North Carolina Drug Possession Lawyer

Drug possession charges are a serious matter in North Carolina and can carry significant penalties if convicted. For those facing such charges, it is essential to understand and consider the benefits of hiring a drug possession lawyer to help you with your criminal case. Not only can a lawyer help you fight the charges, but they can also provide advice and guidance on how to best reduce the potential consequences of a conviction. A drug possession lawyer can also help assess the strength of the prosecution’s case and can help negotiate a plea bargain if available. 

At King Law, we understand how serious drug possession charges can be. Our experienced criminal defense lawyers have successfully defended clients charged with drug possession in North Carolina. We will fight to protect your rights and seek the best possible outcome in your case.

Types of Possession Charges in North Carolina

Depending on the circumstances, you may find yourself facing different types of drug possession charges in North Carolina. The primary types of possession charges include:

  • Simple Possession: Simple Possession occurs when an individual is in possession of a controlled substance, such as marijuana, cocaine, and other drugs.
  • Possession of Drug Paraphernalia: Possession of Drug Paraphernalia is a separate charge from Possession of a Controlled Substance. This charge applies to any items used to facilitate the use of a controlled substance, such as pipes, syringes, rolling papers, bongs, and other items. 
  • Possession With Intent to Sell/Distribute/Deliver: Possession With Intent to Sell/Distribute/Deliver is a more serious offense and generally carries harsher penalties. It occurs when an individual is found in possession of a controlled substance with the intent to sell, distribute, or otherwise transfer the substance. 

Simple Possession and Possession of Drug Paraphernalia are misdemeanors, while Possession With Intent to Sell/Distribute/Deliver can lead to a felony conviction. While each case is different, you may find yourself facing significant consequences if convicted on such charges. 

Potential Penalties for Drug Possession in North Carolina

North Carolina breaks down the penalties for drug possession into categories based on the substance possessed. The punishment for Simple Possession is not as severe as for Possession with Intent to Sell/Distribute/Deliver. Using the Federal Drug Scheduling System, the state has established potential penalties for possession of Schedule I, II, III, IV, and V substances. 

For example, Intent to Sell Schedule I and II controlled substances is a Class G felony, carrying a maximum 47-month sentence. However, the delivery or manufacturing of the same Schedule I and II drugs are both Class H felonies, carrying a maximum sentence of 39 months in jail.

What to Expect During a Drug Possession Trial

If the case goes to trial, you and your attorney will be responsible for presenting a defense. Your drug possession lawyer will review the evidence, analyze the prosecution’s case, and present a compelling defense. You may also be called to testify in your own defense. The goal is to demonstrate that the prosecution has not met its burden of proof beyond a reasonable doubt.

It is important to remember that the prosecutor has the burden of presenting evidence to prove the charges beyond a reasonable doubt. This means that the prosecution must prove that the drugs found in your possession were in fact yours and that you had knowledge of their presence. 

How a Lawyer Can Defend You in a Drug Possession Case

While every case is unique, there are a few common strategies a drug possession lawyer may use to defend someone charged with drug possession. These strategies may include

Violation of Your 4th Amendment Rights

Your 4th Amendment rights protect you from unreasonable searches and seizures by law enforcement officers. If it can be proven that the police officer did not have a valid reason for searching you, any evidence found as a result of the search may be inadmissible in court.

Improper Testing at the Time of Seizure

Law enforcement often uses roadside test kits to test for drugs. However, these tests can be unreliable. If the test was not performed properly or the results are inconclusive, a drug possession lawyer can argue that the evidence should not be used in court.

Chain of Custody Issues

After seizing evidence, law enforcement officers are required to follow a specific protocol for handling the evidence. If the chain of custody is not properly maintained, a drug possession lawyer may argue that the evidence should be suppressed.

Deferrals and Plea Agreements

In some cases, a drug possession lawyer may be able to negotiate a plea bargain or a deferral agreement. This means that you may be able to avoid a trial and a potential conviction by pleading guilty to a reduced charge or by agreeing to a deferral agreement.

Don’t Take Chances With Drug Possession Charges — Contact King Law in North Carolina

The potential consequences of a drug possession conviction are serious and long-lasting. Having an experienced lawyer on your side is important to help you fight the charges and protect your rights. At King Law, we recognize that the criminal justice system can be overwhelming and intimidating. We believe that everyone deserves the best possible defense, regardless of the charges they are facing. 

Our experienced drug possession defense lawyers are committed to providing our clients with the highest level of legal service and support. We have the experience to help you build a strong defense and protect your rights. If you or someone you know is facing charges for drug possession, fill out our contact form or call us at (888) 748-5464 or (888) 748-KING today to schedule your consultation.