What to do if I’m charged with a marijuana felony possession with intent to sell?

I am pleading not guilty and am curious, on my first court day after not taking a plea deal, if the superior court will drug test me to try and use it as evidence against me if I’ve been smoking marijuana. Is this a common thing done or shouldn’t be worried about that? I would think catching someone with pot in their system would be a reason to suspect them even more of the crime.

Asked on December 1, 2015 under Criminal Law, North Carolina

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The court can impose random drug testing as a condition of your bond.  If you violate a condition of your bond, it can be used against you as punishment evidence later.  It would not necessarily be relevant or admissible to the issue of guilt/innocence. 
If you're on bond, avoid using any substances.  You run the risk of another charge if caught and, thus, stiffer penalties.  Presume that anyone giving or selling you anything illegal is a CI looking to work up more charges against you.


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