Raleigh Drug Crimes Attorney
Maintaining a Dwelling
In the continuing fight against drug usage in North Carolina, law enforcement and district attorneys attempt to pursue drug offenders from every angle. For this reason, and several others, it is a crime in North Carolina to maintain a store, shop, warehouse, dwelling, or building or any other structure for the purpose of using or obtaining a controlled substance. In general, it is important to remember that the dwelling’s sole purpose doesn’t have to be related to drugs; instead, the prosecution must prove that the dwelling or property was used in relation to drug activity.
If charged with maintaining a dwelling, you could be facing severe penalties, including exorbitant fines and possible imprisonment. Whether under investigation or arrest, make sure to contact a Raleigh drug crimes attorney immediately. At the Law Office of Dewey Brinkley, we provide a full-service criminal defense based on years of experience and comprehensive knowledge of North Carolina drug laws.
Overview of the Maintaining a Dwelling Charge
According to North Carolina G.S. § 90-108, it is unlawful for any person “to knowingly keep or maintain any store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft, or any place whatever, which is resorted to by persons using controlled substances in violation of this Article for the purpose of using such substances, or which is used for the keeping or selling of the same in violation of this Article.” In other words, if you own a vehicle, property, a boat, or many other types of dwellings or property, and you use, manufacturer, or sell drugs in that property (or allow these activities to occur on your property), then you can be facing this charge.
If found guilty of this charge, the defendant could be facing a Class 1 misdemeanor. However, it is important to note that if the defendant claims (or the court finds) that he/she maintained the dwelling intentionally, then he/she could be facing a Class I felony.
Defending a Maintaining a Dwelling Charge
This law is undoubtedly broad, and for this reason, it is essential to acquire the help of an aggressive criminal defense attorney who’ll make sure that your rights were protected at every step of the investigation and arrest process. To prove that this crime occurred, the prosecution must show that the defendant owned the property in question and that the alleged drug activity took place there. Furthermore, maintaining a dwelling means that the property in question was used for a longer period of time, and thus evidence of more than one instance of drug usage or sale needs to be evident.
Defend These Charges With Dewey P. Brinkley
At the Law Office of Dewey P. Brinkley, our team of criminal defense and drug crimes lawyers guarantee a one-on-one, comprehensive criminal defense where we challenge the prosecution’s claims from every angle. In the past, we have helped Wake County residents charged with drug crimes achieve the following results:
- Not guilty charges
- Dropped charges
- Probation in lieu of jail time
- Deferred sentencing
- Substance abuse treatment in lieu of criminal penalties
If you’ve been charged with maintaining a dwelling, make sure to call our Raleigh law office as soon as possible. Call us today at (919) 832-0307 for a free consultation regarding your charges.