Category Archives: Drug Crimes

Do You Need A Raleigh NC Drug Possession Attorney?

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Drug possession — two words that can mean the end of your life as you know it. Like DUI, North Carolina has some of the strictest laws and harshest penalties in the country. One mistake can mean lifelong consequences—even jail time.

Do You Need A Raleigh NC Drug Possession Attorney?Possession of drug paraphernalia can also see you arrested, whether or not you intend to use it for drug consumption. Even everyday items like a scale and small bags can be considered “paraphernalia” for either using or selling.

Drug trafficking (sale, distribution, and possession of large amounts for those purposes) are more serious charges that can get you long-term jail time and heavy fines.

Even a misdemeanor drug conviction can negatively affect your life for years to come. It can be even worse if you’re actually innocent.

The North Carolina Controlled Substances Act

North Carolina divides different drugs into categories, or “schedules,” and the penalties differ with each classification, depending on their potential for abuse. The state’s Controlled Substances Act spells out each category and grades each substance. Penalties and jail times vary with the severity of the charges.

  • Schedule I: this is a class I felony for drugs like opiates, heroin, ecstasy, and peyote, among others, with no “accepted medical use” and are at high risk for addiction and abuse.
  • Schedule II: this is a class 1 misdemeanor for drugs that have a medical use, but also have the potential for addiction, such as opium, cocaine, morphine, Oxycodone, Methadone, and others.
  • Schedule III: this is a class 1 misdemeanor for addictive substances that also have a medical use, such as anabolic steroids, ketamine, Lysergic Acid and Nalorphine with a lower potential for addiction.
  • Schedule IV: this is a class 1 misdemeanor for prescription drugs with an accepted medical use but a lower risk of abuse and addiction. This class includes prescriptions such as Xanax, Darvon, Valium, Clonazepam, and others.
  • Schedule V: this is a class 1 misdemeanor for prescription narcotic drugs that aren’t as addictive, but still have the potential for abuse. This includes over-the-counter medications such as cough syrup with codeine.
  • Schedule VI: this is a class 3 misdemeanor for drugs with no recognized medical use in North Carolina, have a low potential for addiction and abuse, including marijuana, hashish oil, and hashish.

A Note About Marijuana

Having marijuana in your possession is still a crime in North Carolina. “For medicinal purposes” is not a valid defense.

Many states have passed varying amounts of marijuana legalization for different reasons. One of the latest, Louisiana, has only legalized marijuana for medical uses, not in smokeable form or for recreational use. North Carolina, South Carolina, and Virginia, as well as neighboring Kentucky and Tennessee, have not passed any laws legalizing it, and you can still be charged.

North Carolina state lawmakers are planning to introduce legislation this year to allow medical marijuana in the state of North Carolina this year, and some doctors now have the limited ability to prescribe it.  This map shows which states have legalized marijuana, and in what capacity.

Until then, marijuana is still illegal in North Carolina. You can still be arrested for having it, even in small amounts.

Call A Strong Criminal Defense Attorney in Raleigh, NC

Do you need an attorney to defend you for drug charges in North Carolina? Absolutely, or you could risk even more jail time, fines and other penalties. Hiring the right Raleigh drug possession attorney can make a big difference in the outcome of your case.

Whatever you do, don’t just plead guilty because you’re not sure what you should do (especially if you’re innocent.) You have the right to have an attorney who can aggressively defend you and make sure your rights are protected.

As a former Wake County prosecutor, Dewey P. Brinkley is now an experienced criminal defense attorney who will aggressively defend you and work towards the most favorable outcome. He can defend you against drug charges, fight any wrongful charges and work for a more reasonable sentence if convicted. Call the law offices of Dewey P. Brinkley today for a free initial consultation to discuss your child’s case at (919) 832-0307.

Raleigh Juvenile Drug Possession Attorney

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Drug possession is always a serious offense, no matter what the amount or circumstances. Marijuana is still illegal in the state of North Carolina, so any amount can be considered “drug possession.” An adult can be charged, tried and convicted, but juvenile drug possession may have a somewhat different path through the criminal justice system.

Drug charges can also have long-lasting consequences. Just being charged can limit choices in school activities as well as reduce college/education, housing, vocation and military enlistment choices. Should your child be asked later if they had any arrests, he or she will have to answer “yes,” and it will show up during a background check. Even a minor drug charge should be taken seriously.

The Juvenile Court System

Raleigh Juvenile Drug Possession AttorneyThere are two forms of criminal justice for juveniles—one for underage misdemeanors, and one for adults. The focus of the juvenile court system is rehabilitation, not incarceration. Numerous programs exist in Wake County that aim to reduce and prevent juvenile crime and offer diversions from such behaviors, as well as entry into the juvenile and adult criminal court systems.

Anyone arrested under the age of 16 is considered a juvenile, particularly for non-violent offenses (truancy, shoplifting, etc.) There are penalties and punishments for breaking the law, but the judge has the option of using alternative sentencing, such as drug counseling, probation with conditions and community service.

Juveniles won’t have a trial by jury as an adult would (unless they’re tried as an adult), and would attend a hearing with only a judge. After a caseworker evaluation and report, the judge will decide on the best disposition and sentencing for the child. The child has the opportunity to have the charges dismissed and the records sealed at the age of 18 once his or her sentence is completed.

However, if the juvenile is charged with a felony (i.e., drug trafficking, weapons possession), no matter what the age, they’ll probably be sent directly into the adult criminal justice system. Should that happen, the child will then will be tried as an adult, can serve jail time and may not have the opportunity to have any charges eventually dismissed.

First Offender “Forgiveness”

North Carolina offers a “First Offenders Program” that allows, under certain circumstances, the first offense to eventually be dismissed. This only works one time, and a second drug charge allows the first to be used in court.

An attorney experienced in drug possession defense and juvenile crime can help you and your child decide if the First Offenders Program is right for your case, and if so, help you through the process.

What If Your Child Is Actually Innocent?

It’s not uncommon for several teenagers in a car or other close proximity to all be charged with drug possession when only one actually has it. This is particularly true of marijuana when a police officer detects the odor at a traffic stop. If your child has a solid legal defense, such as insufficient evidence, or if he or she were the victim of an illegal search/seizure, it’s better to go to court with an attorney and present that defense instead.

If your child is innocent, don’t use up his or her only chance at the First Offender’s Program instead of going to court and being acquitted. An attorney experienced in juvenile drug possession charges can discuss this with you and prepare an effective defense for an acquittal.

Get The Legal Help Your Child Needs

If your child has been charged with juvenile drug possession in Raleigh, it’s time to find an attorney who can help, right now. You need someone who is experienced and can represent you and your child in court.

As a former Wake County prosecutor, Dewey P. Brinkley is now an experienced criminal defense attorney who can guide you and your child through the court process. He can defend your child against drug charges, fight wrongful charges and work for a more reasonable sentence if convicted. Call the law offices of Dewey P. Brinkley today for a free initial consultation to discuss your child’s case at (919) 832-0307.

When Does Drug Possession Become A Felony?

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If you find yourself facing a drug charge—especially if it’s your first—you may not understand everything that’s involved. There are varying degrees of drug charges based on how much you were found to be in possession of, as well as the type of drug you were carrying.

While it doesn’t take much to trigger a drug charge, it’s always a serious offense, and should never be taken lightly. Instead of a public defender, hiring a experienced Raleigh drug possession defense attorney to defend you may be the difference between jail and probation, or a long sentence vs. a short sentence.

How Will You Be Charged?

When Does Drug Possession Become A Felony?

There are four possible classes of law that may be used:

• Misdemeanor Drug Laws
• Felony Drug Laws
• Felony Drug Trafficking Laws
• Federal Drug Laws and Federal Drug Trafficking Laws

Everything depends on what you were arrested with, how much, and how the substance is classified.

Marijuana Is Still Illegal In North Carolina

Nine US states have legalized marijuana for personal use, and 29 states allow marijuana to be prescribed by a doctor for medicinal use. While medical evidence shows the benefits of cannabis therapy for a number of conditions, North Carolina isn’t in either “pot-friendly” group. You can still be stopped and arrested for its possession and/or distribution in the state, and a “doctor’s note” or prescription is not acceptable as a valid defense.

Class 1/Class 2 Misdemeanor

This includes:

• Possession of drug paraphernalia (N.C.G.S. § 90-113.22): any kind of tools or equipment used in the production, sale, or use of controlled substances.
• Possession of marijuana, up to 1.5 ounces, and may include up to 45 days of jail time.
• Possession of Schedule II, Schedule III, or Schedule IV drugs (opioids, codeine, cocaine, marijuana.)

Class 3 Misdemeanor

Very small amounts of marijuana, less than a half-ounce, is called “simple possession of marijuana.” This includes derivatives hashish and hashish oil. Simple possession incurs a $200 fine, but a first offense doesn’t usually include jail time. A second offense is a Class 2 misdemeanor, which can include 30 days in jail.

Schedule I

Any charge for these substances is a felony on the first arrest. Schedule I is the class of drug that includes:
• Heroin
• Ecstasy
• GHB
• Methaqualone
• Peyote
• Opiates

Other “harder” drugs may be included. A first arrest for one of these substances is always a felony with at least 4 months of jail time, as is the second.

Schedule II-VI

A first offense for these drugs is a Class 1 misdemeanor charge, but a second offense becomes a Class 1 felony:

• Cocaine
• Raw Opium
• Opium Extracts, Fluid and Powder
• Codeine
• Hydrocodone
• Morphine
• Methadone
• Methamphetamine
• Ritalin
• Ketamine
• Anabolic Steroids
• Some Barbituates
• Valium
• Xanax
• Rohypnol
• Darvon
• Clonazepam
• Barbital

Felony Drug Laws In North Carolina

Harsher penalties are involved with stronger and larger amounts of drugs, turning drug possession into a felony. North Carolina drug felonies are classified as Class G, H, or I, and include:

  • The sale of any Schedule I or Schedule II drugs (Heroin, Opium or Cocaine) are considered Class G felonies.
  • The manufacture of methamphetamine (Meth) is a Class C felony. If “manufacturing” is found to be only packaging and/or labeling meth, it’s a Class H felony.
  •  The sale of Scheduled III, Schedule IV, Schedule V, and Schedule VI drugs are punishable as Class H felonies. This includes marijuana, a Scheduled VI drug; it’s punishable as a Class H felony.
  • Possession with Intent to Sell and Deliver (PWISD) of Schedule III through Schedule VI drugs, (except cocaine and heroin), a Class I felony.
  •  Possession with Intent to Sell and Deliver (PWISD) or sale of any counterfeit drug, a Class I felony.

Drug Trafficking

Possession, sale, transportation, warehousing or distribution of prohibited substances always comes with prison time. Providing “substantial assistance” to authorities can help reduce your sentence, and the judge has some leeway in sentencing. But you’ll need to speak a lawyer right away in order to ensure that your case is handled properly.

While the laws generally address large amounts of illegal drugs, sometimes the amount involved is relatively small. There are multiple levels of punishment for each type of drug, varying from 2 years (25 months) to more than 18 years in prison. This includes (but isn’t limited to) marijuana, meth, cocaine (crack or powder), heroin/opium, LSD and MDMA.

One would be able to see a  full schedule system of North Carolina’s controlled substances and possession penalties .

Drug Charge Defense

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 a Raleigh Drug Attorney Can Help Your Possession Case (Video)

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This is Part 32 of our weekly North Carolina Criminal Defense video blog: “How a Raleigh Drug Attorney Can Help Your Possession Case“

Transcript:

The big difference is between simply possessing a controlled substance and possessing it with the intent to sell it or deliver it, or were you actually caught selling it?

If it’s simply a possession crime, and you’re a user, and you haven’t been in trouble before, there are certain safeguards that are available to you in North Carolina that will allow you, if you’re successful, to potentially earn a dismissal and get the matter expunged from your record.

It’s different if you’re caught selling or possessing a substance with the intent to sell it. That’s when the stakes get much higher.

Raleigh Defense Lawyer – Prison Alternatives For NC Drug Cases (Video)

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This is Part 31 of our weekly North Carolina Criminal Defense video blog: “Prison Alternatives For NC Drug Cases“

Transcript:

Typically, if you’re charged with a drug crime, you’re not eligible for a conditional discharge or a felony diversion. You’re going to be tried on supervised probation before being sent to prison unless it’s a trafficking case. Trafficking is going to be based on weight. If you’ve got more than 10 pounds of marijuana, or four grams of heroin, or 28 grams or more of cocaine, those are all going to be trafficking level crimes. By statute, you do have to do prison time on those. The only exception to that is if you actually decide to become an informant, work with the police, or provide what we call substantial assistance, which can potentially have the court sentence you to probation rather than that mandatory active time.

Raleigh Drug Charges: What It Means For Your Future

Drug Crimes,

It was just a little bit. Not enough to really notice. But the police did. Now you’ve got some drug charges.

Now what?

drug charges can effect your future

From applying for a job or college, renting an apartment or a house, one drug charge can stop you from doing all these things most people do every day.

Marijuana Misdemeanor

North Carolina has not legalized marijuana, and still considers it a crime.

A “small amount,” less than a half-ounce, is called “simple possession of marijuana.” A Class 3 misdemeanor, you’ll pay a $200 fine, but probably not have jail time for your first offense. Higher amounts, up to 1.5 ounces, are a Class 1 misdemeanor, with up to 45 days in jail (or probation, if your attorney successfully argues for it.) If you have more than 1.5 ounces, up to 10 pounds, it’s a felony with jail time up to 12 months.

Schedule I and II Drug Charges

Controlled substances like cocaine, ecstasy, heroin and others carry felony charges, harsher penalties and higher jail sentences. Any amount in your possession will result in an automatic arrest with fines and jail terms. Drug trafficking and “maintaining a dwelling” (any facility used for warehousing and distribution) are also felonies with jail time.

Employment

If you are asked by a prospective employer, either in person, or on a job application, if you’ve ever been arrested, of course, you must say “yes” (unless you’ve had a legal expunction.) Background checks are cheap and easy to get, so most employers get them when you apply. Arrests and convictions show up immediately.

If you’re not asked in the application, you may be asked in an interview. Obviously, you must answer “yes,” or they will find out during the background check. Once they discover you’ve been arrested for drugs, they may decide not to continue talking to you, and you’ll have a harder time finding a job.

Employers want to hire people they can trust. Drug charges can severely limit your choice of vocations, even for a misdemeanor. Law enforcement, nursing, working with children (such as daycare or teaching) and any job requiring a CDL will not accept a candidate with a past history of drug arrests. You may also be turned down for active duty military service or the National Guard.

Mortgages and other loans

In many cases, drug charges cause immediate denial of credit for many kinds of loans. Lenders want to know that the loan will be repaid on time. As a convicted criminal, you will be considered a “high risk.” Mortgages, student loans, car loans, credit cards, and other types of lending will be unavailable  (or only at a very high rate of interest.)

Housing

Many landlords run credit and criminal background checks to potential tenants. Again, background checks are cheap and easy to get, so it wouldn’t take long for a landlord to discover your arrest. Most are looking for stable individuals who will pay rent on time and keep the property in reasonably good condition. Drug charges in your past will make any landlord anxious about renting to you, as well as your activities and ability to pay rent in a timely fashion.

Education

Are you considering going to college?

While you may be able to get financial aid, you will be severely limited. Your financial aid may be suspended if your drug conviction happened while you were receiving aid. You’ll be asked to fill out a worksheet to determine your continued eligibility. You may re-apply after completing a drug treatment program.

Drug trafficking and “maintaining a dwelling” can disqualify you completely from student financial aid.

If you’re also applying to law or medical school, you must also disclose the arrest on your admissions  application. Drug charges may result in denial of your application.

Child Custody

If you’re involved in a difficult child custody battle with an ex, drug charges may cause a judge to reconsider your custody rights, even if an arrest did not lead to a conviction. Your drug arrest can be used as another reason to deny your parental rights, and possibly keep you from seeing your children. You may also be prohibited from adopting children.

Asset Forfeiture

Once you are convicted, you can lose your home, your car, as well as cash. North Carolina requires a conviction for criminal asset forfeiture. The state requires proceeds from criminal asset forfeiture to fund the public school systems.

Even A Misdemeanor Can Have Long-Term Consequences

Drug charges have the potential to cause problems for the rest of your life, whether they’re major or minor. Even though a misdemeanor is a “small thing” in the courts, it’s a very large red flag to anyone who is considering you for employment, as a tenant, or any number of other positions.

First-Time Charge Expunction

North Carolina allows some first-time offenders convicted of simple possession of marijuana to complete drug education training and/or community service to have their drug charge dismissed. Called a “conditional discharge,” you will be required to comply with a number of conditions.

Your attorney can later request an expunction after successful completion. A minor drug charge can be wiped from your record, won’t appear in a background check, and you can legally answer “no” when asked about criminal charges. You can only do this once, and subsequent charges and arrests may lead to jail time.

Dewey P. Brinkley Will Defend You Against Drug Charges

A criminal defense attorney experienced in drug cases can defend you in court and protect your assets. Contact our Raleigh law office today at (919) 832-0307 for a free consultation. Dewey P. Brinkley is a former Wake County prosecutor who will make sure your rights are rights are respected and you receive a fair trial under the law.

Raleigh Defense Attorney Talks Drug Detox Programs as Part of an NC Sentence (Video)

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This is Part 30 of our weekly North Carolina Criminal Defense video blog: “Drug Detox Programs as Part of an NC Sentence“

Transcript:

Drug treatment court is a great program that we have here in Wake County. Basically, it involves the offender being on supervised probation, but it involves weekly meetings and counseling sessions. Part of the process is that if there are positive urine screens for drugs, that offender can spend the weekend in jail. They have their own sanctions. It’s a great program here in Wake County if you’re on probation.

Underage with Marijuana Charge – What Happens Now?

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Marijuana is still illegal in North Carolina. If you’re caught with even a small amount, you’ll be arrested and charged. If a juvenile has been charged with underage marijuana possession, the rules are a little different. Find out what happens when you’re underage with a marijuana charge below.

getting a marijuana charge

How Much Marijuana?

A lot will depend on the amount of marijuana the juvenile was arrested with. Was it enough for “recreational use,” or is there enough to constitute distribution? Is the minor using it with friends, arrested with others who were using it, or carrying an amount that may indicate distribution?

North Carolina considers a “small amount” to be a half-ounce or less, and calls it “simple possession of marijuana.” No jail time is involved for a first offense, and it is a misdemeanor, but there is a $200 fine. If you’re in possession of more than that, up to 1.5 ounces, it is still a misdemeanor, but carries  a $1,000 fine and up to 45 days in jail. If someone is caught with more than 1.5 ounces, up to 10 pounds, they‘ll be charged with a felony, given a $1,000 fine and spend as much as 8 months in jail.

A juvenile caught selling or trafficking marijuana will face harsher penalties and much higher fines.

The Juvenile Court System

North Carolina considers a “juvenile” as someone under the age of 16. They are usually relegated to the juvenile justice system for minor crimes, such as shoplifting, vandalism, underage drinking, and other criminal mischief. If a minor is charged with a more serious or violent crimes, they will likely be tried in the adult criminal court system.

While adults and juveniles are subject to the same laws, the court system treats them differently. North Carolina’s juvenile justice system is focused on punishment as well as rehabilitation before adulthood. Whether this is your child’s first (and hopefully only) brush with the law, or is considered “troubled,” we will make sure he or she is treated fairly and that the juvenile’s rights are respected.

The “delinquent” juvenile is one who has committed a crime, including traffic citations. The “undisciplined” juvenile is one who frequently misses school, runs away from home, has been caught in places they shouldn’t be (i.e., bars), and is not within the discipline of parents, custodians or guardians.

The Court Process For A Marijuana Charge

Unlike adult court, there isn’t a jury trial. The judge makes all the decisions in juvenile criminal cases.

Juvenile court judges have a broader selection of choices for younger offenders. Since the preferred outcome is rehabilitation, rather than incarceration, the judge can order the offender to attend drug counseling with his or her parents. Other options include:

·         Probation—similar to adult probation, the juvenile can be ordered to return to school, get a job (if he or she is old enough), perform community service, enroll in drug and/or family counseling, or a number of other conditions. Probation typically lasts six months or longer, and there may be a probation officer involved, but not always.

·         Diversion—another form of probation, with many of the same rules, but the juvenile does not have to go before the court. If he or she successfully completes diversion, the charges are in essence, dismissed. This option reserved for first-time offenders and is not available everywhere.

·         Detention—this is where the juvenile is incarcerated in “juvenile hall” or another type of confinement, and used for repeat offenders. Confinement may include placement with a foster family, juvenile home or a juvenile detention facility. Drug possession as the result of another crime is also a factor in a detention ruling. Depending on the seriousness of the charges, he or she may be required to stay until the 21st birthday, significantly impacting college admissions.

Many juvenile offenses can be expunged after a certain period, usually after probation, diversion or detention is completed. Until then, random drug testing, searches without warrants, electronic monitoring, and other restrictions may be placed on the individual for the duration.

One Mistake Can Last Forever

Underage marijuana charges can tarnish a teenager’s chances at college admissions, scholarships, financial aid, and military enlistment. It can limit the types of vocations they can pursue later, and show up on background checks for jobs, apartments and loans. Fortunately, first-time offenses can be expunged, or removed. An experienced juvenile criminal defense lawyer can help you through the process and explain the options.

Juvenile Criminal Defense in Raleigh

Dewey P. Brinkley is an experienced criminal defense attorney who can guide you and your child through the court process, defend your child against drug charges and work for a more reasonable sentence. Call the law offices of Dewey Brinkley today for a free initial consultation to discuss your child’s case at (919) 832-0307.