Burnsville Drug Crime Lawyer

Burnsville Drug Crime Attorney

A drug conviction can have life-altering consequences. In North Carolina, drug crimes are taken very seriously, with potential penalties including prison time and steep fines. If you’ve been arrested or are under investigation for a drug crime, consulting with a Burnsville drug crime lawyer can help protect your rights and freedom.

Why Choose the Lawyers at Edwards Law, PLLC?

At Edwards Law, PLLC, we understand the state’s controlled substance laws and will fight for your rights. We will evaluate the charges against you and provide an honest review of the possible outcomes. Our skilled legal team will develop a unique and aggressive defense strategy that considers every aspect of your case.

Our legal team has the knowledge and skills to defend your case. We have handled numerous cases, including drug cases and we know how to navigate the prosecution to achieve favorable results for our clients.

Types of Drug Crimes Cover a Range of Offenses

Different drug offenses carry different risks in Burnsville and throughout the entire state. Drug crimes cover a range of offenses, including possession, possession with intent to distribute, drug trafficking, prescription fraud, cultivation/manufacturing, transportation, and sales.

Penalties can vary based on the quantity and type of drug involved, as well as other factors. Even misdemeanor drug offenses can have significant consequences.

Drug DWI Charges Are Taken Seriously in the State

Driving under the influence of drugs (DWI) is taken very seriously. Even first-time offenders can face severe penalties. Proving drug impairment typically involves chemical testing. Common substances in drug DWI cases include marijuana, cocaine, methamphetamine, heroin, and LSD.

Penalties for drug DWI can be either misdemeanors or felonies, depending on the circumstances. Misdemeanor penalties range from fines and short jail terms to more severe penalties for repeat offenders. Felony DWIs, typically for habitual offenders, carry harsher penalties.

Penalties for Drug Crimes Vary According to the Substance, Amount, and Circumstances

The state regulates controlled substances, both prescription and illegal. The state classifies controlled substances into six Schedules, with penalties varying based on the Schedule and amount of the drug. Penalties are often based on the drug’s Schedule and other factors.

Drug trafficking is the most serious drug offense in the state, involving the sale, manufacture, transport, or possession of large amounts of controlled substances, particularly narcotics like cocaine, heroin, and methamphetamine. Convictions carry mandatory minimum sentences ranging from 25 to 279 months in prison. Other drug-related penalties include:

• Misdemeanor possession of drug paraphernalia: Class 3 or Class 1 misdemeanor, depending on the substance.
• Misdemeanor possession of Schedule V drugs: Class 2 misdemeanor, up to 60 days in jail.
• Possession of Schedule IV, III, or II drugs: Class 1 misdemeanor, up to 120 days in jail.
• Possession of Schedule I drugs: Class I felony, up to 24 months in prison.
• Sale of Schedule I or II drugs: Class G felony, up to 47 months in prison.
• Distribution of Schedule III, IV, V, or VI drugs: Class H felony, up to 39 months in prison.
• Manufacture of methamphetamine: Class C felony, up to 231 months in prison.
• Possession with intent to sell or deliver counterfeit drugs: Class I felony, up to 24 months in prison.

Drug Charges in the State

Several factors determine whether a drug offense is a misdemeanor or felony, including the type and amount of substance, packaging, and intent. Possession with intent to distribute or trafficking typically results in felony charges. Even misdemeanor drug offenses can significantly impact your life.

To convict someone of drug possession, the state must prove possession. Possession indicates that the drug was discovered on the person, and constructive possession indicates that the drug was found near the person or some easily accessible place, for example, their home or car.

Depending on the circumstances of your case and the time since conviction, you might be able to have a drug conviction expunged. Completing certain programs can lead to dismissal and eligibility for expungement.

Possible Defenses Against Drug Charges

Defenses against drug charges include lack of probable cause or consent for a search, unawareness of the presence of controlled substances, and the amount of the substance is below the statutory limit for trafficking. Each case is unique and requires a detailed review to determine the greatest defense strategy.

FAQs

Q: How Much Does a Criminal Lawyer Cost?

A: The cost of a criminal lawyer will depend on a number of factors. Each lawyer charges differently. Some charge hourly, some charge a flat fee, and some are based on a retainer. The cost is also determined by the charges against you, such as whether it is a misdemeanor or felony and the complexity and severity of the crime.

Q: What Is the Law on Drug Possession in North Carolina?

A: Drug possession is categorized into six Schedules. The Schedule is based on its accepted medical use and the potential for the drug to be abused. Lower Schedule drugs typically have less serious penalties, while higher Schedule drugs will have harsher penalties. If the possession includes an intent to distribute, this can add additional penalties.

Q: What Amount Is Considered Trafficking for Drug Charges?

A: The amount of drugs considered trafficking depends on the type of drug, as each drug has a different amount that is considered trafficking. For example, possessing 28 grams or more of cocaine is considered trafficking, whereas possessing more than four grams of heroin is considered trafficking.

Q: What Is a Class H Drug Felony?

A: In North Carolina, a Class H drug felony is a less serious felony compared to other, higher classes (A-G). Examples of Class H drug felonies include possession with intent to sell lower scheduled drugs, mainly those that have a smaller chance of being abused, such as prescription drugs. Class H felonies still carry penalties, such as jail time, probation, and fines.

Contact Edwards Law, PLLC Today

At Edwards Law, PLLC, we will thoroughly review your case and defend your rights. If you have been charged with a drug crime, we can help you. Call us today for more information on how to receive our legal representation.