Union County Drug Possession Lawyer
Drug possession charges are incredibly serious in North Carolina. If you are facing a charge of possession of a controlled substance in North Carolina, your future is at risk. Drug possession charges can result in harsh penalties for defendants convicted of the charges. Even if you are only in possession of a small amount of a controlled substance, if convicted, you may be subject to prison time, fines, and a felony drug conviction on your criminal record. If you are arrested after possessing controlled substances, you will need a skilled and aggressive Charlotte drug charge defense lawyer. Contact Arnold & Smith, PLLC today to schedule your free, initial consultation.What Constitutes Drug Possession Charges in Union County?
North Carolina's Controlled Substances Act make the possession of certain controlled substances a crime. Certain, but not all, prescription medications are closely monitored by North Carolina law enforcement because they come with a high risk of abuse and re-sale. North Carolina's Controlled Substances Act states that it is illegal for any person to possess a controlled substance. Prosecutors can prove that a defendant possessed the drugs by actual possession and constructive possession. In other words, you do not necessarily need to have the drugs on your person to face drug possession charges.The Penalties for Drug Possession in Union County
The penalties for drug possession in North Carolina depend on the type of controlled substance found to be in your possession. If you were caught with a Schedule I or Schedule II controlled substance, you will be sentenced for a Class H felony. There is a key exception to this general rule. Specifically, the defendant will receive punishment for a Class G felony when they are convicted of selling a Schedule I or II controlled substance, in addition to the possession charge.
Defendants convicted of manufacturing methamphetamine will be charged with a Class C felony unless the specific offense is relabeling a methamphetamine container or packaging or repackaging methamphetamine. These crimes are punished as a Class H felony. Additionally, possession of Schedule III, IV, V, or VI controlled substances will be punished as a Class I felony, except for the sale of a Schedule III, IV, V, or VI controlled substance will be punished as a Class H felony. A specific exception to this is that transferring less than five grams of marijuana while not receiving payment will not constitute delivery for the purposes of the drug possession law.
Those defendants convicted of drug possession with an intent to sell or deliver will be punished as a Class I felony. North Carolina's drug possession law also applies to counterfeit controlled substances.Defenses to Charlotte Drug Possession Charges
After reviewing the facts of our clients' cases, our lawyers work hard to develop an effective legal defense strategy. In many cases, the best defenses include contending that you did not know that drugs were located on your property. Prosecutors have a legal obligation to prove every single element of the crime beyond a reasonable doubt. One of the best strategies is to cast doubt on these specific elements. The following arguments are often effective in bringing a strong defense:
- You can argue that you did not know that any controlled substances were located on your property. For example, if someone else left the drugs in question in your care or in your home without your knowledge, prosecutors will have trouble convicting you of drug possession crime.
- You can argue that you did not have drugs in your possession at the time the crime allegedly happened.
- You can argue that you had an acceptable reason for possessing the controlled substances in question. For example, perhaps your doctor provided you with a large prescription for your medical care. Or, maybe the chemicals in question have a legitimate and legal use and you did not intend to manufacture a controlled substance.
- Another effective defense strategy is to argue that law enforcement violated your Constitutional rights in the process of retrieving evidence against you. For example, law enforcement cannot search your house without probable cause or a warrant from a judge.
At Arnold & Smith, PLLC, our goal is to fight hard for the best possible outcome in your drug possession case. Even if a court only finds you guilty for a first-offense misdemeanor drug possession charge, you still face the possibility of jail time and revocation of your professional license. Contact our skilled drug possession lawyers as soon as possible to schedule your initial consultation. Time is of the essence when it comes to fighting drug possession charges.