Asheville Drug Crime Lawyer

Top Rated Drug Crime Attorney in Asheville, NC

Have you been charged with a drug-related crime? If so, every second matters as a drug conviction can lead to life-changing ramifications. Drug crimes are taken very seriously in North Carolina, and if you are convicted, you could face prison time and steep fines without the help of a skilled Asheville Drug Defense Attorney.

You shouldn’t face drug charges alone. If you’ve been arrested or suspect you’re being investigated over any drug violation, you need to consult with a criminal defense lawyer in Asheville, NC right away to protect your rights and freedom.

At Edwards Law, PLLC, our Asheville drug defense attorneys are well-versed in North Carolina drug laws pertaining to controlled substances in North Carolina and can vigorously advocate for your freedom. We can evaluate the charges brought against you and give you an honest opinion on the possible case outcome. Our skilled legal team can develop a unique and aggressive defense strategy that takes every angle of the case into account.

If you, or somebody close to you, have been apprehended and are being charged with drug trafficking, distribution, or possession in Asheville, NC, please call us at (828) 702-8743 today to book an appointment to find out how we can assist. We offer a free, no-obligation initial consultation where we discuss all your viable
options.

Types of Drug Crimes in Asheville, NC

Most criminal cases in Asheville originate in the Buncombe County Courthouse, 60 Court Plaza, Asheville, NC 28801. Your first step in knowing how to prepare for your case is understanding the courts.

Although any drug crime can put your future at risk, there are different kinds of drug offenses an individual can be charged with in North Carolina. Our Asheville drug defense attorneys at Edwards Law, PLLC, have expansive experience dealing with the following types of drug charges.

• Possession
• Possession with Intent to Distribute
• Drug Trafficking
• Prescription Fraud
• Cultivation / Manufacturing
• Transportation
• Sales

Non-compliance with these laws can result in considerable jail time and fines, which can rise, depending on the quantity you’ve been caught with and other extenuating factors. Remember the Constitution awards you the right to be presumed innocent of any drug offense until the state proves its charges.

Even when the drug offense is a misdemeanor, you may be doing yourself a tremendous injustice by pleading guilty without speaking to a lawyer.

If the case against you is weak or evidence was improperly obtained, we will fight for a dismissal or a not guilty verdict. If the state has a strong case against you, we can work closely with the prosecutor and District Attorney’s office to secure a plea bargain that may reduce the penalties.

For many people, being charged with a drug offense is a daunting and scary situation. You need and deserve responsive and effective legal aid from a skilled criminal defense lawyer. Our legal team at Edwards Law, PLLC can comprehensively clarify the charges brought against you and the likely ramifications in the initial consultation.

Get a Free Case Evaluation with a Drug Defense Lawyer!

Types of Drug Cases We Handle

Drug charges can range from mild to serious under North Carolina drug crime statutes. Besides the crimes listed above, we commonly handle:

• Possession of heroin, fentanyl, cocaine, methamphetamine, or prescription opioids
• Possession with intent to sell or deliver (PWISD)
• Trafficking (usually determined by weight amounts)
• Keeping and maintaining a place or vehicle for controlled substances
• Conspiracy and aiding/abetting offenses

Between 2019 and 2022, drug offenses accounted for more than one out of every seven recorded criminal offenses in North Carolina. During the four-year period, at least one drug infraction was involved in 14% of all NIBRS events. Streets, highways, alleys, or sidewalks accounted for 52% of all recorded drug violation instances.

What Happens After a Drug Arrest in Buncombe County?

The potential exposure for each of these crimes can vary greatly. Trafficking crimes usually involve mandatory minimum sentences, while simple possession might be eligible for diversion under certain circumstances. An Asheville drug crime attorney knows how to look at not only the charge itself but also how it was investigated and whether any defenses are available. There are many possible outcomes after a drug arrest, but most follow a similar path.

Arrest or Citation

Sometimes, defendants are placed under arrest during a search or traffic stop. Other times, they may receive a citation on the scene and/or be served with criminal process later. If you are placed under arrest, you are likely to be taken to the Buncombe County Detention Facility, fingerprinted, and held until you post bond.

Magistrate and Conditions of Release

After being arrested, your case is reviewed by a magistrate. Conditions of release are generally set and may include:

• Secured or unsecured bond
• Written promise to appear in court
• Pretrial supervision
• Travel restrictions and/or no-contact orders

Bonds are based on the level of offense, prior criminal history, and other factors. Conditions are not meant to punish you, but they can have drastic impacts on your day-to-day life.

First Court Date

First court appearances are typically held at the Buncombe County Courthouse in District Court. Misdemeanor drug offenses usually stay in District Court. Felony offenses can start in District Court for probable cause hearings and then be transferred to Superior Court for Grand Jury proceedings if indicted. Attorneys often ask for continuances at initial court dates to investigate the case and see what the prosecutor is offering.

Discovery and Investigation

All lawyers involved in the case are required to exchange discovery with each other. Discovery includes police reports, lab results, interview transcripts, body cam footage, etc. This is when many important issues are uncovered, like search and seizure issues, issues with confidential informants, and lab procedures.

Motions Practice

When you hire a drug crime lawyer, your attorney may file motions with the court, most commonly motions to suppress evidence. If police violated your rights under the Fourth Amendment, the evidence they gathered may be suppressed. Motions to suppress provide a great opportunity to limit the State’s case against you.

Resolution

Drug cases in Buncombe County are commonly resolved in one of several ways, depending on the evidence and circumstances:

• Dismissal
• Reduction of charges
• Conditional discharge, such as the 90-96 program, for eligible possession defendants
• Negotiated plea deal
• Bench trial (Judge only) or Jury trial

Every case has different opportunities for resolution. Past criminal record and the specific facts of your case matter. Although we cannot guarantee any particular result, we can investigate your case early and focus on keeping your options open.

Drugs & DUI in Asheville, NC

North Carolina is among the many states that have put a strict emphasis on assertively implementing drug DWI laws by levying stringent penalties for drivers found guilty of this crime. Even 1st-time offenders in North Carolina face significant penalties if convicted.

Getting behind the wheel while under the influence of an intoxicating (impairing) substance is illegal. Drug impairment is dissimilar to alcohol impairment because it can’t be easily detected using a breathalyzer or roadside examinations.

Thus, establishing impairment is possible using chemical testing, and exams conducted by a Drug Recognition Expert (DRE). If the results show that these controlled substances impaired the ability of the motorist to drive, a person may be sentenced for DWI. Common substances that are often at the center of drug DWI cases include marijuana, cocaine, methamphetamine, heroin, and LSD.

State statutes expansively define impairing substances, such that several medications and prescription drugs have their own definition. Nevertheless, particular prescription drugs can be classified as impairing substances and are entirely contingent on the effect on an individual.

In order to prove that someone is driving under the influence of an impairing substance other than alcohol, the State must prove that the driver was “appreciably impaired.” North Carolina case law has defined “appreciable” as, noticeable, recognizable, or capable of being perceived.

Law enforcement officers and prosecutors will attempt to prove that a driver is appreciably impaired by putting on evidence that the driver was noticeably impaired, to the degree that they could not safely operate a vehicle.

Drug DWI Penalties in Asheville, NC

There are several penalties that you could receive for a drug-related DWI in North Carolina. Depending on the circumstances of the arrest, a drug DWI can be categorized as either a felony or a misdemeanor. Misdemeanors are classified by levels that the presiding judge can establish depending on variables such as previous offenses, chemical test results, driving record, and other pertinent information affiliated with your DWI. Common penalties for a drug DWI include:

• Fines, sometimes thousands of dollars
• Jail time
• Prison sentence

Felony DWIs have much harsher penalties. Individuals who pick up this status are habitual offenders and motorists who’ve accrued 3 previous alcohol or drug DWI convictions within the past 10 years.

As you can see, drug DWI charges in North Carolina are taken very seriously. That’s why you should act fast and hire a qualified Asheville drug defense attorney proficient in the North Carolina DWI laws and regulations.

Call us now at (828) 622-5147 for a free consultation.

Penalties for Drug Crimes in North Carolina

Federal and State regulations govern the manufacture, supply, and possession of controlled drugs. They include both prescription drugs and illegal substances (like marijuana, methamphetamine, cocaine, and heroin). In North Carolina, these controlled substances are typically classified into six schedules.

Here are the punishments and charges for the possession or sale of controlled substances in North Carolina:

Drug Trafficking in North Carolina

Drug trafficking in North Carolina is the most serious drug offense under North Carolina law. North Carolina drug trafficking laws prohibit the sale, manufacture, transport, delivery, or possession of certain amounts of controlled substances. These substances include cocaine, heroin, fentanyl, methamphetamine, and marijuana.

In order to prove drug trafficking by sale, delivery and/or transport the State must be able to prove the following:

• That the defendant knowingly sold or delivered the substance at issue, including marijuana, cocaine, amphetamine or any mixture containing amphetamine, methamphetamine, or any mixture containing methamphetamine, opium, heroin, or others.
• That the defendant knowingly transported one or more of the substances listed above.
• That the amount of the specific controlled substance which the defendant sold, delivered, or transported was at or above the statutorily prohibited amount.

Federal Drug Crimes vs. State Drug Charges in Asheville

Most drug arrests and investigations begin in Buncombe County and are handled in North Carolina state court. However, some offenses become federal cases based on the severity of the allegations, quantities of drugs, or interstate activity. It’s important to understand the difference between state vs federal drug charges, as the process, sentencing structure, and penalties are different and often harsher under federal law.

Federal Drug Crimes in Western North Carolina

As opposed to beginning in Buncombe County Criminal Court, federal drug cases usually stem from lengthy investigations by the DEA, FBI, Homeland Security Investigations (“HSI”), or other task forces working with federal agencies. Federal drug cases generally include large-quantity trafficking allegations, organized distribution networks, and/or activity that spans multiple states or jurisdictions.

Federal Sentencing Guidelines vs North Carolina Drug Sentencing Law

Perhaps the biggest difference between State vs federal drug charges is how sentencing is calculated. In North Carolina, our structured sentencing laws consider offense class and prior record level, which can allow for probation or less custodial time for low-level cases.

Federal courts adhere to the U. S. Sentencing Guidelines, which are based on a point system that increases or decreases according to drug amount, role in the offense, criminal history, and enhancements. Federal judges have discretion, but sentences are typically much higher than in state courts.

Drug Conspiracy Charges in Federal Court

Federal prosecutors often utilize drug conspiracy charges to bring more defendants into a case and charge them with harsher penalties. A conspiracy charge means that the person agreed to join a drug trafficking operation in some way.

Unlike state drug charges, where prosecutors must prove you were in possession of drugs, federal drug conspiracy charges can apply if you were knowingly involved in any part of the operation. Even if you are not physically caught with drugs, you can still be charged based on association with the larger drug trafficking conspiracy.

Federal Drug Trafficking Enhancements & Sentencing Factors

Sentencing for federal drug charges can greatly increase if certain sentencing enhancements apply. Sentencing enhancements are basically ways that prosecutors can increase your sentence based on aggravating factors. Two common ways crimes are enhanced include:

• Drug quantity. Drug quantities strongly influence sentencing guidelines. Small increments in weight can move you into a higher sentencing bracket when you’re dealing with federal drug charges.

• Firearm enhancements. If a firearm is involved in your drug case, you’re looking at a significant increase in federal sentencing. Firearm enhancements are very common in federal drug cases and can add several years to your sentence or require mandatory minimum sentencing.

Why Federal Charges Require Immediate Attention

Facing drug charges in federal court can be overwhelming. Not only are you dealing with a whole new courthouse and personnel, but federal drug crimes involve sentence enhancements and mandatory minimum sentencing that don’t apply to state charges.

Since federal prosecutors dedicate considerable time, often spanning months or even years, to developing a case, they can construct a robust and intricate prosecution against an individual. Federal cases involve lots of evidence, including surveillance, wiretaps, bank records, and cooperating witnesses.

Possession of Marijuana

Possession offenses in North Carolina are broken down into different charges based on the amount of marijuana that you are accused of possessing. Marijuana laws vary from State to State and continue to change throughout the country. Although recreational marijuana remains illegal in North Carolina, you can still be criminally charged with possession.

Possession of Marijuana of one-half ounce (0.5 oz.) or less can be charged as a Class 3 misdemeanor. Possession of more than one-half ounce but less than or equal to one and one-half ounces can be charged as a Class 1 misdemeanor. Possession of more than one and one-half ounces can be charged as a felony.

Convictions can have lasting consequences that go far beyond the fines or punishments ordered by the court. Having a marijuana conviction on your record could affect your current or future employment, professional licensing, housing applications, education possibilities, and immigration status. Since each case differs, it is important to know what you are charged with and why.

Possession of Drug Paraphernalia

Drug paraphernalia is any equipment that is intended for use in manufacturing, packaging, storing, transporting, testing, growing, or consuming a controlled substance. The circumstances often dictate what qualifies as drug paraphernalia. Depending on the situation, this may include:

• Pipes
• Bongs
• Syringes
• Scales
• Baggies

North Carolina statutes also differentiate marijuana related paraphernalia offenses from paraphernalia used for other drugs. The charges and penalties vary based on the specific facts and circumstances of the offense, including what the item was and what substance was involved. While the underlying drug offense may be minor, a conviction for drug paraphernalia can leave you with a criminal record, which could affect your future.

Possession of a Schedule V Controlled Substance

Possession of a Schedule V controlled substance is one of the least serious drug possession offenses in North Carolina. While the penalties and collateral consequences of a conviction may be less severe than others, you could still be facing criminal charges and have a criminal record. Schedule V drugs can include any medication containing limited quantities of certain narcotics. It often depends on your circumstances as to how your case will be handled.

Possession of Schedule II, III, or IV Controlled Substance

Possession of Schedule II, III, or IV controlled substances can lead to misdemeanor charges. The charge, defenses available, and consequences vary based on the controlled substance and circumstances. Prescription medications can fall into any of these schedules. Even if you have a valid prescription for a controlled medication, you may face criminal charges if you do not lawfully possess the medication.

Possession of a Schedule I Controlled Substance

Possession of a Schedule I controlled substance is usually charged as a felony offense. Drugs considered to be Schedule I substances have been determined to have a high potential for abuse and no accepted medical use.

Felony convictions result in criminal penalties and a criminal record. Depending on the drug you possessed and your circumstances, you could face severe criminal penalties.

Sale/Delivery of Schedule I or Schedule II Controlled Substance

Felony convictions and punishment can become much more serious if you are accused of selling/delivering a Schedule I or Schedule II controlled substance. Many times, a prosecutor will seek to file felony charges.

Some things that can impact this type of charge are the drug involved, how much you’re accused of selling, previous criminal record, and whether there are any aggravating factors.

Misdemeanor vs. Felony Drug Charge in North Carolina

There are several factors that determine whether a drug offense is a misdemeanor or felony in North Carolina. These factors include what type of substance is at issue, the amount of the substance, how the substances are packaged, and what the intentions of the person found with the substances are.

Possession of controlled substances may be either a misdemeanor or a felony. However, if you possess with intent to sell or distribute, or are accused of trafficking in controlled substances, you may face felony charges.

The punishment for drug-related offenses in North Carolina is contingent on the quantity and schedule of the illegal substance.

Even a misdemeanor drug offense in North Carolina could have significant repercussions on your life and that of your loved ones. The penalties are even more serious if the drug offense is classified as a felony. It is important that you get proper legal advice no matter the drug charge you may be facing. Whether or not you seek legal counsel for the drug charge you’re facing could directly affect the results of the case.

Possession: Actual vs Constructive

In order to be convicted of a crime involving the possession of drugs, the State must prove that you possessed the substance. Possession of a controlled drug substance in North Carolina can either be constructive or actual.

Actual possession applies when a drug is found on the person, typically either in their clothing or on the body of a person. Constructive possessions apply when the controlled substances are located near the person or in a place that’s easily accessible. Possession is one of the elements of these types of charges, so it is imperative that the facts are closely reviewed to determine defense strategies.

North Carolina courts have stated that a defendant has actual possession of contraband if it is on his or her person, the defendant is aware of its presence, and either alone or with others has the power to control its disposition or use.

Constructive possession exists when the defendant, while not having actual possession, has the intent and capability to maintain control and dominion over the contraband. The defendant may have the power to control the substance either alone or jointly with others.

In many cases, the defendant does not have exclusive control or possession of where the contraband was found. If this is the case, the State must show other incriminating circumstances that are sufficient to show constructive possession. This may include documents, paraphernalia, or other evidence that links the defendant to the location where the contraband was found.

Possession, whether actual or constructive, is one fact that needs to be closely examined in every drug case.

Can I Have a Drug Conviction Expunged in North Carolina?

Depending on the specific circumstances and time that has passed since your conviction, you may be eligible to have a drug conviction expunged in North Carolina. You may also be mandated to undertake and successfully finish the NCGS 90-96 program. If you complete the 90-96 program, the case can be dismissed, and you can be eligible to have the charges expunged from your record.

Possible Defenses in Drug Crimes Cases

A lawyer will review your case to look for specific opportunities on which to build a defense. While there are no one-size-fits-all models, there are several common defenses that could be used as the foundation for your case.

Defendant Can Show That Police Didn’t Have Probable Cause or Consent to Search Your Home, Vehicle, or Person

We can review whether your 4th amendment rights were infringed at the time of the search. If the police did not have probable cause, consent, or an exception to the search warrant requirement, then the search may be unconstitutional. If a search is determined to be unconstitutional after a hearing before a judge, the evidence obtained may be suppressed, which can severely limit the evidence available to the State.

Defendant Not Aware of the Presence of the Controlled Substances

The State is required to prove that the defendant knew that the controlled substances were either being possessed or transported by the defendant. We can examine the facts and circumstances of the case to determine what the greatest course of action is in your case.

Defendant Can Prove That the Amount of Substance is Less than Statutory Amount for Trafficking

If the defendant can show that the amount the State has seized is less than what is required under the statute, the offense may not meet the requirements to proceed on drug trafficking charges.

It is important to remember that each case is fact-specific and must be reviewed before forming a viable defense plan.

FAQs

Q: What Is the Mandatory Minimum Sentence for Drug Possession?

A: Simple possession generally follows structured sentencing guidelines rather than fixed minimums. However, drug trafficking is a major exception, carrying strict mandatory minimum prison terms determined by the weight of the substance. If convicted of trafficking heroin, meth, or fentanyl, you could face between 25 and 282 months in prison without probation.

Q: What Is the Punishment for a Drug Case in Asheville?

A: Penalties depend heavily on the drug’s Schedule and quantity. Misdemeanors range from fines to 120 days in jail, while felonies like manufacturing or trafficking carry years in prison. Since any conviction can lead to life-changing ramifications, consulting an Asheville drug defense attorney is critical to protecting your freedom.

Q: What Are the Three Types of Possession?

A: The State generally relies on actual possession, found on a person, or constructive possession, found in the vicinity/property. A third concept, joint possession, applies when control is shared with others. We aggressively challenge these claims, forcing the State to prove you truly had dominion over the contraband.

Q: How Much Will Hiring an Asheville Drug Defense Attorney Cost?

A: Depending on the intricacies of your drug case, defense lawyers can charge more for felony cases compared to misdemeanors. This is because felonies usually have more serious penalties, require regular court appearances, and require more preparation. How much time and attention your case requires can largely determine lawyer fees. At Edwards Law, PLLC, we can quote a reasonable fee during the initial consultation as we listen to the circumstances of your case.

Asheville Drug Crime Lawyer

You can trust the experience and skills of our legal team at Edwards Law, PLLC in Asheville, NC, to defend your case. We know the exact questions to ask to find the truth and build a strong drug case defense.

Doug Edwards has handled many jury trials involving different kinds of drug cases. He knows what to expect from the prosecution and how to navigate the drug crime charge to achieve a favorable result.

If you are looking for a qualified drug defense lawyer in Asheville, NC, we are your go-to law firm. Our team at Edwards Law, PLLC, can review every avenue of your drug crime case as we look for any factual issues or legal avenues that we can use to your advantage.

You want to have a defense attorney who is intimately familiar with drug crime laws governing controlled substances in Asheville, NC. We can advocate for your rights to be protected and for you to be treated fairly by the system. We can aggressively defend your case and work to reach the most positive outcome possible under the specific circumstances of your case.

If you or a loved one has been charged with a drug offense in Asheville or Buncombe County, NC, the following local and State resources can help you understand your rights and the legal process that applies in Asheville’s courts. Contact us today for a consultation.

Edwards Law, PLLC – Asheville, NC Office

38 Arlington St, Asheville,
NC 28801, United States

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“Doug Edwards is an absolutely amazing lawyer. He truly cares about his clients and works hard to make sure they receive the very best outcome possible. The communication was awesome with Doug and his office at all times. I highly recommend Doug Edwards, HE GETS RESULTS!”

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Asheville, NC Drug Defense Resources

• College Drug Possession in NC: Legal Consequences Students and Parents Should Know
• Public Intoxication on a College Campus in North Carolina: What Students Should Know

Asheville, NC Drug Defense Legal Resources

If you or a loved one has been charged with a drug charge in Asheville or Buncombe County, NC, the following local and state resources can help you understand your rights and the legal process that applies in Asheville’s courts.

• Buncombe County Courthouse – Asheville, NC
• Buncombe County Sheriff’s Office
• Asheville Police Department