Frequently Asked Questions About Drug Crimes
Since 2007, our experienced Bolivia attorneys at Sullivan Law have been protecting the rights of people in North Carolina who are accused of drug crimes. Without careful legal guidance, even simple mistakes can lead to lifelong consequences.
The answers to some of our clients’ most pressing questions are below:
What are the different categories of drug charges?
A drug crime is a serious offense that can carry significant penalties and life-altering repercussions. Charges may be categorized as:
- Simple possession: A misdemeanor charge for knowingly having an illegal substance on your person for personal use
- Possession with intent: A felony charge for possessing an illegal substance with the intent to distribute, manufacture or sell
- Drug trafficking: A felony charge for selling or transporting a controlled substance across state lines
Understanding the nature of your charges is the first step toward crafting a solid defense strategy.
What should I do if I am arrested for drug possession?
If you are arrested for drug possession, you should remember two important legal rights. First, you have the right to remain silent when the police ask you questions. Anything you say to the police could be used as self-incriminating evidence against you in court – and it can make defending you much more difficult. Invoke your right to remain silent immediately.
Second, you have the right to legal counsel. Ask to speak to your criminal defense attorney. Early intervention by a knowledgeable drug defense attorney can make a significant difference in the outcome of your case.
How is drug possession defined under North Carolina state law?
North Carolina state law defines drug possession as the knowing possession of controlled substances, including prescriptions, without legal justification. The law allows for charges for both actual possession, such as when the drugs are found on a suspect’s person, and “constructive” possession, where the drugs are found in their vehicle or home but are under their control.
What are the potential penalties for drug possession in North Carolina?
Drug possession penalties can vary in North Carolina depending on whether the conviction is for a misdemeanor or a felony. It is possible to face jail time, incarceration, fines, probation, community service and mandatory drug treatment programs for a drug possession conviction.
Can the severity of a drug charge be influenced by the type or amount of the drug?
Yes. The type of illegal substance and the quantity of the drug in question can greatly impact any criminal charges. Substances are classified into five categories called “schedules” under the Controlled Substances Act. Of the five different schedules, Schedule I and II substances can lead to the harshest criminal charges. Being caught in possession of a large quantity of illegal substances can also lead to trafficking charges, which are far more serious than simple possession.
What are my rights if I am accused of a drug crime?
Under the Fourth Amendment, you have the right against unreasonable searches and seizures. This means that the police must have a warrant, probable cause or have made a lawful arrest to seize evidence for criminal charges.
Under the Fifth Amendment, you have the right to remain silent, which can protect you from making self-incriminating comments that can increase criminal charges.
Under the Sixth Amendment, you have the right to legal counsel. Speak to an attorney and begin building a defense immediately to best protect your future.
How can a drug charge affect my future employment and education opportunities?
Colleges, landlords and employers may look at your former criminal history during a background check. A drug conviction (or even charges) can impact your ability to seek higher education, tenancy and employment. It can also lock you out of licensure for certain professions.
What defense strategies are most effective in drug charge cases?
Several defense strategies may protect you from serious consequences in a drug case. Depending upon the facts of your case, you may allege:
- Wrongful search: The police may have conducted an unreasonable search and violated a person’s Fourth Amendment rights. Evidence could be dismissed from a criminal case.
- Lab testing error: The accuracy of lab test results may be questioned, including the handling of evidence and the qualifications of the person performing the tests.
- Lack of knowledge: It may be argued that the defendant was not aware of the drugs on their person or stored near them. Knowledge of an illegal substance is a crucial element for constructive possession charges.
- Entrapment: The defendant may argue that they were pushed or coerced into buying illegal substances by law enforcement, which they would otherwise not have done.
A strong defense can potentially reduce or dismiss your criminal charges. Our attorneys can help you explore your options.
What is the difference between possession and intent to distribute?
Drug possession refers to situations where the authorities believe that drugs were for your own personal use. Drug possession with the intent to distribute, in comparison, means that the authorities believe you intended to deliver or sell the drugs to another person. Possession with the intent to distribute can lead to much harsher consequences than a simple possession charge.
How does the law address drug paraphernalia?
Drug paraphernalia refers to equipment used to manufacture or use illegal substances, including growing equipment, baggies, pipes, spoons or syringes. North Carolina laws prohibit possession or use of drug paraphernalia with illegal controlled substances. The possession of drug paraphernalia can lead to a misdemeanor charge, incarceration and fines – even when no drugs are found.
What factors do courts consider when issuing sentences for drug convictions?
During a criminal trial for illegal drug possession, a court may consider four factors when issuing sentences. These factors include:
- Type of substance: Certain controlled substances lead to harsher charges, including Schedule I substances such as heroin and peyote.
- Quantity of a substance: Large quantities of illegal substances may be tied to manufacturing or drug trafficking.
- Intended use: Selling or manufacturing a substance may lead to harsher charges than for personal use, especially if a defendant is suspected of selling to a minor.
- Criminal history: A court may sentence a defendant to harsher punishment if they have prior criminal convictions.
A defendant can make a case against criminal charges, potentially reducing or dismissing a sentence.
What are the consequences of trafficking illegal substances?
Drug trafficking is among the most serious drug offenses under North Carolina law and carries mandatory minimum penalties. A trafficking charge is typically based on the weight of the controlled substance rather than proof of sale. Convictions can result in lengthy prison sentences, substantial fines and long-term consequences that extend well beyond incarceration. Sentencing ranges increase sharply as the quantity rises, and judges have limited discretion to reduce penalties. Trafficking convictions can also lead to asset forfeiture, meaning cash, vehicles or property allegedly connected to the offense may be seized by the state.
How do federal and state drug laws differ?
North Carolina drug charges are generally handled in state court and often involve possession or lower-level distribution that occurs entirely within the state. These cases may allow for probation, treatment programs or other alternatives depending on the charge and the defendant’s history. State sentencing rules typically provide judges with more flexibility, especially for first-time or nonviolent offenses.
Federal drug cases are broader and more severe. They usually involve large quantities, interstate trafficking or organized distribution networks, and are prosecuted under federal statutes with stricter sentencing guidelines. Mandatory minimum sentences are more common, diversion options are limited and incarceration exposure is often much higher. In some situations, the same conduct can be charged in either system, and prosecutors may pursue the forum that carries the greatest penalties.
Are there enhanced penalties for drug charges near schools or parks in North Carolina?
Yes. North Carolina law allows enhanced penalties when drug offenses occur within designated protected zones, such as near schools, playgrounds or public parks. These enhancements are most commonly applied to drug sales or possession with intent to distribute. Prosecutors may seek increased punishment if the alleged activity occurred within a specific distance of these locations, even if children were not present at the time. Location-based enhancements can significantly increase sentencing exposure and should be carefully examined.
How does a prior criminal record impact drug charges and sentencing?
A prior criminal record can substantially affect both the level of charges and potential penalties. North Carolina uses a structured sentencing system that assigns defendants to prior record levels. Higher record levels often result in longer sentences, reduced eligibility for probation and fewer alternatives to incarceration. Prior drug convictions may also influence prosecutorial decisions, limit plea options and increase the likelihood of felony charges instead of misdemeanors.
Facing Drug Crime Charges? Talk To An Experienced Attorney Today.
If you did not find your answers above or want to learn more, do not hesitate to reach out to Sullivan Law and speak to our skilled lawyers. Call 910-508-2200 or send us an email and schedule your free consultation today. Early intervention in a drug case can be the key to dismissed charges, reduced charges, a more favorable plea agreement or even success at trial.