Fish or Cut Bait

Brian caught the court with their pants down last week with his Pro Se defense; so this week, at his second appearance, the court accepted his dire motion to preserve evidence and then granted the DA’s request for a continuance – until the end of November!  Brian is already waiting for another hearing which is currently scheduled for October.

By the time I talked to Brian that afternoon, he was preparing for another two months inside the Ashe County Detention Center.  He’s already been there for three months.

Case Number:  2018050638 CR  (Offense Codes on the left, Statutes on the right):

• 3522      Felony FELONY POSSESSION SCH I CS               90-95(A)(3)

  (a) Except as authorized by this Article, it is unlawful for any person:
  (3) To possess a controlled substance.

Case Number:   2018050658 CR

• 3346       Felony PWIM PRECURSOR-NOT METH             90-95(D1)(1)A

  (d1)(1) Except as authorized by this Article, it is unlawful for any person to:
  a. Possess an immediate precursor chemical with intent to manufacture a controlled substance;

  9968       Felony MAINTN VEH/DWELL/PLACE CS (F)      90-108(A)(7)

  (a) It shall be unlawful for any person:
  (7) To knowingly keep or maintain any store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft, or any place whatever, which is resorted to by persons using controlled substances in violation of this Article for the purpose of using such substances, or which is used for the keeping or selling of the same in violation of this Article;

Case Number:  2018050892 CR

• 3501      Felony MANUFACTURE SCH I CS                      90-95(A)(1)

  (a) Except as authorized by this Article, it is unlawful for any person:
  (1) To manufacture, sell or deliver, or possess with intent to manufacture, sell or deliver, a controlled substance;

• 3522      Felony FELONY POSSESSION SCH I CS           90-95(A)(3)

  (a) Except as authorized by this Article, it is unlawful for any person:
  (3) To possess a controlled substance.

Case Number:  2018050893 CR

• 3515       Felony PWIMSD SCH I CS                                  90-95(A)(1)

  (a) Except as authorized by this Article, it is unlawful for any person:
  (1) To manufacture, sell or deliver, or possess with intent to manufacture, sell or deliver, a controlled substance;

Here’s the short-list of the charges, color-coded for clerical error/maliciousness: