The drug laws in North Carolina are some of the most complicated and severe in the country. Whether someone is accused of possessing a small amount of marijuana or trafficking prescription pills, they need qualified and aggressive representation. To provide an effective defense to a drug charge, an attorney must understand and identify Constitutional issues related to unlawful or unreasonable searches of their client's person, automobile or home. Secondly, they must understand the science behind the prosecution's identification techniques, whether it be through laboratory or visual identification. Understanding and applying these and other issues to your unique facts and circumstances can often be the deciding factor in a case.
When the case involves drug possession, there may be remedies that can allow for an eventual expunction of your case, even if convicted. Changes in the law that took effect December 1, 2011, allow for a "90-96 judgment" even in cases involving felony drug possession. Furthermore, for individuals with a clean record accused of minor drug offenses, it is not uncommon to be able to negotiate a deferred prosecution in many circumstances. A Deferred Prosecution allows for a resolution in your case without a conviction.
Serious Drug Offenses in North Carolina can carry startling active sentences. Prescription pills can often contain a "trafficking" amount, even when very few pills are possessed. A trafficking conviction requires mandatory active terms in the Department of Corrections. Even if one doesn't receive an active sentence, a felony conviction can have a lasting affect on your freedoms and ability to find quality employment.
If you have been accused of any of these offenses, we recommend that you contact a lawyer at Melrose, Seago & Lay before speaking to anyone. We offer free consultation and case evaluations.