North Carolina Drug Trafficking Defense Lawyer

Drug trafficking charges are levied against individuals who illegally distribute, sell, or transport controlled substances. Depending on the type and amount of drugs involved, the charges can range from a minor misdemeanor to a felony offense. 

Merely possessing a specific amount of controlled substances can result in criminal charges, as well as being a party to any transaction or agreement to sell or transport drugs. However, the severity of the charges may depend on the type of drugs involved and the amount in possession. Generally, the more serious the drugs and the higher the quantity, the more severe the charges. 

Drug trafficking charges come in many forms, and North Carolina has a variety of laws that address the various types of drug trafficking offenses. The most common drugs that lead to trafficking charges in North Carolina are:

Cocaine

Cocaine, also known as coke, is a powerful stimulant that is typically sold as a white powder. It can produce several effects, including increased energy, alertness, talkativeness, and euphoria. Possession of 28 or more grams of cocaine is considered a felony in most states and carries potentially severe legal penalties.

Marijuana

Marijuana, sometimes referred to as pot or weed, is a widely used recreational drug that is often smoked or eaten to produce various effects, such as relaxation and increased appetite. Possession of 10 pounds or more of marijuana is considered a felony in most states and carries significant legal penalties.

Synthetic Cannabinoid

Synthetic cannabinoids are chemical compounds that mimic the effects of marijuana when ingested. They are often sold as herbal incense and can be smoked, ingested, or vaporized to produce various effects, including relaxation and altered perception. Possession of 3 grams or more of a synthetic cannabinoid is considered a felony in most states and carries potentially severe legal penalties.

Methamphetamine

Methamphetamine, also known as meth or crystal meth, is an addictive stimulant drug that can produce many effects, including increased energy, alertness, and euphoria. Possession of 28 grams or more of methamphetamine is considered a felony in most states and carries potentially severe legal penalties.

MDMA

MDMA, often called ecstasy or molly, is a synthetic stimulant drug typically sold in pill form. It can produce several effects, including increased energy, euphoria, and altered perception. Possession of 28 or more grams or over 100 dosage units of MDMA is considered a felony in most states and carries potentially severe legal penalties.

Opiates or Heroin

Opiates and heroin are powerful narcotic drugs that can cause increased energy, alertness, and euphoria. Possession of 4 or more grams of opiates or heroin is considered a felony in most states and carries potentially severe legal penalties.

Several defenses are available to individuals charged with drug trafficking. These include (but are not limited to):

Entrapment

Entrapment occurs when law enforcement agents induce a person to commit a crime they would not have otherwise committed. To establish entrapment, the defendant must prove that they were induced by law enforcement and did not have the predisposition to commit the crime. 

Entrapment by Estoppel

Entrapment by estoppel occurs when a defendant reasonably relies on a representation by a government official that the conduct they are engaging in is lawful. If the defendant can prove this, the charge may be dismissed.

Lack of Knowledge

The defendant can argue that they did not know that the substance was an illegal drug or that they did not know that they were trafficking drugs.

Insufficient Evidence

The prosecution must prove beyond a reasonable doubt that the defendant was trafficking drugs. If the evidence is insufficient to prove the charge, the defendant can argue that the charge should be dismissed.

Statute of Limitations

The statute of limitations is the period in which the government has to file charges. If the government does not file the charges within the specified time, the defendant may be able to have the charge dismissed.

Duress

Duress occurs when a person is forced to commit a crime due to threats of harm. To successfully use this defense, the defendant must prove that they were coerced into committing the crime and had no other reasonable choice.

Miranda Rights Violations

If the defendant can show that their Miranda rights were violated, they may be able to have the evidence against them suppressed. This can lead to the charge being dismissed.

Providing Substantial Assistance to Law Enforcement

While not a defense, individuals often assist law enforcement in identifying key targets in exchange for reduced sentences. To provide substantial assistance means the person has provided information or evidence that leads to the successful prosecution or conviction of another person. 

This type of cooperation is typically negotiated between an individual and the prosecutor and is often a critical factor in successful prosecutions. In some cases, individuals may even receive immunity from prosecution in exchange for cooperation.