What We DoIn 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.
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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.
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.
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:
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.
Certified Criminal Law Specialist by North Carolina State Bar.
Tried over 250 criminal cases in local courts.
Knows prosecution strategies from time as Assistant District Attorney.
Direct, responsive service from start to finish by Brinkley himself.
4.9-star client reviews praise professionalism and case outcomes.
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Before founding our Criminal Defense Law Firm in Raleigh, Attorney Dewey P. Brinkley worked for almost three years in the Wake County District Attorney’s office, gaining in-depth experience handling domestic violence, misdemeanors and juvenile court offenses.
As a Raleigh Criminal Defense Lawyer, he handles serious felony charges, including armed robbery and attempted murder, as well as DWI, traffic tickets and violations and misdemeanors. Whatever charge you face, we can help.