Tag Archives: wake county lawyer

Effective Defenses Against a Raleigh Drug Charge

Drug charges—of any type—are always a serious matter. Since most drug charges can end in a conviction, you’ll need an attorney who knows what the state will go through to get it.

How can you defend yourself against a drug charge in Raleigh? Here are some ways an attorney can offer a defense:

Effective Defenses Against a Raleigh Drug Charge

·         Illegal search and seizure—the Fourth Amendment guards all citizens from being searched for no reason, and requiring probable cause. Generally, authorities need a search warrant to search your home, but in a car, drugs in plain view of the officer are an exception. But if your car was searched without a warrant or without your consent, your Fourth Amendment rights may have been violated. The drugs would then be inadmissible in court, and the charges will likely be dropped.

·         Proving possession—the state must prove that any illegal substances found actually belonged to you. For instance, if you were riding in a car with a number of people, proving possession will be more difficult. Being near the drugs may not be enough to convict, and a defense attorney can cast doubt on you being in possession.

·         Proving that it was drugs—a “mysterious white powder” must be analyzed by a crime lab to determine whether it’s baking soda, over-the-counter medication or an illegal controlled substance. If it isn’t, your attorney can argue that there’s no way to prove that the “powder” was a controlled substance or not.

·         Where are the drugs?—a defense attorney can require the prosecution produce the substances in question that are being used to bring you to trial. If the prosecution doesn’t keep track of what the police recovered, and can’t produce the evidence at trial, your attorney will have a strong case to have the charges dropped.

·         Planted drugs (aka “entrapment”)—it’s not unheard of for an individual to “plant” drugs on an innocent individual, including the occasional law enforcement officer. While this scenario is rare, your attorney can raise this defense if there is evidence that points to the possibility that someone had the motive. The prosecution is then required to prove that the substances were not planted and belonged to the defendant.

An attorney who understands drug charges, the court process and how to create a strong defense is your best chance of success in the courtroom.

Your Drug Charge Defense Attorney

Offenses involving any form of drugs—from a small amount of marijuana to a saleable quantity of anything else—can land you in jail. Drug charges can ruin your life forever, even if you’re innocent. Don’t plead “guilty” just because you think you should. Find a drug charge attorney who will fight for your rights.

Whether you’re charged with a misdemeanor or a felony, your defense is critical to the outcome.  A criminal defense attorney experienced in drug cases can defend you in court and make sure your rights are protected. Dewey P. Brinkley is a former Wake County prosecutor who will prepare a strong defense and make sure you receive a fair trial under the law.

Contact our Raleigh law office today at (919) 832-0307 for a free consultation.

How Can I Get My Raleigh DWI Dismissed?

North Carolina takes drunk driving very seriously. With some of the strictest laws in the US, a DWI is a difficult charge to defend, and even more difficult to dismiss. But with the right legal representation, good fact investigation and a strong defense, a DWI can, in some circumstances, be dismissed. Here’s what you need to know.

Was The Arrest Conducted Correctly?

How Can I Get My Raleigh DWI Dismissed?A police officer must follow specific, proper procedures for a drunk driving (or any) arrest. He or she must have reasonable suspicion or probable cause to pull a vehicle over, and be able to prove that you were, indeed driving while intoxicated or otherwise impaired.

There are some occasions where an officer made multiple mistakes in the arrest and the DA dismisses the case, but those are very rare. If you’re not lucky enough to have the charge dismissed by the DA before trial, you’ll have to fight in court.

If the arresting officer mishandled the arrest or made other mistakes that are crucial to the arrest and criminal case, a judge may decide to dismiss the case completely. But you must have all the facts of your case documented, along with any evidence. Mistakes like:

  • Failing to read your Miranda rights (right to remain silent, to have an attorney, etc.)
  • Acting in a disrespectful and/or intimidating manner
  • Displaying any improper conduct toward you during your arrest
  • Improperly administering a breathalyzer or field sobriety test

Evidence That Disproves The Officer’s Claim And Creates Doubt

Again, the police officer must have probable cause to pull you over and begin an arrest. His or her testimony carries a lot of weight in court. However, details are important here. For instance, if the officer did not actually witness you driving the car while inebriated, there may be some doubt involved, and the case could be dismissed.

Witnesses who can corroborate your story can also be helpful. If bloodshot eyes are the only evidence of your “intoxication,” they could indicate another condition such as allergies or fatigue (or crying.) Without additional evidence, such as an odor of alcohol, a field sobriety test, or a blood alcohol level test, the prosecution can’t positively prove that you were driving and intoxicated.

One medical condition that can actually raise BAC is Candida albicans. That’s a scientific name for yeast overgrowth in the gut. In advanced cases, yeast overgrowth can actually cause detectable levels of alcohol in the blood without a drop of alcohol consumed. Candida can be diagnosed by a simple blood test and is easily treated and eradicated with antifungals and diet. But left untreated, candida can cause symptoms that could lead an officer to believe you’re actually driving drunk.

This is where you’ll need a good criminal defense attorney at your side, both before and during the trial. Your attorney can request evidence from the police department from the arresting officer’s records, including any video. He or she can also investigate other evidence before the trial that can prove your innocence.

You Can’t “Plead Down”

In some states, a DWI can be reduced to a lesser charge, like reckless driving. However, North Carolina doesn’t allow reductions of DWI. In fact, under N.C.G.S. 20-179.4, DWI charges are actually more difficult. Unless the state can’t produce a witness, such as a police officer or other witness that can prove that you’re guilty, your case will go to trial.

Get Help From Raleigh’s DWI Attorney

An experienced DWI attorney can review your case, examine details, investigate and find out the exact circumstances of your case before you go to court. That’s why it’s important to have someone who knows how to defend someone in a DWI case and bring a successful outcome.

Dewey P. Brinkley is a former Wake County prosecutor who will prepare a strong defense and make sure you receive a fair trial under the law. Contact our Raleigh law office today at (919) 832-0307  for a free consultation. You can also email us at dewey@deweybrinkleylaw.com.