Alcohol & Drugs: MIP, MIC, Intoxication North Carolina Controlled Substance Act

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ganymeda1981

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**note**
I have already posted part of this information in another thread, but have since realized that i didn't give enough information or even ask the right questions. I know very very little about law and have never been in trouble with the law myself. I hope the thread will give all the information needed, but, if I've missed again, please tell me what I need to clarify.
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My friend, Justin, got a citation on Nov 24.

1. Possess ½ ounce or less of marijuana, a controlled substance included within schedule VI of the North Carolina Controlled Substance Act.
2. Did possess Xanax, a controlled substance included within schedule IV of the North Carolina Controlled Substance Act.

Thinking honesty is the best policy at his court date Jan 18 he pled guilty. He thought he would just pay a fine and everything would be okay. He has to go back to court Wednesday for sentencing. He just told me about it all the other day, and I started calling law firms.

The case manager at the Cochran law firm said he would probably be facing a year in jail (said Xanax was a felony-he had 3 on him at the time), a $1,000 fine or both.

The case manager I spoke to there said that they would take the case, get a continuance and hopefully switch the plea to not guilty. He told me that they would charge anywhere from $5,000 to $10,000 depending on how much they had to do. Justin has no way of coming up with this much money and I don't have that much to give/loan him.

I called another local law firm (Cecil Jenkins). They said they would do the same thing the Cochran firm would do and would charge a flat $400 fee. This is something Justin can afford.

There's such a huge difference in the fees that I'm wary. Is $400 incredibly low and does this low fee indicate that the lawyer may not be very good. The people I spoke with there were really nice and I would love to work with them, I just want to be sure.

Obviously Justin hasn't gone about this in the best way or given the matter the seriousness that he should have. But, what's done is done. I'm trying to figure out how to help him now. He's been at his job for 6 months - his first really great job, he can't afford to lose it. He's getting his life on the right track and is doing better than I've ever seen him. There has to be something that can be done.

I would really be grateful for opinions about fees and lawyers, angles that I haven't thought of that would help, information about laws concerning this case, a place to call or a web site that maybe rates lawyers or something so I can have some idea of who we're hiring, anything.

What exactly is prayer for judgment and could it be used in this case?

Click this link
http://www.freewebs.com/justincourt/justincourt.htm
to see all the information I have including priors, court date information, offense, all the information from the citation and a scan of the citation.
(Names, SS#, DL#, etc. have all been marked out to maintain Justin's privacy.)
 
I called another local law firm (Cecil Jenkins). They said they would do the same thing the Cochran firm would do and would charge a flat $400 fee. This is something Justin can afford.

There's such a huge difference in the fees that I'm wary. Is $400 incredibly low and does this low fee indicate that the lawyer may not be very good. The people I spoke with there were really nice and I would love to work with them, I just want to be sure.

Obviously Justin hasn't gone about this in the best way or given the matter the seriousness that he should have. But, what's done is done. I'm trying to figure out how to help him now. He's been at his job for 6 months - his first really great job, he can't afford to lose it. He's getting his life on the right track and is doing better than I've ever seen him. There has to be something that can be done.

I would really be grateful for opinions about fees and lawyers, angles that I haven't thought of that would help, information about laws concerning this case, a place to call or a web site that maybe rates lawyers or something so I can have some idea of who we're hiring, anything.

What exactly is prayer for judgment and could it be used in this case?

Click this link
http://www.freewebs.com/justincourt/justincourt.htm
to see all the information I have including priors, court date information, offense, all the information from the citation and a scan of the citation.
(Names, SS#, DL#, etc. have all been marked out to maintain Justin's privacy.)[/QUOTE]
Do you happen to recall the name of the "Case Manager" at the Cochran firm? If so, please look that person up on http://www.martindale.com (Martindale-Hubbell or "M-H"), and find out whether that person is an "attorney". Only licensed, practicing attorneys can set fees - not any support staff (non-attorneys). "Case Managers" are usually non-attorneys.

I looked up the M-H profile for Cecil Jenkins, Jr. PA in Kannapolis, NC, and, unfortunately, found no rating or other info. (an AV rating is the best), however that doesn't mean this attorney/law firm isn't any good.

If you perform a search on M-H for an attorney in your area, within the proper area of practice, you'll receive info. about attorneys/law firms who might can help your friend. Just please chose one that has an "AV rating". If he retains counsel BEFORE his court date, the attorney can request a continuance (as 1 day is NOT enough time for any attorney to review and prepare for a case such as this).
 
Sorry, I'm not able to edit, so ignore my last post. Here's the same response which is more readable:

Do you happen to recall the name of the "Case Manager" at the Cochran firm? If so, please look that person up on http://www.martindale.com (Martindale-Hubbell or "M-H"), and find out whether that person is an "attorney". Only licensed, practicing attorneys can set fees - not any support staff (non-attorneys). "Case Managers" are usually non-attorneys.

I looked up the M-H profile for Cecil Jenkins, Jr. PA in Kannapolis, NC, and, unfortunately, found no rating or other info. (an AV rating is the best), however that doesn't mean this attorney/law firm isn't any good.

If you perform a search on M-H for an attorney in your area, within the proper area of practice, you'll receive info. about attorneys/law firms who might can help your friend. Just please chose one that has an "AV rating". If he retains counsel BEFORE his court date, the attorney can request a continuance (as 1 day is NOT enough time for any attorney to review and prepare for a case such as this).[/QUOTE]
 
Thank you so very much! As Jenkins has already agreed to take the case, I'm still considering him. But Justin hasn't paid him yet, so there's still some wiggle room.

Thanks to your advice I found a local attorney who specializes in drug related crimes and has an AV rating. I don't know if he'll be able to take the case yet or how much he will charge, but if he's reasonable and available Justin will hire him.

I knew absolutely nothing about all this. Your advice has been priceless.

Thank you again
 
I'm glad my info. was helpful. Please keep us posted, as I'd like to know the outcome of Justin's trial. And, please feel free to ask us anymore questions that might arise in the interim. :)
 
Malibu Barbie said:
I'm glad my info. was helpful. Please keep us posted, as I'd like to know the outcome of Justin's trial. And, please feel free to ask us anymore questions that might arise in the interim. :)

We ended up staying with Cecil Jenkins. I called a few of the lawyers in the area with the AV rating, but none were willing to take the case on such short notice. I have spoken with a paralegal at the, and what she's telling me sounds good. I'll know more when Justin can come to town (he lives and works an hour or so out of town) and meet with Mr. Jenkins.

Yesterday he got the court date moved to 4/12. I think everything's going to be okay.

Justin knows he screwed up and he's told me he is more than willing to pay fines, have supervised probation, community service, whatever, as long as he can stay out of jail (not that it's up to him but he's being super cooperative).

Now I just hope the judge is at least a moderately nice person. I'll let you know when something happens. I'd actually love to be able to run the lawyers decisions by you to get a second opinion. Thanks again for all your help.
 
Malibu Barbie said:
I'm glad my info. was helpful. Please keep us posted, as I'd like to know the outcome of Justin's trial. And, please feel free to ask us anymore questions that might arise in the interim. :)

I am so aorry about not replying to this posy until now. The case was continued and by the time that date rolled around and passed I had completely forgotten about coming back here.

It actually ended up being very somple, at least on my end (since finding the lawyer was pretty much all I needed to do to help). Justin met with Mr. Jenkins a week or so before the continued court date. With court fees and fine he had to pay $160 and he's on unsupervised probation. A lot less scary then the other law firm had told me it would be.

I'm sorry I don't have any of the details since it really didn't have anything to do with me other than that I'm a friend. If you have any questions about the specifics though, I can ask Justin.

Thank you again for your advice and help. He could have ended up wasting a lot of money with it.
 
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