Drug trafficking involves creating, manufacturing, selling, or delivering either a genuine or counterfeit controlled substance. It also covers possession of a controlled substance in certain quantities. In North Carolina, this serious crime can result in a felony conviction and harsh penalties, including imprisonment.
Hiring an experienced criminal defense lawyer is critical to defending yourself against these charges. A lawyer can leverage many defenses on your behalf, including violations of your Constitutional rights. Take a closer look at how to beat a drug trafficking charge in Raleigh with a lawyer’s help.
Understanding Raleigh Drug Trafficking Laws
Many states have a drug trafficking statute, but North Carolina is an exception. Instead, it has a single statute that covers several activities that would, in other states, include trafficking. Specifically, trafficking in North Carolina falls under the same statute as possession, with the statute defining different criminal penalties for trafficking and possession.
This statute prohibits the following acts:
- Manufacturing, selling, or delivering a controlled substance
- Possessing a controlled substance with the intent to manufacture, sell, or deliver
- Creating, selling, or delivering a counterfeit controlled substance
- Possessing a controlled substance with the intent to sell or deliver
The severity of this offense in North Carolina depends on the substance allegedly trafficked and the amount involved. In other words, trafficking marijuana, cocaine, heroin, LSD, methamphetamine, or opiates is illegal, but the punishment is different for each substance.
Moreover, the base offense can be upgraded to trafficking in certain substances for large quantities. These offenses include trafficking in the following illicit substances:
- Marijuana
- Synthetic cannabinoids
- Methaqualone
- Cocaine
- Methamphetamine
- Amphetamine
- Substituted cathinone
- Opium, opiates, opioids, or heroin
- Lysergic acid diethylamide
- MDA/MDMA
These offenses are triggered at threshold weights or dosage units that depend on the controlled substance.
Keep in mind that there are no legal limits for controlled substances. Possession of any amount of a controlled substance, including marijuana, is a crime in North Carolina. However, possession of less than half an ounce of marijuana is generally a low-level misdemeanor that is only punishable by a minimum fine rather than any jail time.
Penalties for Drug Trafficking in North Carolina
The penalties for drug trafficking in North Carolina range from a Class I felony offense to a Class C felony. It’s important to note that the statute does provide for misdemeanor treatment for simple possession of certain drugs.
These provisions provide a potential avenue for reducing your charges and avoiding a felony drug trafficking conviction if your attorney can raise questions about the number of drugs possessed or your intent in possessing them, in addition to more general negotiations with the District Attorney based on mitigating factors, including a lack of a prior criminal record or affirmative mitigation such as treatment.
The stakes in criminal cases involving drug trafficking charges are significant. Even a low-level drug trafficking felony offense in North Carolina is punishable by a minimum prison sentence of four months. Higher-level felony drug trafficking charges could result in a sentence of more than a decade in prison.
Protecting Your Rights
You have legal and constitutional rights regardless of the charges against you. Your lawyer’s job is to fight for a fair process in which law enforcement officers, prosecutors, and judges respect your rights. These rights give your lawyer options for tailoring a defense strategy to your situation. Typically, your rights include the following:
Burden of Proof
The prosecution bears the burden of proof. This right is often phrased as “innocent until proven guilty.” It means prosecutors must prove every element of the crime beyond a reasonable doubt to secure a drug trafficking conviction.
Right to Be Secure in Your Belongings
The U.S. Constitution protects your right to be free from unreasonable searches and seizures. This means the police must have a search warrant or prove probable cause plus exigent circumstances to conduct a search. If they fail to do so, your rights may have been violated.
Building a Strong Defense Strategy
When it comes to how to beat a drug trafficking charge in Raleigh, your rights provide the key to building the right defense strategy. Defenses usually take three forms. First, since the prosecution has the burden of proof, your lawyer can poke holes in the prosecution’s case. Creating reasonable doubt about any element of the prosecution’s case could lead to a dismissal or acquittal.
You can also present affirmative defenses. For example, you may be able to argue that you were coerced into delivering drugs by someone who threatened your life. Other defenses may include a lack of knowledge if you are alleged to have been in possession or to have transported a package without knowledge of its contents.
Your attorney may also argue for the suppression of the prosecution’s evidence of drug trafficking in NC. This may occur when the police violate your rights during the arrest, search, or investigation, or the prosecution fails to turn over all the evidence, including exculpatory evidence, to your attorney.
Some more specific defenses your attorney can raise include the following:
Illegal Search
Overzealous police officers may search you, your vehicle, or your home without first obtaining your consent or a search warrant. These searches might violate your constitutional rights under the Fourth Amendment. The remedy for this violation is the suppression of any evidence uncovered, meaning prosecutors cannot use the evidence at your trial and may need to dismiss your drug charges.
No Intent
North Carolina trafficking charges require proof that you intended to manufacture, sell, or deliver a controlled substance. In most cases, defendants do not admit their intent. Instead, prosecutors must use circumstantial evidence, such as:
- A large quantity of drugs
- Drugs packaged in doses
- Other items found in the defendant’s possession, like a scale or cash
Your attorney can point out that, absent anything to prove your intent, the drugs in your possession might have been for personal use rather than sale or delivery.
Lack of Knowledge
You can defend yourself against trafficking charges if you were unaware of what you were carrying. If someone gave you a package without telling you what was inside or hid something in your car, you likely lack the knowledge necessary to violate the law.
Incorrect Identification of the Amount or Type of Drug
Incorrect test results can happen when the police lab is sloppy or the officers mix up samples. For instance, suppose that the police test your protein powder and say that it is cocaine. Your attorney can have independent tests run to prove that you did not possess illegal drugs.
The Importance of a Skilled Defense Attorney
A skilled and experienced criminal defense lawyer knows how to beat a drug trafficking charge in Raleigh with the right defenses. They can draw on prior cases to know which arguments are likely to persuade jurors and prosecutors. They also have connections with expert witnesses who can provide scientific testimony on your behalf.
Reach Out to Us Today
A drug trafficking charge is often treated as a felony in North Carolina, resulting in a harsh sentence that can put you in prison. If you need help defending against drug trafficking charges in the state or federal courts, contact the seasoned legal team at Hiltzheimer Law Office to schedule a consultation today.
