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What is the North Carolina G.S. 90-96 program?

On Behalf of | Aug 30, 2021 | Drug Charges |

Drug charges can have an adverse impact on your teen or college-aged student’s future. If your student faces drug crime charges, you may wonder what you can do to prevent a conviction and, in the process, protect his or her continued enrollment at school, future job prospects and reputation.

If this is your child’s first offense, he or she may qualify for N.C. General Statute 90-96. North Carolina General Assembly explains the ins and outs of G.S. 90-96 and how it may benefit first-time offenders.

An overview of G.S. 90-96

General Statute 90-96 is a provision of North Carolina law that grants the courts the option to place individuals who face drug crime charges on probation as an alternative to a conviction. Only individuals who are first-time offenders and whose offenses qualify under the provisions of the statute are eligible for this program.

The term of probation may not be less than one year in duration. In most cases, the law requires the courts to also mandate that defendants enroll in and successfully complete a drug education program. The defendant must complete the course within 150 days of the date the judge imposes the punishment. The course must take place at a Department of Health and Human Services-approved drug education school.

There are two instances in which a judge may not require your child to go through a drug education course. The first is if extenuating circumstances exist that make it unlikely your teen will benefit from the program. The second is if your child does not live within a reasonable distance from an approved school.

Consequences of failing to complete probational requirements

If your teen or adult child successfully completes the probationary period of subsequent requirements, the courts may dismiss the drug charges without convicting him or her. If your child was under 22 at the time of the offense, he or she may also qualify for record expungement. However, if your child fails to complete the conditions of the punishment, the court may enter an adjudication of guilt and proceed as the law otherwise provides.

Drug charges can adversely affect your child’s future. Do not take a chance and consult with an experienced drug crimes attorney as soon as you learn of the charges.

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