Even though North Carolina has taken steps to reduce some drug penalties, there is still a wide range of drug charges under state law that can lead to significant penalties.
Drug charges can have significant consequences, and you should not attempt to deal with them alone. You need a Winston-Salem drug charges lawyer to help you decide on your next steps because making decisions in the spur of the moment could lead to a costly mistake.
North Carolina Drug Laws
North Carolina law makes it illegal for people to do the following:
- To manufacture, sell, or deliver—or possess with intent to manufacture, sell, or deliver—a controlled substance
- To create, sell, or deliver—or possess with intent to sell or deliver—a counterfeit controlled substance
- To possess a controlled substance
Like other states, North Carolina classifies its controlled substances through the use of schedules. The most serious penalties are associated with Schedule I substances (these include drugs such as heroin and LSD). Schedule VI substances carry the least penalties (including substances such as marijuana and THC). However, you should not think that there is such a thing as a minor drug conviction.
Aggravating Factors in Drug Sentences and Charges
Here are some of the aggravating factors that could cause prosecutors to seek a tougher sentence:
- The amount of the substance the prosecutor claims you had
- Whether you had an intent to deal or were accused of actually selling drugs
- Whether you have a prior criminal record
- Whether there were other alleged crimes involved
Drug convictions can not only carry jail time but can also include the following consequences:
- The loss of government benefits, such as student loans or food stamps
- A negative impact on your ability to get a job in the future with a drug conviction on your record
- The loss of custody of your child or visitation rights
- Your immigration status can be affected
- Being ordered into a drug rehab program
If you are tempted to plead guilty to make the matter go away, you should think it through more carefully. There are times when it may make sense to plead guilty (especially when the prosecutor is offering a very favorable plea bargain), but it will not come without a cost. An experienced drug crimes lawyer can review your situation and advise you of your legal options and what course of action may work best for you.
Necessary Elements That the Prosecutor Must Prove
Drug convictions always require that you have intent. There is no such thing as accidentally violating a drug law. The prosecutor must prove every element of the crime, including:
- The substance that you allegedly possessed was actually an illegal drug.
- You knew that you had an illegal drug in your possession.
- You had enough of the substance to constitute a crime.
- If you are charged with distribution or intent to distribute, that you actually had that intent to do so.
Defenses to a Drug Charge
Drug trials often come down to the quality of the evidence and whether it was legally seized. In turn, you can defend your case by arguing the following:
- The evidence being used against you was seized in violation of your legal rights.
- You did not know that you had an illegal substance in your possession.
- Police did not have a valid basis to stop you and search you.
- There was a defect in the chain of custody of the evidence that was seized.
- The substance that you had was not actually an illegal drug.
- Law enforcement entrapped you into committing a crime.
Drug crimes do not always have to result in a large sentence. If you choose not to fight the charges, the prosecutor may be willing to make a plea bargain to win a quick conviction. Depending on the charge, you may even enter a drug treatment program as a pre-trial program. If you plead guilty, you should only do so in exchange for something from the prosecutor.
If you have been charged with a drug crime, you need a lawyer immediately. Law enforcement may continue to build their case, and you must have someone to protect your legal rights. Your lawyer can keep law enforcement from questioning you against your will and from executing unreasonable searches. Without a lawyer, you may make a mistake that could make your legal situation worse.
