Tag Archives: drug crimes

Legal Options for Wake County Residents Charged With Drug Crimes

Charged with a drug crime in Wake County? Depending on a variety of factors, such as the actual drug crimes you were charged with, the circumstances surrounding the alleged offense, and other aggravating and mitigating factors, you could be facing a misdemeanor or a felony, punishable by large fines, incarceration, and other penalties.

Wake County Drug Crime Attorney | Legal Options for Drug Crimes

However, you do have legal options when charged with a drug crime, and you are allowed to defend the charges with the criminal defense representation of a Wake County drug crimes lawyer. At the Law Office of Dewey P. Brinkley, attorney Brinkley has defended many individuals charged with drug possession, distribution, and more.

For a free consultation regarding your charges and how we can help, call our Raleigh defense law firm today at 919-832-0307.

Types of Drug Crimes in North Carolina

Both federal and North Carolina laws cover and enforce many types of drug crimes. For most drug crimes in Wake County, however, it is state, county, or local police who arrest and charge Wake County residents with drug crimes. This means that you’ll be dealing with the State criminal justice system; if you were arrested on federal charges, your case will go through federal courts.

Some of the more common types of drug crimes include:

  • Drug Paraphernalia — Describes any piece of equipment used to prepare, inject, inhale, or conceal illegal drugs. It is a misdemeanor to possess drug paraphernalia (N.C.G.S. § 90-113.22), including bongs, a wide variety of pipes, rolling papers, and syringes.
  • Drug Possession — It is illegal in North Carolina to possess any illicit controlled substances, such as marijuana, cocaine, heroin, ecstasy, and so forth. Smaller amounts can result in less serious punishments, while larger amounts can result in more severe punishments.
  • Drug Manufacturing & Deliver — It is illegal in North Carolina to be involved in any step of the production process of an illegal drug. Manufacture of any drug is usually a felony. It is important to note that marijuana cultivation involves a much different penalty than, say, meth manufacturing.
  • Drug Trafficking — It is illegal in North Carolina to possess, transport or distribute (sell) large amounts of controlled substances. Drug trafficking requires a mandatory minimum jail sentence.Trafficking 10 to 50 pounds of weed can result in 25 to 30 months in prison, while trafficking 4 to 14 grams of heroin can result in 70 to 84 months in prison.
  • Drug Dealing — This refers to the selling of drugs on a smaller scale (compared to trafficking), and it can be a misdemeanor or felony depending on the type and quantity of drug.

It is also important to note that North Carolina law also makes it illegal to own a grow house, or maintaining a property used to drug manufacturing or distribution purposes.

What to Do If You’re Charged With a Drug Crime in North Carolina

If you or a loved one is charged with drug possession (or another drug crime) in North Carolina, there are going to be some important legal decisions that you need to make. Furthermore, it’s important to remember that, in North Carolina, if you are 16 years old or older, then you can be charged as an adult in our criminal justice system.

First offenders, however, do have the option for dismissal of certain drug charges; however, the First Offender program is often wasted by those who are innocent, by charges based on insufficient evidence, or those who are victims of illegal detentions, searches, and seizures.

Nonetheless, while you’re being arrested with a drug crime in North Carolina, it’s important to use your right to remain silent. If you believe that the police have acted wrongly, don’t fight the police on the scene. Instead, collect the names and addresses of witnesses and file a written record as soon as possible.

After the arrest, it’s best to consider your legal options and consult with your drug crimes defense lawyer.

Your Defense Attorney and Drug Crime Legal Process

If you’ve been charged with a drug crime in North Carolina, about 95 percent of the cases will have one of the following six outcomes:

  1. Not Guilty. If found not-guilty, the defendant has the right to an expungement to have the criminal record wiped clean of any indication of an arrest or a charge.
  2. Guilty. If found guilty, the judge will listen to the State and the Defense to determine sentencing.
  3. Plea Agreement With Cooperation. The State agrees to dismiss some of the charges or reduce punishment in exchange for a guilty plea and, possibly, “substantial assistance,” which as working with law enforcement in drug buys and phone calls, and possibly testifying against others involved in drug trade.
  4. Plea Agreement Without Cooperation.The State agrees to dismiss some of the charges or reduce punishment, but the defendant refuses to cooperate.
  5. Division or Deferral Program. In some cases, a person may be eligible to take part in a division or deferral program.
  6. Dismissed Charges. Sometimes, charges are dismissed for a variety of reasons.

Contact Wake County Drug Crimes Attorney Dewey Brinkley

If you are arrested for an alleged drug crime in North Carolina, the most important thing to remember is to stay calm and that you have rights. Secondly, following the arrest, you can count on Wake County drug crimes attorney Dewey Brinkley to provide a professional, vigorous legal defense. For a free consultation with attorney Brinkley, call our Wake County law firm today at 919-832-0307.

Can you be charged with drug possession even if there were no drugs on your person?

Raleigh Drug Crimes Attorney Dewey Brinkley

Can you be charged with drug possession even if there were no drugs on your person?

As they say, possession is 9/10 of the law, and if you are caught with drugs in your pocket, in your backpack, or someone on your person, the searching police officer will most likely arrest you for drug possession. However, what about the other 1/10 of the time, when an individual is arrested for drug possession even if there were no drugs on his/her person?

Constructive Drug Possession Raleigh NC | Dewey Brinkley Law

As strange as it sounds, these types of cases have occurred in the past, and if you were arrested and charged with drug possession even though there were no drugs on your person, it’s critical to contact the Law Office of Dewey P. Brinkley immediately. Drug crimes attorney Dewey Brinkley has represented individuals similar cases before, and with decades of criminal defense experience involving drug crimes, we are confident that we can offer your case the professionalism, diligence, and experience that you need.

If you were charged with drug possession, make sure to not hesitate. Call the Law Office of Dewey P. Brinkley at (919) 832-0307 today. Free consultations are available.

Actual Drug Possession and Constructive Drug Possession

There are many different types of drug charges in North Carolina, and when it comes to possession, most people think of the situation where police find drugs on an individual’s person. Actually, this situation is known as “simple possession” and personal possession. If the police think that you were going to sell the drugs, you may be charged with intent to distribute.

While most people are familiar with the above-mentioned drug crimes, they are less familiar with the difference between actual and constructive drug possession.

Actual possession is precisely what it sounds like: you were caught with actual possession of narcotics. The law enforcement must have actually found physical evidence on the arrestee’s person. In these cases, the question isn’t whether the arrestee is innocent or guilty, but whether the law enforcement officer had justifiable cause to conduct a search.

Constructive possession is less straightforward, as it doesn’t involve physical evidence found on a person. Instead, constructive drug possession requires two important components that, when put together, point to the possession of narcotics. These two factors include:

  • The defendant had knowledge of the drug’s physical whereabouts
  • The defendant must have had the ability to exercise authority and control over the drugs in question

Car Searches, Probable Cause, and Drugs That Aren’t Yours

Many drug possession cases that didn’t involve physical possession of a controlled substance involved car stops and searches. If police found drugs that didn’t belong to you in your car, you need to be diligent and start gathering as much information as possible. You may want to ask:

  • Who put the drugs in the car? Do you have a name, address, or proof or witnesses?
  • Do you have a theory as to why someone would hide drugs in your car?
  • Have you lent your car to anyone recently?
  • Is it even your car, or did you borrow it from someone else?

Unfortunately, if the police found drugs in your car, even if the drugs weren’t yours, you’re facing a fairly difficult case. The Wake County D.A. has heard this story thousands of times before, and this is why you need to gather evidence and get the help of a prominent and experienced drug crimes attorney as soon as possible. With Dewey P. Brinkley, one of the first things we’ll look for in this case is “probable cause.” Generally, officers cannot search your car unless they have some probable cause to do so.

Possible Defenses for Drug Possession Charges

In addition to the probable cause defense for drug possession cases, we at Dewey P. Brinkley will explore several other criminal defense strategies as they apply to your case. Because constructive possession is an abstract concept, these cases can be quite difficult to prosecute successfully. As mentioned above, the prosecution must prove that you had sufficient authority and proximity to “exercise dominion and control” over the narcotics.

Therefore, one potential defense is showing that you could not have controlled the drugs, whether you were unaware of their presence or were too physically distant to exercise control.

Call the Law Office of Dewey P. Brinkley Today

As a former Wake County Assistant District Attorney, drug crimes lawyer Dewey P. Brinkley understands the full extent of North Carolina drug laws. As such, if you were charged with drug possession, attorney Brinkley stands as your best legal representative who can help build a strong defense and aggressive defend your case in courts. For a free, no-obligation consultation with attorney Brinkley, call the Law Office of Dewey P. Brinkley in Raleigh at (919) 832-0307.