Drug Crimes, Substance Abuse Arrested for possession of marijuana

[imconfused]

My best friend who was living in North Carolina up until Oct. 2013 was just arrested while visiting friends this week. My friend has a very sick wife for the past 8 years and he found that marijuana was the best cure for her pain after spending years with Doctor visits and treatments that did nothing. Back in Sept 2013 as he was away from home, his wife was waving a gun saying she was going to end it. Her mother called for police. Police arrived to see she was not mentally right and also was using marijuana. My friend arrived home seeing police and was confronted with the fact they new of the pot in the house so he turned over all she had to them at that time.

One month later in 2013, they moved to Florida and have lived there since.

This past week while paying his friend a visit in Robbinsville, N.C., the police show up with three arrest warrants pertaining to what happened in 2013 at his residence.
1. They did not read him his rights!
2. The arrest warrants are not signed! (typed name only)
3. Warrants were dated Oct 2013 ( over a year ago)
3. Hand cuffed and taken to jail

He bonded out the next day ($10,000 bond) Court date set for Dec 8th, 2014 in Robbinsville, N.C.

Questions:

1. Was the warrant for his arrest legal with no signature and out dated?
2. Should he have been told his rights upon arrest?
3. Is there error in the warrant being over a year later from when the police visited?
4. First offence, what time or fine might he expect if he doesn't get this thing thrown out due to improper procedures?
5. What is the probability of this whole case being thrown out?

Thank You in Advance

Friend

 

[Betty3]

Your friend needs a lawyer to talk to - if your friend cannot afford a lawyer, he should ask the court if they will appoint a public defender.

 

[army judge]

Was the warrant for his arrest legal with no signature and out dated?

That will be determined before (or at trial). My guess, probably not.

2. Should he have been told his rights upon arrest?

Nope, his rights would have been read to him, had the police wanted to question him.

3. Is there error in the warrant being over a year later from when the police visited?

Some warrants never expire.
Those warrants that do expire usually are extended legally before they expire.
Again, this will all be discussed with him by his lawyer as he or she does trial preparation.

4. First offence, what time or fine might he expect if he doesn't get this thing thrown out due to improper procedures?

He is innocent until proven guilty.
Don't worry about being convicted until that happens.
That said, he should discuss all of this with his lawyer in the near future.

5. What is the probability of this whole case being thrown out?

No one can say, because he is innocent until proven or he pleads guilty.
Crawl before you walk, walk before you run, one step at a time.

It is best to stop talking about this in public.
Let him confer with his lawyer, and then he waits.

NC probably won't go after him if he left the state and returned to Florida for a little, nothing marijuana beef.

If its a misdemeanor, they won't go after him.
He'll have to stay out of NC, but so what?