As a result of the hysteria in the 1980s over crack violence and crack babies and the crack epidemic, Congress decided to punish the possession, sale, or trafficking in crack cocaine much more harshly that the possession, sale, or distribution of powder cocaine.

Now some sanity has been restored to federal drug sentencing guidelines – although they remain very punitive and much too harsh for a civilized society.

Since crack cocaine has plagued the African-American community more than other communities, African-Americans were punished much more harshly than people of other backgrounds. This racial disparity was certainly in the minds of the Federal Sentencing Guidelines commission which, following the Fair Sentencing Act of 2010, has now approved procedures which will reduce the sentences of more than 12,000 Americans who have been punished unduly harshly for possession of crack cocaine.

According to the Los Angeles Times:

About 12,000 federal prisoners nationwide may soon be going home, some as much as three years early, under a U.S. Sentencing Commission decision to allow retroactive reductions in prisonA prison is a facility, operated by the Department of CorrectionsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of PrisonsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of Prisons in the federal system, where an offender is sent to serve an active prison sentence of some length. in the federal system, where an offender is sent to serve an active prison sentence of some length. in North Carolina or the Bureau of PrisonsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of Prisons in the federal system, where an offender is sent to serve an active prison sentence of some length. in the federal system, where an offender is sent to serve an active prison sentence of some length. terms for inmates convictedA conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. - of guilt. of crack cocaine offenses. The commission voted unanimously Thursday to bring “unfairly long sentences” for crack offenders, mostly African Americans, more in line with the shorter terms given to powder cocaine offenders, often white and sometimes affluent.

But the overall approach which criminalizes the sale of drugs, which places people in jail for the purchase or use of drugs, and which dissuades people from seeking help and treatment has failed for the past 30 years.

That’s because North Carolina drug traffickingDrug trafficking is the possession, sale, or distribution of larger quantities of certain controlled substances. In North Carolina, all drug trafficking laws have mandatory minimum sentences. laws are based on the weight of the drugs (or number of pills or dosage units) found. If the weights or volume exceeds certain limits, you will face tougher penalties.

Federal drug traffickingDrug trafficking is the possession, sale, or distribution of larger quantities of certain controlled substances. In North Carolina, all drug trafficking laws have mandatory minimum sentences. laws operate in much the same way, with mandatory minimum laws based on the weight or volume of the drugs that were allegedly being trafficked.

By requesting that authorities re-weigh the drugs – especially if the amount initially came in at a weigh that was on the border between a higher and lower trafficking level – may result in substantially less criminal liability.

If this is your first time offense, and there is no good defense to the charges, and the amount of drugs is small, you may be eligible for a felony drug diversionDrug diversion may be a way for a defendant to avoid a criminal record by either participating in drug treatment, completing community service, or both. Drug diversion is available in felony and misdemeanor cases. In misdemeanor cases, community services is usually not imposed. In felony cases, a defendant may be required to perform as much as 225 hours of community service to successfully complete. Diversion generally results in a dismissal of the original charges. or misdemeanor drug diversionDrug diversion may be a way for a defendant to avoid a criminal record by either participating in drug treatment, completing community service, or both. Drug diversion is available in felony and misdemeanor cases. In misdemeanor cases, community services is usually not imposed. In felony cases, a defendant may be required to perform as much as 225 hours of community service to successfully complete. Diversion generally results in a dismissal of the original charges. (90-96Drug diversionDrug diversion may be a way for a defendant to avoid a criminal record by either participating in drug treatment, completing community service, or both. Drug diversion is available in felony and misdemeanor cases. In misdemeanor cases, community services is usually not imposed. In felony cases, a defendant may be required to perform as much as 225 hours of community service to successfully complete. Diversion generally results in a dismissal of the original charges. may be a way for a defendant to avoid a criminal record by either participating in drug treatment, completing community service, or both. Drug diversionDrug diversion may be a way for a defendant to avoid a criminal record by either participating in drug treatment, completing community service, or both. Drug diversion is available in felony and misdemeanor cases. In misdemeanor cases, community services is usually not imposed. In felony cases, a defendant may be required to perform as much as 225 hours of community service to successfully complete. Diversion generally results in a dismissal of the original charges. is available in felony and misdemeanor cases. In misdemeanor cases, community services is usually not imposed. In felony cases, a defendant may be required to perform as much as 225 hours of community service to successfully complete. Diversion generally results in a dismissal of the original charges.) program. These programs are offered by the Wake County District AttorneyA District Attorney is the represented of the State, usually elected by the people of a judicial district, to prosecute crimes on behalf of the State. The Wake County District Attorney is Colon Willoughby, Jr. A District Attorney usually has a staff, including assistant district attorneys who are the actual prosecutors who handle most of the day-to-day caseload. and administered through Southlight, an addiction treatment program in Wake County.

You should hire a competent, qualified Raleigh drug lawyer to make sure that at every step in the process your rights are protected, and that, if you successfully complete the program, the charges and record of the arrest can be wiped clean (expunged) from your record.

If you’ve been charged with drug manufacturing, selling drugs, possession with intent to sell and deliverPWISD is a felony crime in North Carolina where no drugs have necessarily been sold, but where sufficient quantities are stored, packaged, labeled, or presented in such a way that they are apparently meant for sale. (PWISDPWISD is a felony crime in North Carolina where no drugs have necessarily been sold, but where sufficient quantities are stored, packaged, labeled, or presented in such a way that they are apparently meant for sale.), maintaining a dwelling, or drug traffickingDrug trafficking is the possession, sale, or distribution of larger quantities of certain controlled substances. In North Carolina, all drug trafficking laws have mandatory minimum sentences. crime, you absolutely need legal representation to help you defend against these charges.

That’s because crimes involving drug sales, or possession with intent to sell are felonies, which can result in serious consequences, including life-long  prohibition against owning guns or ammunition, especially when it comes to your future employment, your ability to remain out of jail, and other aspects important in your life.

And if you’ve been charged with drug traffickingDrug trafficking is the possession, sale, or distribution of larger quantities of certain controlled substances. In North Carolina, all drug trafficking laws have mandatory minimum sentences., you need to talk to a lawyer who understands how both the state drug traffickingDrug trafficking is the possession, sale, or distribution of larger quantities of certain controlled substances. In North Carolina, all drug trafficking laws have mandatory minimum sentences. laws work and also how to defend you in federal court. That’s because the federal government – through the United States Attorney for the Eastern District of North Carolina (EDNC) – will frequently take cases “federal,” which can result in substantially harsher sentences.

It is important, whether the drugs are heroin, ecstacy, cocaine, oxycodone, oxycontin, marijuana, meth, methamphetamines or other kinds of drugs that you or your family get the advice of a serious drug lawyer Raleigh to help defend you against these charges.

Misdemeanor PDP is a Class 1 misdemeanor in North Carolina. See NCGS 90-113.22. It is illegal to possess paraphernalia that enables the following: planting marijuana, propagating marijuana, growing marijuana, harvesting marijuana, packing marijuana, storing marijuana, concealing marijuana, or ingesting marijuana.

Since possession of drug paraphernalia is a Class 1 misdemeanor, it is punishable by up to 120 days in incarceration, depending on someone’s prior record level.

As defined in the statute NCGS 90-113.21, paraphernalia is anything that is used for using the drug, selling the drug, transporting the drug, or hiding the drug can count as drug paraphernalia. Looking at these categories, pipes, bongs, gravity bongs, hookahs, bowls, and other items such as joint papers, unrolled cigars, unrolled black and milds, can all constitute PDP. Paraphernalia for selling and storing marijuana can include laundry bins, storage sheds, and plastic baggies. Scales and other items count as drug paraphernalia in terms of selling and trafficking marijuana.

Sometimes when someone is arrested for simple possession of marijuana or simple marijuana possession, the police will charge the person with PDP just for the little bag that the marijuana was held in.

If you’ve been charged with possession of drug paraphernalia, you should consider whether you might qualify for a First Offender program, which would allow you to complete a drug class and hopefully win a dismissalA dismissal may occur upon a motion by a party, or by the prosecutor. A voluntary dismissal is a true dismissal where the charges are no longer pending. A dismissal with leave, also known as a VLA dismissal may occur upon a motion by a party, or by the prosecutor. A voluntary dismissal is a true dismissal where the charges are no longer pending. A dismissal with leave, also known as a VL, is a method of the prosecutor places the case into a holding pattern, usually because the defendant has failed to come to court on an assigned court date., is a method of the prosecutor places the case into a holding pattern, usually because the defendant has failed to come to court on an assigned court date. of the charge.

Misdemeanor possession of drug paraphernalia is a Class 1 misdemeanor in North Carolina. See NCGS 90-113.22. It is illegal to possess paraphernalia that enables the following: planting marijuana, propagating marijuana, growing marijuana, harvesting marijuana, packing marijuana, storing marijuana, concealing marijuana, or ingesting marijuana.

Since possession of drug paraphernalia (meth, weed, cocaine, crack, heroin, pot) is a Class 1 misdemeanor, it is punishable by up to 120 days in incarceration, depending on someone’s prior record level.

As defined in the statute NCGS 90-113.21, paraphernalia is anything that is used for using the drug, selling the drug, transporting the drug, or hiding the drug can count as drug paraphernalia. Looking at these categories, pipes, bongs, gravity bongs, hookahs, bowls, and other items such as joint papers, unrolled cigars, unrolled black and milds, can all constitute drug paraphernalia. Paraphernalia for selling and storing marijuana can include laundry bins, storage sheds, and plastic baggies. Scales and other items count as drug paraphernalia in terms of selling and trafficking marijuana.

Sometimes when someone is arrested for simple possession of marijuana or simple marijuana possession, the police will charge the person with possession of drug paraphernalia just for the little bag that the marijuana was held in.

That means that if you’re caught with enough drugs in your possession, you will likely be charged with trafficking or conspiracy to traffic in drugs. Depending on the quantities and the kind of drugs – LSD, heroin, cocaine, meth, and so forth – you could be serving anywhere from 5 to 7 years all the way up to 20 years in prisonA prison is a facility, operated by the Department of CorrectionsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of PrisonsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of Prisons in the federal system, where an offender is sent to serve an active prison sentence of some length. in the federal system, where an offender is sent to serve an active prison sentence of some length. in North Carolina or the Bureau of PrisonsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of Prisons in the federal system, where an offender is sent to serve an active prison sentence of some length. in the federal system, where an offender is sent to serve an active prison sentence of some length..

Those sentences are mandatory, meaning that the judge may not depart from the sentencing guidelines. That means that you will absolutely be serving the minimum sentence, regardless of how many family members show up to say you’re a great person.

However, there is one important exception to the mandatory minimum rule. That exception is that if the judge finds you have provided “substantial assistanceA defendant may reduce penalties or avoid convictionA conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. - of guilt. altogether by providing authorities with information related to criminal activity. Substantial assistance is a common feature of drug cases. Substantial assistance should only be given with the advice of a defense lawyer, since cooperationA defendant may reduce penalties or avoid convictionA conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. - of guilt. altogether by providing authorities with information related to criminal activity. Substantial assistance is a common feature of drug cases. Substantial assistance should only be given with the advice of a defense lawyer, since cooperation given without a defense lawyer's input may not be honored by police or prosecutors when the case is resolved. given without a defense lawyer's input may not be honored by police or prosecutors when the case is resolved.” to police following your arrest, the judge may depart from the sentencing guidelines, and give you a much reduced punishment.

What is substantial assistanceA defendant may reduce penalties or avoid convictionA conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. - of guilt. altogether by providing authorities with information related to criminal activity. Substantial assistance is a common feature of drug cases. Substantial assistance should only be given with the advice of a defense lawyer, since cooperationA defendant may reduce penalties or avoid convictionA conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. - of guilt. altogether by providing authorities with information related to criminal activity. Substantial assistance is a common feature of drug cases. Substantial assistance should only be given with the advice of a defense lawyer, since cooperation given without a defense lawyer's input may not be honored by police or prosecutors when the case is resolved. given without a defense lawyer's input may not be honored by police or prosecutors when the case is resolved.? Substantial assistanceA defendant may reduce penalties or avoid convictionA conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. - of guilt. altogether by providing authorities with information related to criminal activity. Substantial assistance is a common feature of drug cases. Substantial assistance should only be given with the advice of a defense lawyer, since cooperationA defendant may reduce penalties or avoid convictionA conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. - of guilt. altogether by providing authorities with information related to criminal activity. Substantial assistance is a common feature of drug cases. Substantial assistance should only be given with the advice of a defense lawyer, since cooperation given without a defense lawyer's input may not be honored by police or prosecutors when the case is resolved. given without a defense lawyer's input may not be honored by police or prosecutors when the case is resolved. is the eyes of the police, but basically it means you have helped in the telling them who, where, what, and how you got the drugs and how the trafficking worked. If you provide that kind of help to the police, you may be eligible for a reduced drug trafficingDrug trafficking is the possession, sale, or distribution of larger quantities of certain controlled substances. In North Carolina, all drug trafficking laws have mandatory minimum sentences. sentence.

What does this mean to you? First, you need a Raleigh drug lawyer or drug lawyer Raleigh who is going to work hard on every aspect of the case, from making sure that the police do have evidence to convict you, to making sure that the quantities of drugs are enough to meet the traffickings tatute.

Second, you need a drug lawyer Raleigh who is going to work hard to make sure that you get the best deal available. These are very serious charges.

Third, you need a drug lawyer who is going to protect your safety. Giving “substantial assistanceA defendant may reduce penalties or avoid convictionA conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. - of guilt. altogether by providing authorities with information related to criminal activity. Substantial assistance is a common feature of drug cases. Substantial assistance should only be given with the advice of a defense lawyer, since cooperationA defendant may reduce penalties or avoid convictionA conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. - of guilt. altogether by providing authorities with information related to criminal activity. Substantial assistance is a common feature of drug cases. Substantial assistance should only be given with the advice of a defense lawyer, since cooperation given without a defense lawyer's input may not be honored by police or prosecutors when the case is resolved. given without a defense lawyer's input may not be honored by police or prosecutors when the case is resolved.” may open you up to other risks, and you need a North Carolina drug lawyer who is going to make sure that your assistance is going to be kept a secret, and that you will be protected from harm.

Ultimately, the decision on whether to give assistance is up to you. I will tell you your options. I will tell you the risks and benefits of giving assistance. I will explain what might happen in terms of your sentence if you don’t give assistance.

But I will always work for your interest. To protect you and your life from further harm as much as I can.

Conditions of the Felony Drug DiversionDrug diversion may be a way for a defendant to avoid a criminal record by either participating in drug treatment, completing community service, or both. Drug diversion is available in felony and misdemeanor cases. In misdemeanor cases, community services is usually not imposed. In felony cases, a defendant may be required to perform as much as 225 hours of community service to successfully complete. Diversion generally results in a dismissal of the original charges. Program

1. No prior diversion programs.
   
2. No prior felony convictions.
   
3. Felony Possession charge, PWISDPWISD is a felony crime in North Carolina where no drugs have necessarily been sold, but where sufficient quantities are stored, packaged, labeled, or presented in such a way that they are apparently meant for sale. does not qualify.

Requirements of the Felony Drug DiversionDrug diversion may be a way for a defendant to avoid a criminal record by either participating in drug treatment, completing community service, or both. Drug diversion is available in felony and misdemeanor cases. In misdemeanor cases, community services is usually not imposed. In felony cases, a defendant may be required to perform as much as 225 hours of community service to successfully complete. Diversion generally results in a dismissal of the original charges. Program

1. Quasi ProbationProbation may be either unsupervised or supervised. Unsupervised probation generally simply requires the person stay out of trouble for a specified period. If the person violates probation (perhaps by committing a new crime) the person may be required to serve an active sentence. Supervised probation requires the person to check in with a probation officer, and may have additional requirements. for minimum of 12 months – will need to check in with a probationProbation may be either unsupervised or supervised. Unsupervised probation generally simply requires the person stay out of trouble for a specified period. If the person violates probation (perhaps by committing a new crime) the person may be required to serve an active sentence. Supervised probation requires the person to check in with a probation officer, and may have additional requirements. officer periodically.
   
2. Complete 225 hours of community service within probationary period.
   
3. Complete an assessment and a drug treatment program.
   
4. Pay the costs of the program of about $600 (depending on the current costs of court).
   
5. Write out a confession (in some cases).
   
6. Not get into trouble during the year-long period.
   
7. Other requirements as imposed by judge, or at request of DA.
   

Liabilities of the Felony Drug DiversionDrug diversion may be a way for a defendant to avoid a criminal record by either participating in drug treatment, completing community service, or both. Drug diversion is available in felony and misdemeanor cases. In misdemeanor cases, community services is usually not imposed. In felony cases, a defendant may be required to perform as much as 225 hours of community service to successfully complete. Diversion generally results in a dismissal of the original charges. Program

1. You will have a pending felony on your record during the entire period of probationProbation may be either unsupervised or supervised. Unsupervised probation generally simply requires the person stay out of trouble for a specified period. If the person violates probation (perhaps by committing a new crime) the person may be required to serve an active sentence. Supervised probation requires the person to check in with a probation officer, and may have additional requirements..
   
2. If you are convictedA conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. - of guilt. of another crime committed during the probationProbation may be either unsupervised or supervised. Unsupervised probation generally simply requires the person stay out of trouble for a specified period. If the person violates probation (perhaps by committing a new crime) the person may be required to serve an active sentence. Supervised probation requires the person to check in with a probation officer, and may have additional requirements. period, you will automatically have been convictedA conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. - of guilt. of the Felony Drug charges you admitted to as part of this program.
   
3. You can apply for an expunctionAn expungement is a request by an individual to have his or her criminal record wiped clean of any indication of an arrest or conviction. NC allows only limited forms of expungement. – which will remove this from your record – only upon successful completion of the program and only after about a 6 month period after probationProbation may be either unsupervised or supervised. Unsupervised probation generally simply requires the person stay out of trouble for a specified period. If the person violates probation (perhaps by committing a new crime) the person may be required to serve an active sentence. Supervised probation requires the person to check in with a probation officer, and may have additional requirements. ends.

Currently, Wake County’s 90-96Drug diversionDrug diversion may be a way for a defendant to avoid a criminal record by either participating in drug treatment, completing community service, or both. Drug diversion is available in felony and misdemeanor cases. In misdemeanor cases, community services is usually not imposed. In felony cases, a defendant may be required to perform as much as 225 hours of community service to successfully complete. Diversion generally results in a dismissal of the original charges. may be a way for a defendant to avoid a criminal record by either participating in drug treatment, completing community service, or both. Drug diversionDrug diversion may be a way for a defendant to avoid a criminal record by either participating in drug treatment, completing community service, or both. Drug diversion is available in felony and misdemeanor cases. In misdemeanor cases, community services is usually not imposed. In felony cases, a defendant may be required to perform as much as 225 hours of community service to successfully complete. Diversion generally results in a dismissal of the original charges. is available in felony and misdemeanor cases. In misdemeanor cases, community services is usually not imposed. In felony cases, a defendant may be required to perform as much as 225 hours of community service to successfully complete. Diversion generally results in a dismissal of the original charges. programs are managed by Southlight, a private drug and alcohol treatment service that has offices in the Wake County CourthouseThe Wake County Courthouse is located at 316 Fayetteville Street, Raleigh, NC 27601. Parking is available on the street or in nearby parking garages..

The United States Constitution says that defendants have the right to confront witnesses who testify against them.  This is the general constitutional rule that prevents hearsay in criminal cases.  Hearsay is, briefly, an out-of-court statement that a party (either the defendant or the prosecutorA District Attorney is the represented of the State, usually elected by the people of a judicial district, to prosecute crimes on behalf of the State. The Wake County District Attorney is Colon Willoughby, Jr. A District Attorney usually has a staff, including assistant district attorneys who are the actual prosecutors who handle most of the day-to-day caseload. in a criminal case) wishes to introduce to prove the fact of the matter. 

In many cases, hearsay can be avoided by simply having the person come into court, be sworn, and testify.  But what happens when the person is “unavailable.”  For 20 years, the Supreme Court held that if the person is “unavailable,” but the out of court statement that a party wishes to introduce has “adequate indicia of reliability” or has “particularized guarantees of trustworthiness,” then the out of court statement may be introduced under a hearsay exception.

That meant that a lot of out-of-court statements were generally admitted into court where witnesses were unavailable at trial because courts frequenlty found that there was “adequate indicia of reliability.”

In 2004, the Supreme Court changed the rule in Crawford v. Washington.  It said, instead, that the Constitution guarantees a criminal defendant the right to confront witnesses against him.  Therefore, if the out of court statement was a “testimonial” statement, then it could not be admitted if the defendant did not have the opportunity to cross-examine the person.

But the Supreme Court did not define what were testimonial and what were non-testimonial statements.  In a subsequent case, Davis v. Washington, the Supreme Court said that statements made by a victim during a 911 call were not testimonial, and therefore could be admitted by the prosecutorA District Attorney is the represented of the State, usually elected by the people of a judicial district, to prosecute crimes on behalf of the State. The Wake County District Attorney is Colon Willoughby, Jr. A District Attorney usually has a staff, including assistant district attorneys who are the actual prosecutors who handle most of the day-to-day caseload. against the defendant even though the defendant had had no prior opportunity to cross examine the victim.

This year the Supreme Court has decided another important Confrontation Clause case in Melendez-Diaz v. Massachusetts. The case involved Melendez-Diaz who was convictedA conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. - of guilt. of distributing and trafficking in crack cocaine.  He had been arrested in 2001.  At his trial, crime lab reports were admitted.  They dealt with substances taken from one of the men arrested at the scene and from the back seat of a police cruiser.  The trial judge told the juryA jury may be either a grand jury or a petit jury. A grand jury is a jury that determines whether there is probable cause to believe the defendant committed a crime. The result is an indictmentAn indictment is a finding by a grand jury that there is probable cause to believe the defendant committed a crime. An indictment is not a finding of guilt. An indictment, rather, is a method by which a prosecutor moves a case into Superior Court for resolution by plea or trial by jury. that sends the case into Superior Court, perhaps for a jury trial. A petit jury or simply a jury is the jury of 12 people who have been selected to hear and render a verdict in a case. that it could rely on the chemist’s reports as proof that the substance seized contained cocaine. However, no scientist or expert testified as to having performed the tests, or having written the report.

The Supreme Court ruled that such reports were testimonial, and as such were out-of-court statements inadmissible as hearsay unless the state provided the expert who had conducted the underlying test.

The result of this rule is two-fold.  First, it creates a requirement that the state provide the actual scientist to testify about the contents of the report.  Second, in lieu of that requirement, it allows the state to use a “notice-and-demand” statute that permits the state to alert the defendant that it intends to submit a lab report as evidence at trial. In that case, the defendant has the option to raise an objection to the admission of the report, which would allow the state time to bring the expert to court to testify.

North Carolina has applied the Supreme Court’s new rule in State v. Galindo (pdf).  The defendant in Galindo had been convictedA conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. - of guilt. of trafficking, but while the laboratory supervisor testified, the actual scientist who had weighed the cocaine did not testify.  As a result, the NC Court of Appeals has held the state violated the U.S. Constitution’s Confrontation Clause.

Whether it’s because you have or your child has been charged with a misdemeanor possession charge, or a misdemeanor paraphernalia charge, or maybe because of a Possession With Intent to Sell or Deliver (PWISDPWISD is a felony crime in North Carolina where no drugs have necessarily been sold, but where sufficient quantities are stored, packaged, labeled, or presented in such a way that they are apparently meant for sale.) or Trafficking charge, you need a lawyer who can litigate all aspects of your case.

If you want more information on NC Drug Laws as they’re prosecuted by the Wake County District AttorneyA District Attorney is the represented of the State, usually elected by the people of a judicial district, to prosecute crimes on behalf of the State. The Wake County District Attorney is Colon Willoughby, Jr. A District Attorney usually has a staff, including assistant district attorneys who are the actual prosecutors who handle most of the day-to-day caseload., visit this page.

If it’s a misdemeanor charge, and you have not yet had other drug charges, you may be eligible for a diversion program, treatment, or a prayer for judgment continuedA PJC is a request (and decision by a judge) not to impose judgment following conviction. A PJC does not avoid a conviction, but may avoid some of the consequences of a conviction. A PJC has virtually no use in a criminal case, but may be used in a traffic case to avoid various DMV- or insurance-related penalties from a traffic infraction or misdemeanor., which would enable you either to escape a convictionA conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. - of guilt. entirely or, in the case of a PJCA PJC is a request (and decision by a judge) not to impose judgment following conviction. A PJC does not avoid a conviction, but may avoid some of the consequences of a conviction. A PJC has virtually no use in a criminal case, but may be used in a traffic case to avoid various DMV- or insurance-related penalties from a traffic infraction or misdemeanor., to not be punished for a convictionA conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. - of guilt..

If it’s a NC felony drug charge, you need a Raleigh drug attorney who can make sure that the prosecutorA District Attorney is the represented of the State, usually elected by the people of a judicial district, to prosecute crimes on behalf of the State. The Wake County District Attorney is Colon Willoughby, Jr. A District Attorney usually has a staff, including assistant district attorneys who are the actual prosecutors who handle most of the day-to-day caseload. can prove all elements of the case, including:

• the search of your car or home was valid,
• that the prosecutorA District Attorney is the represented of the State, usually elected by the people of a judicial district, to prosecute crimes on behalf of the State. The Wake County District Attorney is Colon Willoughby, Jr. A District Attorney usually has a staff, including assistant district attorneys who are the actual prosecutors who handle most of the day-to-day caseload. can prove you were in possession of the drugs,
• that the tip from a CI or other information was reliable, justifying the search
• that the drugs have been properly tested by a drug recognition expert,
• that the drugs have been properly weighed.

Since NC drug laws are very harsh, and since the Wake County District AttorneyA District Attorney is the represented of the State, usually elected by the people of a judicial district, to prosecute crimes on behalf of the State. The Wake County District Attorney is Colon Willoughby, Jr. A District Attorney usually has a staff, including assistant district attorneys who are the actual prosecutors who handle most of the day-to-day caseload. prosecutes drug laws vigorously, you need a Raleigh, Cary or Apex drug lawyer who can make sure that every legal defense has been raised to protect you against convictionA conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. - of guilt..

In addition, you need a Raleigh drug lawyer who can make sure that any eligible NC drug diversionDrug diversion may be a way for a defendant to avoid a criminal record by either participating in drug treatment, completing community service, or both. Drug diversion is available in felony and misdemeanor cases. In misdemeanor cases, community services is usually not imposed. In felony cases, a defendant may be required to perform as much as 225 hours of community service to successfully complete. Diversion generally results in a dismissal of the original charges. or drug treatment programs are available to you if this is available in your case.

Finally, you need a Raleigh drug lawyer who will ensure that your safety is protected throughout the process.

Call me at (919) 352-9411.  Confidential, free initial phone call.