Convictions for drug offenses are extremely common in the North Carolina Court system. However, they are also extremely damaging to a person’s opportunity for gainful employment. Moreover, many people’s first criminal charges are drug offenses, and such charges are not necessarily indicative of a person’s likelihood to continue criminal behavior. It was with this in mind that the North Carolina Legislature passed N.C.G.S. 90-96. This statute gives many first-time drug offenders a chance to avoid severe punishment and even more importantly, avoid a conviction that will stay with them the rest of their lives by offering a deferred prosecution.
The statute itself is composed of three major parts: qualification of persons, qualifications of charges, and conditions for the discharge.
Qualifications of persons:
First and foremost, conditional discharge under 90-96 is a one-time-only option. The statute makes explicitly clear that it will only be offered once; However, there are additional restrictions that may disqualify those who have never had a 90-96 deferred prosecution.
Any prior felony convictions will also disqualify a person from a 90-96. This includes not just North Carolina convictions, but other state convictions and federal convictions. Any previous federal or state drug offenses are also disqualifying.
Finally, even if you meet these qualifications a Judge and District Attorney together could decide that the factors of your specific can make you unfit to receive a 90-96. This is rare and would require extenuating circumstances far beyond a typical drug charge.
Qualifications of the Charges
As stated above, a 90-96 is only available for drug offenses, but this doesn’t mean it applies to all charges relating to drugs. Generally, the only drug charges that qualify are misdemeanor or felony possession charges for drugs Schedule I-IV or drug paraphernalia charges.
This means that drug charges involving driving after using drugs, selling drugs, or maintaining a dwelling for the purpose of selling a controlled substance will not qualify. However, the language of the 90-96 statutes makes it clear that if your criminal history and criminal charge meet all of these requirements a deferred prosecution will be offered, but for the charge to be dismissed certain conditions must be met first.
Conditions for Discharge
All the statute requires is that a person who qualifies for a 90-96 is placed on probation with reasonable terms and conditions to be imposed by the court. This obviously gives the court a fair amount of leeway for what conditions to impose; however, certain conditions are fairly typical.
Almost always one of the conditions is mandated drug education or rehabilitation classes. These can take several months to complete and successful completion of these classes is required. Additionally, consistent drug tests can be a condition as well.
Some amount of community service hours is another popular condition of a 90-96. Certain courts may also require that a defendant either maintain employment or actively seek employment.
Finally, you may be required to pay fines although a court will generally allow someone six months to pay the balance. If all of the conditions are met, the charges will be dismissed after the probationary period is over. However, if any of the conditions are not met the state will continue with its prosecution.
If you are facing criminal charges, it is important to speak with an experienced criminal defense lawyer to discuss your options. An attorney can help you determine if you are eligible for a diversion program and guide you through the process.
At King Law, we offer services throughout North Carolina and parts of Northern South Carolina. Our team of experienced lawyers will work tirelessly to get you the best results possible. Call us today at (888)-748-5464 (KING).
North Carolina 90-96 Conditional Discharge Explained
