Drug Offense Lawyer in Shelby, NC

Our criminal lawyers are experienced in working with people who have been accused of drug crimes, including possession, possession with intent to sell, possession of paraphernalia, and prescription drug fraud.

Under North Carolina law, it’s illegal to possess, use or traffic any drugs listed as controlled substances, including marijuana, cocaine, crack cocaine, methamphetamine or crystal meth, heroin, and hallucinogenic drugs such as LSD. But we recognize that some people are wrongfully charged with drug offenses and we will fight for your rights.

What are the Penalties for Drug Offenses in North Carolina?

Most drug offenses are charged as felonies in state or federal court. The penalty you face depends on the type of drug, the amount involved, and whether you have past convictions for drug offenses. For example, if you are arrested and charged with possession of less than a half-ounce of marijuana, it is a misdemeanor that may lead to probation. On the other hand, if you are arrested with more than 10 pounds of marijuana, it’s a felony with a mandatory prison sentence of 25 months and a fine of at least $5,000. A conviction can mean imprisonment, classification as a narcotics offender, and seizure of your vehicle.

Defenses Against Drug Crime Charges

Defenses against drug crime charges may include:

• Unlawful Search and Seizure: We thoroughly assess whether law enforcement officers had violated your Fourth Amendment rights during the search and seizure process. If there was an illegal search or seizure, we may argue for the exclusion of evidence, significantly weakening the prosecution's case.
• Lack of Possession Knowledge: In drug possession cases, the prosecution must be able to prove that you knowingly and intentionally possessed the illegal substances. Our defense may focus on challenging the prosecution's ability to demonstrate your awareness of the drugs' presence.
• Chain of Custody Issues: The reliability of evidence is crucial in drug cases. We scrutinize the chain of custody of seized substances to ensure that the evidence against you is handled properly and has not been tampered with or contaminated.
• Miranda Rights Violation: If law enforcement had failed to properly inform you of your Miranda rights during arrest or interrogation, we may argue for the exclusion of any statements made during that time.
• Substantive Defenses: Depending on the specifics of your case, we may explore substantive defenses such as mistaken identity, entrapment, or lack of intent to distribute.