Legal Question in Criminal Law in North Carolina
I recently got a possession charge having spice/k2/synthetic marijuana. The final charge I got from the magistrates office was a charge for possessing marijuana, yet I did not possess marijuana. Is this their standard for a k2 spice charge, or is this a mistake that might make their case fall through? Thank you for your help.
1 Answer from Attorneys
Yes, this is a clear flaw in the charging instrument. However I strongly advise that you hire an experienced trial attorney. If you do not raise this defense at the correct time you may waive it, and if you raise it too early, the State may amend and simply get the charge corrected.
As a separate matter, the State will be required to prove the case with very technical scientific evidence as K2 is not visually identifiable. You need an experienced criminal defense attorney to properly raise objections to the scientific identification of the underlying chemical compound.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
