CHARLOTTE, N.C. — Diana Cojocari, the mother of missing Cornelius girl Madalina Cojocari, has been charged with drug possession while in jail, according to the Mecklenburg County Sheriff's Office.
Cojocari and her husband Christopher Palmiter were first arrested in December for failing to report Madalina's disappearance.
Mecklenburg County Court records show Cojocari was charged with drug possession on jail premises.
According to the arrest warrant, on March 17 “a small clear plastic bag containing a white powder was found in her shirt pocket." The substance inside the bag was tested, and it came back positive for a “cocaine and fentanyl-based substance."
During her first appearance on this charge Friday morning, Cojocari told the judge via video the drugs weren't hers and she just happened to find the baggie when she was in the shower.
"When you're talking about possession, and you're talking about North Carolina law, it doesn't really matter where you found it, it matters where they find it on you, so, the fact that it was in her pocket, that's a problem," senior attorney Timothy Cannady, who is not involved in this case, said.
Generally, possession of some drugs is a misdemeanor, however, Attorney James Exum, who is also not involved in this case, said that can change when possession happens while in custody.
“If it is on jail premises, it’s going to initially at least be charged as a felony," Exum said. "Prosecutors can decide something different later, but it's going to start that way because of where it was found."
However, Cannady said this type of possession charge is a lower-level felony.
"North Carolina has structured sentencing," Cannady said. "So the most that she could face for this charge, regardless of what her prior record level, is 39 months."
Diana Cojocari claimed she actually last saw Madalina at home on Nov. 23, 2022, around 10 p.m. when she went to bed.
Diana reportedly told Bailey Middle School officials Madalina had been missing since Nov. 22 at noon after she arrived at the school without Madalina.
Madalina was last seen at school by a teacher on Nov. 21. Video later released by the FBI on Dec. 20 confirms her leaving the school bus at 4:59 p.m. this day.
Cannady said this new drug charge could impact her case.
“The fact that it's all being handled in the same county, that will surely have an effect,” Cannady said. “It's going to be really hard to argue that she has never been in trouble or a lot of those kinds of affirmative defenses.”
Contact Jesse Pierre at jpierrepet@wcnc.com or follow her on Facebook, Twitter and Instagram.
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