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What We DoPeople hear the word trafficking and often assume the police are accusing them of running a large drug operation. In North Carolina, the charge can be much simpler. You can be arrested for trafficking because of the amount of a controlled substance police claim you possessed. There may be no accusation that you sold anything or crossed a state line.
The consequences are still severe. A conviction can bring a mandatory prison sentence, a large fine, and a felony record that follows you long after the case ends.
You may feel that explaining yourself will clear things up. It often does the opposite. Do not answer detailed questions, post about the arrest, or contact other people involved in the investigation before speaking with a defense lawyer. Contact a Raleigh drug trafficking lawyer for help right away.
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North Carolina bases many trafficking charges on weight. The law covers more than sales. Prosecutors may bring a trafficking charge based on possession, transportation, delivery, manufacture, or sale.
That can lead to an arrest in situations that do not resemble what most people think of as drug trafficking. Police may find a package in a car, apartment, hotel room, or storage unit used by several people. The fact that you were nearby does not automatically prove the drugs belonged to you.
Prosecutors may rely on constructive possession. In plain terms, they may argue that you knew the drugs were present and had the ability to control them, even if they were not in your pocket or your hand. The details surrounding where the drugs were found can become a major part of the case.
North Carolina drug trafficking convictions carry mandatory prison terms and fines. The sentence depends largely on the type of drug and its weight. A small difference in the reported amount can place the charge in a higher sentencing range.
A limited criminal record does not necessarily allow the judge to replace the required prison sentence with probation. Trafficking laws give judges less flexibility than many defendants expect.
The case can also disrupt your life before a trial. You may have trouble returning to work, renewing a professional license, finding housing, or traveling under your bond conditions. A conviction may create immigration consequences for someone who is not a United States citizen.
Do not assume an online penalty chart tells you what will happen. Your lawyer must review the exact charge, the alleged substance, the laboratory weight, and your criminal history.
Police and prosecutors will try to build a story from the evidence they collect. That story may involve the alleged drugs, but it may also rely on phone messages, cash, photographs, location data, surveillance footage, or what another person told investigators.
The first thing that your attorney should consider is the justification for your arrest. Why did they stop the car? What gave them authority to enter the home? Did the warrant cover the place or property they searched? When officers say you agreed to a search, the circumstances surrounding that conversation need attention.
Your attorney should examine how evidence was collected. Strict policies govern evidence collection, and any violation may result in the evidence being thrown out. The physical evidence also deserves close review. The defense should find out where the substance was stored, who handled it, and what was sent to the laboratory. The reported weight should match the evidence the state claims belongs to you.
A problem with the search, testing, weight, or evidence trail can affect whether prosecutors can prove the trafficking charge.
The defense should come from what actually happened, not from a standard argument used in every drug case.
The search itself may also be challenged. When police obtain evidence through an unconstitutional stop or search, your lawyer may ask the court to keep that evidence out of the case.
Recordings can be especially useful. A body camera video may not match the officer’s written description of the encounter. A complete text conversation may give a different impression than a few messages investigators select.
When you are arrested for drug trafficking, you should be proactive about building a defense. Evidence must be collected quickly, or it may disappear. Store cameras may erase footage. Phone records can become harder to obtain. People who witnessed the search may forget details or move away.
Early work gives your lawyer time to locate evidence while it still exists. It also allows for better preparation before a bond hearing, court date, plea discussion, or trial.
Avoid discussing the case with a confidential informant, codefendant, or witness. You do not know whether that person is cooperating with police or recording the conversation. Even a message meant to defend yourself could become evidence.
A trafficking charge is serious, but the accusation still has to be proven. The police report is not the final word on what happened.
At the Law Office of Dewey P. Brinkley, we can review the stop, search, laboratory testing, alleged weight, witness statements, and the claimed connection between you and the drugs. We will explain what the evidence shows and prepare for the Wake County court process.
Call us at (919) 832-0307 or fill out the online form after an arrest or when you learn that you are under investigation. The sooner we begin reviewing the case, the more opportunity we have to find evidence that may help your defense.
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.
Speak directly with Attorney Dewey Brinkley – 100% confidential and no obligation.