For information on Federal Drug Laws, and a Raleigh Federal Drug Lawyer, click here.
North Carolina’s Drug crimes are harsh, and defense of these crimes requires a Raleigh, Apex, or Cary criminal lawyer familiar not only with the law, but with how 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. enforces the law. 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. has various office “policies” which govern how the various assistant district attorneys – the men and women who actually prosecute cases – can handle cases. Those policies change from time to time, but basically they govern whether the Raleigh 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 your case has any discretion in how to handle your case.
North Carolina’s drug crimes are all statutory crimes in Chapter 90, Article 5, of the North Carolina General Statutes. North Carolina’s drug crimes can either be misdemeanors or felonies. Simple possession of less than a half ounce of marijuana is a class 3 misdemeanor, which is the least serious level crime in North Carolina.
Trafficking in 28 grams or more of heroin, which requires proof that the person “knowingly”, “sold, manufactured, delivered, transported, or possessed OR conspired to sell manufacture, deliver transport or possess” opium, including heroin, and the quantity is 28 grams or more, the defendant is eligible for a Class C felony with a mandatory minimum sentence of 225 months 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.. That’s nearly 19 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. for about 1 pound of heroin.
Given the stiff penalties for trafficking – and trafficking doesn’t mean you have to be flying around in a Colombian – and the fact that those penalties have mandatory minimums, it’s easy to see how defendants can really get astronomical sentences for drug charges in Wake County, North Carolina.
In fact, these penalties are shocking to many people who come from New York. As I understand it, New York City prosecutors can give defendants 30 or 60 days of jail time for charges that in North Carolina will mean years and 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.. Simply saying, “But in New York they do it differently,” won’t help. You’re in North Carolina, where the drug laws are very strict.
The more common drug charges in North Carolina relate to obtaining prescription medication through forgery or fraud. That crime can be charged as a misdemeanor, or, if 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 “intent,” as a felony. Frequently the defendant will take a misdemeanor 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. to such charges, because the Wake County 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. will otherwise say she will prosecute the crime as a felony. And since “intent” is not difficult to show in many cases, the defendant may lose at trial and be 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 Class I felony.
Another common drug charge is possession with intent to sell or deliver. In order to convict on this crime, 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. must prove that the defendant possessed the controlled substanceA controlled substance is a chemical compound meant for human consumption that is regulated by the federal government or the states. The substances are categorized by 1 to 6 (I to VI). and intended to sell, manufacture, or deliver it. 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. doesn’t have to prove that the person ever sold anything. Just that the person intended to sell, manufacture or deliver it.
“Intent” can be proven by showing that amount was too much for one person’s personal use, or that it was packaged in several baggies. Simply finding 10 rocks of crack cocaine was not enough to find intent to sell or deliver. However, having 10 rocks in 10 separate baggies may be enough to convict.
I’ve seen many cases where the person had recently bought a few baggies of drugs, maybe some pot or crack, and where the police stopped him immediately after, and found a few baggies of pot on him, and charged HIM with 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.). Those cases can be defended, so it’s not hopeless. But it’s important to remember that the more baggies the drugs are in, the more likely the police will accuse the defendant of 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. and not a simple possession charge.
Finally, the most bizarre crime in North Carolina is the possession of counterfeit controlled substanceA controlled substance is a chemical compound meant for human consumption that is regulated by the federal government or the states. The substances are categorized by 1 to 6 (I to VI). with intent to sell or deliver. Here’s what happens. A snitchA 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., CI, or “confidential informant” working for the Raleigh Police Department (RPD) or the Wake County Sheriff’s Office (WCSO) or some other police agency goes up to some guy on the street and asks him for a couple of rocks. The guy (who becomes my client!) has nothing on him, but he wants to make a quick $50. So he tells the person that he’ll go “around the corner” to his stash to get some. He goes around the corner, picks up a few white/yellowish tiny stones, and comes back. The snitchA 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. (CI) gives him $50 in exchange for the “rocks” which are literally stones picked up off the ground, not drugs at all.
RPD swoops in, arresting the guy for either “sale or delivery of a counterfeit controlled substanceA controlled substance is a chemical compound meant for human consumption that is regulated by the federal government or the states. The substances are categorized by 1 to 6 (I to VI).” or “possession with intent to sell or deliver a counterfeit substance.” Obviously this is a nonsense crime. This is a crime where one guy has perhaps, at most, cheated the other guy out of $50 in exchange for some pebbles. Maybe it’s a kind of fraud. But it is not a drug crime.
But in Wake County, North Carolina, it may be charged as at least a Class I felony.
