, but placed on probation without the Court entering judgment, pending review at the end of the probation period. This is different than a deferred prosecution that does not involve an initial conviction. That being said successful completion of the 90-96 program is similar to a deferred prosecution because the eligible charges are ultimately dismissed. Do I have to have an attorney to apply for the 90-96 program?An attorney is not required, but is always advisable especially in criminal Court. If you cannot afford to hire legal counsel you may be eligible for a Court appointed attorney. Is there any advantage to hiring an attorney? An attorney may convince the District Attorney you are not guilty and therefore the case should be dismissed outright, without going through the 90-96 program. Another possibility, depending on the County, is a formal or informal deferred prosecution as opposed to the 90-96 program. Are there risks to entering the 90-96 program? You can only enter this program after you have been found guilty or plead guilty. This means that if you violate any terms imposed by the Judge relating to probation, drug classes, drug testing, new charges, paying fees, etc... then you may be immediately sentenced. Do not waive your right to a trial if you have any doubts about whether you can successfully complete the program. Can I expunge charges after completion of the 90-96 program?Yes- you may eligible as soon as the case is dismissed. The expunction process takes another 9-12 months to complete and there is a ~$175 filing fee to the Court. 90-96 AOC Forms:
88 Comments
Kimberly
4/26/2016 11:14:00 am
Will I be able to ask for a 90-96 for a felony methamphetamine charge?
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Jason Witt
4/26/2016 12:37:22 pm
You should be able to ask assuming you meet the other criteria, but make sure you talk with a local attorney.
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steve patterson
9/21/2016 09:35:59 pm
my 23yr old daughter was arrested/charged w felony posession cocaine, less than gram, she was in wrong car @ wrong time, wasnt hers, how can i navigate this 90 96 program wo an attorny? is there a form i can turn in to the da/clrk of crt requesting it? do we have to wait for the court date? is this my best option you think?
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Jason Witt
9/22/2016 11:00:07 am
90-96 involves pleading guilty and hoping for a dismissal after the probation period. That would likely require supervised probation for 6-12 months with a felony charge. If she was simply a passenger pleading guilty is probably a mistake.
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steve patterson
9/21/2016 09:37:45 pm
my daughter has no record at all. roanoke rapids, halifax county
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Tim
10/29/2016 04:15:26 pm
My sister is currently on the 90-96 program in Burke County. She was driving a car and was pulled over. Her husband was arrested for felony possession of crack and a misdemeanor paraphernalia charge. Will this effect her 90-96 if her probation officer finds out?
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Jason Witt
10/29/2016 05:37:32 pm
Let me first start by saying I do not practice in Burke County so I can’t say how things work out there. That being said, it seems hard to violate her if she was not charged with a crime. You need to warn your sister this may put her probation officer on notice to drug test her or show up unannounced to her house to search for drug activity.
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Bria
11/28/2016 04:32:42 pm
Hey I just recently got a citation for less than half an oz of marijuana , this is my first offense and I had a .5 , not even a gram , could I ask for a 90-96 program ?
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Jason Witt
11/28/2016 04:45:24 pm
You could apply for the 90-96 program, but there may be easier options depending on the county you were charged. An easier/better option may be an informal deferred prosecution.
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I am currently on a 90-96 and my probation will be terminated Jan. 6th but I am going to school this spring so I'm looking for apartments. I applied at one and was rejected because of my record. Is there anything I can do to be able show the '' apartment people" that all the charges will be dismissed?
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Jason Witt
12/21/2016 05:18:01 pm
If you are still on probation then your case probably has not been dismissed yet- it likely shows as a pending charge on your record. Most likely it will be dismissed on January 6, 2017 when your probation is completed. At that time your record will be updated to show your charge was “Dismissed after deferred prosecution”. That may still cause problems, so an expunction may be necessary to get it completely removed from your record. An expunction generally takes 9-12 months to finalize.
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Veronica
3/6/2017 01:05:53 pm
What happens if I don't complete my community service for a misdemeanor possession of less than a half once marijuana
Jason Witt
3/6/2017 01:52:56 pm
If you already signed an admission of guilt pursuant to 90-96 then the Judge can jump right to sentencing at your next Court date for failing to complete the program. Best bet is to ask for more time to complete your classes and hope the Judge is compassionate enough to grant your request. That being said, community service is not usually a requirement for the 90-96 program so I am not sure what you signed up for. Did you have an attorney?
Makayla McFarland
9/1/2017 10:05:11 am
After I finish the 90-96 class do I have to get a lawyer to get it expunged?
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Jason Witt
9/1/2017 10:30:11 am
You can always file the paperwork yourself if you do the research and legwork. Just be aware the process is not automatic and there is a court filing fee of approximately $175.
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Nick Johnson
9/27/2017 07:46:06 pm
Hey if I'm currently enrolled in the 90-96 program for 6 months on unsupervised probation is it likely that I'll get drug tested thanks.
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Jason Witt
9/27/2017 08:23:43 pm
Unsupervised probation usually has no oversight. That being said, things vary by county. It appears only the first 4 conditions of regular probation apply if unsupervised.
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Omar
12/4/2017 12:05:29 pm
I completed my probation in 2014 and my record wasn’t expunged after the 90-96 in mecklenburg county. It’s still showing up on my record and keeping me from getting jobs. What can I do? They tried to violate my probation on my last day on the program but was let go.
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Jason Witt
12/4/2017 02:31:05 pm
Just because you completed the 90-96 program does not mean the fact you were charged was supposed to be removed from your record. If you want everything removed you would need to file for an expunction. If the case was dismissed you should be eligible. The process takes 9-12 months to finalize. If you wanted to hire this office the attorney fee would be $750 and the court filing fee would be $175. You can also file yourself if you don't want to hire a lawyer, but you would still have to pay the filing fee since it was dismissed after a deferred prosecution.
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Mateo Rodriguez
12/7/2017 02:37:46 am
I went to a concert in Charlotte and got charged with possession of less then an ounce of marijuana. I went to court and need to take a 15 hour drug education course but i can't find any in my area (Greenville SC). What should i do. I saw there are online classes but I'm not sure if they will accept that. Please help.
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Jason Witt
12/7/2017 02:23:58 pm
I doubt Charlotte will accept an online class. I find it hard to believe there is no place in Greenville, SC that does substance abuse assessments. I just did a quick search on Google and located the Phoenix Center and Pavilion Greenvile Outpatient Services that both advertise they offer substance abuse assessments and classes.
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Janet
12/16/2017 03:32:13 pm
My daughter has a 90/96 that will end in January. After that, will it show on a background check done by the military? She wants to join the service. It was felony possession of drugs and maintaining a dwelling to manufacture with intent to sell.
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Jason Witt
12/16/2017 06:51:07 pm
All charges remain on a criminal record until expunged. Nothing ever just falls off. Upon successful completion of the program her record should say "dismissed after deferred prosecution". As soon as the case is closed she should file for an expunction. There would be a $175 filing fee and the expungement process takes 9-12 months to finalize.
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Reginald White
12/26/2017 08:18:23 pm
I have a 20 year old possession charge that I would like to have removed. Can I still go through the 90-96 program to do so?
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Jason Witt
12/27/2017 09:43:05 am
The 90-96 program is for unresolved charges. If you already plead guilty 20 years ago you may now be illegible for an expunction.
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Amber Garrett
1/16/2018 09:48:32 am
Hello, I was convicted in 2006 of a felony possession charge. I had just turned 22 years old. I pleaded guilty and do 18 months probation. I know I'm the pastI could not get my record expunged, but with the new laws would it possible?
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Jason Witt
1/16/2018 11:57:38 am
If no other convictions I believe you would be eligible now.
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Brooklyn Gregory
2/20/2018 09:29:31 pm
Do i have to have a clean system to register in this class
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Jason Witt
2/21/2018 10:20:31 am
Drug testing could vary by county. You would need to speak with someone local.
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Tony
5/15/2018 07:11:13 pm
I have completed the 90/96 program and successfully expunged my conviction several years ago. I now work in the financial industry and just started another job and have to file an U-4 through FINRA. My first U-4 I had no issues, but some questions are asking if I’ve ever been convicted or charged or etc. Can background/finger prints not see expongments?
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Jason Witt
5/15/2018 08:07:21 pm
You have to understand that your charge was public record at one time. Although an expunction removes the charge from your public record private databases are under no obligation to purge their records. This means an employer that utilizes a private database could potentially see an expunged charge.
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Jalesia Autry
5/20/2018 07:01:16 pm
I was wondering how it would work being i was on probation for 3 years paid fee's and all its been 7 years almost background info incorrect not accurate false info. How do i go about getting it expundged?
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Jason Witt
5/20/2018 10:19:34 pm
What exactly was your conviction? Any other convitions of any kind?
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Kendall
7/11/2018 05:20:56 pm
I recently got a citation for less than half an oz of marijuana and marijuana paraphernalia. I'm a Georgia resident and this would be my first offense. Would I be eligible for the 90-96 program?
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Jason Witt
7/11/2018 05:32:21 pm
You should be eligible. Depending on the county you may even be able to get a dismissal without going through the formal program. Reach out to an attorney in that county for advice!
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yolandia
10/4/2018 07:17:31 pm
I was charged with felony maintain veh/dwell/place(CS) and was placed on probation for two years. I completed probation 7 months early and have been off for almost four months, I'm I still able to apply for 90-96 to get this felony expunged off my record?
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Jason Witt
10/4/2018 07:42:54 pm
Successful completion of the 90-96 program generally results in a dismissal. Was the charge dismissed?
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Jaleesa Mo
10/28/2018 03:09:44 pm
I have a review for a 90/96 case coming up and I was wondering what would happen what I have to do any jail time put back on probation
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Jason Witt
10/28/2018 04:47:36 pm
Did you not finish everything you were required to do such as complete your drug education classes?
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Jaz
1/18/2019 11:19:16 am
Plead guilty in court, represented myself advised by others to just pay fine, but need my medical license what do I do to get this off my record. Marj. Poss
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Jason Witt
1/18/2019 12:27:39 pm
You would either have to wait the required wait period for expunction which is generally 2-5 years for misdemeanor drug convictions (assuming you are eligible at all) or you would need to have the case reopened and dismissed. What county is this charge from?
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Lou willliams
4/24/2019 11:10:55 am
I have a 90-96 agreement sent for dismissal on 4/26/2019.
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Jason Witt
4/24/2019 11:34:09 am
It is up to the judge, but I have never actually seen the DA's run an updated criminal record in the counties I practice in at the 90-96 review.
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sarah
5/22/2019 11:34:47 am
my attorney really did not explain to me what a 90 96 was. can you help please.
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Jason Witt
5/22/2019 02:26:24 pm
The 90-96 program varies by county- what county is your charge from?
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Tonya Burris
7/16/2019 05:47:09 pm
Rockingham county
Jason Witt
7/16/2019 07:06:34 pm
Procedure varies by county and I only practice in Union and Mecklenburg county so you would need to speak with someone in that county.
Chris
5/23/2019 05:00:55 pm
Do they watch you pee during you’re drug test ?
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Jason Witt
5/23/2019 06:04:13 pm
That likely depends on the testing center, but most have some method to prevent you from bringing in clean urine to cheat the test otherwise what would be the point of testing if everyone could simply bring clean urine. Also, not all people on the 90-96 program are even drug tested- that varies by county and judge.
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Al
6/29/2019 01:05:14 pm
I am currently on probation with a 90 96 until December 2019. I am hoping to become an RN one day. If I successfully complete this program, would my charges still come up with the nursing board, causing me to become disqualified. Trying to decide if it’s even worth it to stay in the classes that I’m currently enrolled in.
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Jason Witt
6/29/2019 05:29:23 pm
The fact that you were charged will always appear on your record until the case is expunged. Make sure to start that process as soon as the case is dismissed because it usually takes 9 months or longer to finalize.
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10/8/2019 04:54:53 pm
My son started a 9096 in New Hanover county april 2018 and in august 2018 he plead guilty to wreckless driving for speeding in Wake COunty. We understood that driving convictions do not effect the 9096. Is there any law in the 9096 that backs this up? He has been on probation for 18 months and has no other charges. he has done community service, attended a residential program and intensive outpatient.
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Jason Witt
10/8/2019 06:54:57 pm
Per statute the court shall "defer further proceedings and place the person on probation upon such reasonable terms and conditions as it may require."
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Harrison Cruz
11/21/2019 04:37:40 pm
My baby’s mother just got the charge dismissed thanks to the 9096. How long until it appears off her record?
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Jason Witt
11/22/2019 10:48:06 am
If she wants the charge removed from her record she will have to file for an expunction which is a separate procedure. There is a $175 court filing fee and the process takes 9-12 months to finalize.
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Sean
1/26/2020 10:24:51 am
Son is hoping to have a 90-96 approved... but then wants to move out of state to Colorado and work in the Marijuana Industry. Will this affect his 90-96 - I advised against it, but legally, does it have a negative impact on his case?
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Jason Witt
1/26/2020 10:47:39 am
He should just make sure he abides by all terms and conditions of his 90-96, which could include drug testing depending on the judge.
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Scott
1/31/2020 12:07:12 pm
Does the North Carolina Drug Education school drug test for misdemeanor marijuana charges under the 90-96 program?
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Jason Witt
1/31/2020 03:13:10 pm
Some programs do drug test- you should ask them ahead of time if there are any drug testing fees.
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Allie Davis
2/9/2020 02:25:33 am
I was offered a deal from the da that I do year of probation take a drug assessment 24 hrs of community service and after I did all that it would be dismissed and cleared from my record. Reading all of these posts are scaring me I got disMissed on 6/6/19 in Carteret county
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Jason Witt
2/9/2020 11:15:51 am
The 90-96 program is a great way to have a case dismissed assuming you complete all the requirements. What are your concerns especially if your case was already dismissed last year? If you are worried about it still being on your record then expunction would be the solution.
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Diana wilkinson
4/25/2020 12:09:29 am
I was charged with felony possession of meth, felony poss stolen goods/property, and misdemeanor poss drug paraphernalia.. I have never been in trouble at all I have a clean record so I was gonna do the 9096 but after seeing these discrepancies I honestly don’t wanna do that bc it’s me pleading guilty to something I didn’t do so I thought about trying to fight the charges instead due to discrepancies.. I received 2 probable cause papers and they both say something totally different/missing info about what was found and where etc so at the time of this incident the cops stated on the first of the two probable cause papers that they noticed a blue container about 2 feet from passenger side of vehicle on the abandoned property We had pulled into but they never mention what was in container at all etc but yet they charged me for it/for the paraphernalia and meth charge Even tho it wasn’t in my car or on me so how can they charge me for it? Bc in 2nd probable cause paper they change their story and say something totally different they say in 2nd probable cause paper that during search of vehicle they found a small amount of meth and paraphernalia which I know is BS bc I know for a fact I didn’t have anything in my car! They also didn’t mention anything about the meth and paraphernalia they found in the 2nd probable cause paper that they supposedly found on the abandoned property we pulled into and that was supposedly 2 feet from my car.. It was also never mentioned in the first probable cause paper and they also never mention The blue container they supposedly found 2 ft from my car on abandoned property we had pulled into as they stated in the first probable cause paper so what’s up with blue container? What was in it? Where did it go? Why wasn’t it mentioned in 2nd probable cause paper? Why wasn’t the meth and paraphernalia mentioned in the first probable cause paper?
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Jason Witt
4/26/2020 12:20:39 pm
For specific legal advice you should speak with a local criminal defense attorney who knows the DA and local judges.
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Robert Boline
6/7/2020 09:36:17 pm
I completed the terms of the 90-96 and had charges dismissed for possession of paraphernalia, small amount of marijuana and a small amount of cocaine, less than a gram, but considered a felony. That was in 2004-2005 ish. Charges were dismissed as I mentioned and as per the 90-96 , I believe I had plead guilty .
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Jason Witt
6/8/2020 11:55:06 am
Successful completion of the 90=96 program should result in dismissal of the charges. I have not heard of dismissed charges creating a problem in getting a gun permit, but it certainly could impact your ability to get a job or rent an apartment. You should strongly consider applying for an expunction to remove all evidence of the charges from your record.
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Robert Boline
6/8/2020 01:48:07 pm
Thank you very much. I am considering the expungement process as I have already been turned down for housing in the past. I have always been an avid Hunter and have been wondering about the purchasing of additional firearms.
HCS
11/10/2020 09:25:05 pm
What happens if the court or probation revokes your 90-96? Do you immediately serve the full sentence, is there any kind of leniency on the time you serve, and if you’re already in custody, does the court have to notify you if they activate your sentence?
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Jason Witt
11/11/2020 11:04:49 am
Most of the time there is no sentencing done when entering into a 90-96, that happens after you fail complete the program. You are basically at the mercy of the court after failing to comply with the terms and conditions of a 90-96 plea.
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Tee
2/1/2021 08:03:46 pm
I just recently moved from New York to NC and got a possession of marijuana charge .5 less than 1 Oz and a Paraphernalia charge, would I be able to settle this myself and just pay the fines or will the system require me to come back to the court several times to get this resolved. Is this something I need an experienced attorney to assist me with the charges occurred in Apex? I am not sure how the court system runs here and if I can get this resolved on my first court date. Thank you.
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Jason Witt
2/2/2021 10:12:53 am
Pleading guilty is always an option, but then you have a criminal record that may impact your employment going forward. You would need to contact your local courthouse to see if you can plead guilty on your initial court date, although my advice would be hire a lawyer and see if dismissal is an option after a drug class.
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Amy Brown
1/27/2022 01:50:55 am
I recently got pulled over and they found meth in a bag. They charged me with possession and paraphernalia. I am in Beaufort county. Will I be eligible for a 90-96? I have no prior drug charges.
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Jason Witt
1/28/2022 03:08:38 pm
You would need to speak with a local attorney to explore your options. Perhaps even a deferred prosecution is an option if you are a first time offender.
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Michael Devitt
9/26/2022 09:27:42 am
I was pulled over entering NC and was charged with felony possession of methamphetamine. I am scheduled to appear in court tomorrow morning and do not know what course I should take. I have no prior convictions of any kind and don’t know what I should do next
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Jason Witt
9/26/2022 09:32:39 am
You should be given the opportunity to ask for a court appointed attorney or ask for a continuance to hire your own attorney. Keep in mind, that you can always fire your appointed attorney and hire your own later, but you can't waive your right to court appointed attorney then change your mind.
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I’m doing 90-96 with only my drug ed classes left to complete it.. Im on unsupervised probation and completely clean but never took a drug test and don’t know if they will watch me take it as i literally just won’t be able to let it out.. sorry for the TMI but I needed to know if they will watch over me urinating even if I was on unsupervised..
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Jason Witt
11/11/2022 08:48:29 am
Requirements can vary by county and probation officer.
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Angela
1/20/2023 08:31:57 am
My son was given a 9096 for marijuana possession but had moved to Michigan before going to court. There is nowhere in Michigan that will allow him to do community service. He is required to do 24 hours, what happens when he goes to court and hasn't done these? He has paid the fines as required.
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Jason Witt
1/20/2023 08:52:26 am
He will be at the mercy of the court if he has not done what was required by him. Bottom line is the judge could find him guilty and enter a sentence.
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Joshua
1/27/2023 01:53:42 pm
I've been placed on 90-96 unsupervised probation. It's unsupervised because I don't live in the state of NC. I live 4.5 hours away. Is there an online drug assessment class that I could take or am I able to take a course in Virginia?
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Jason Witt
1/27/2023 02:03:51 pm
It is ultimately up to the judge and/or DA as to what is acceptable. You should reach out to your attorney or the DA on this issue.
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Shon
1/31/2023 04:33:38 pm
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Jason Witt
1/31/2023 06:27:22 pm
Almost anything is possible, but it would likely be up to the DA and/or judge.
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Andrew
10/31/2023 01:40:59 am
I was charged with a misdemeanor possession of less than half an ounce of marijuana. I was given the option to take a substance abuse class to dismiss charges. I feel my attorney could of gotten a better deal like community service. Can I go to jail if I don't complete it before my court date?
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Jason Witt
10/31/2023 08:40:23 am
Forcing you to take a drug awareness class instead of a community service is somewhat standard for drug cases- the whole point is to convince you that drugs are bad and community service does not educate you about drugs.
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Sherry
1/25/2024 11:36:29 pm
So I been on the 90-96 but I caught driving tickets 3 driving with license revoked impaired in 1 none impaired driving revocations all on my way to work. I am on thin ice I know but I recently been in a drug treatment program for 2 months leaving tomorrow I have violations for them tickets and not paying my fines I completed my drug assessment dwi class and didn’t pay it. But my lawyer and probation officer is going to try and get me more time on probation and I plan to do intensive outpatient treatment and I am currently 20 weeks pregnant. I am just wondering am I completely screwed or is it possible that I get more probation time. This is my first time violating
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Jason Witt
2/17/2024 03:19:07 pm
It really depends on your probation officer and the court.
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Scott
8/22/2024 11:36:14 pm
So back in 2003 I got busted with possession of methamphetamine I did 9096 then got a deferred Prosecution after completing the 9096. I have had no charges since then last week I got busted with my wife’s methamphetamine and Drug paraphernalia. I’ve been trying to get her clean and had it in my possession whenever I got pulled over so I got a charge for it. I have a good job and I don’t need this felony on my record for something that wasn’t even mine And sober since 2003 I don’t know what to do
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Jason Witt
8/23/2024 08:52:52 am
The 90-96 program is a one shot opportunity. All you can do at this point is speak with a local attorney to see if an informal deferred is perhaps an option.
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