In June of 2009, the United States Supreme Court handed down the landmark Melendez-Diaz v. Massachusetts case, which turns on the Confrontation Clause of the Sixth Amendment which permits defendants to question all accusers at trial.

The Supreme Court ruled that it’s insufficient for the state merely to provide an affidavit. The state, in order to introduce evidence such as the results of lab tests, must provide the actual analyst so that the Defendant can have an opportunity to cross-examine the analyst.

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.

1. knowledge of the drug’s presence on or about your property and

2. the ability to maintain dominion and control over it.

More than one person might have constructive possession of a 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).. For instance, a single person may have control and dominion of an apartment in which a drug exists. Or several people may have control and dominion over that area.

If someone is in close proximity to the drug, then 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. might be able to prove actual possession. Constructive possession would not apply.

What is Considered “Knowledge”?

Knowledge has two parts:

The defendant must know that the substance is on or around his or her property. This knowledge does not have to be actual, but for instance, if you allow drug dealers to use your home and operate out of your home, you may have constructive knowledge of the drug even if you actually didn’t see it with your own eyes.

In addition, you must know or should know that the drug is illegal. So, if the drug dealers are dealing in cocaine, you know or should know that cocaine is illegal.

What is Considered the “Ability to Maintain Dominion and Control”?

The ability to maintain dominion and control means the ability to have access to the drug. For instance, you may not have physically handled the drug. But if the drug is in a cabinet in a home you own, then you have dominion and control.

If, however, you rent out the home to another group of people, you may lack dominion and control because the lease gives the renters dominion and control of the property you own during the term of the lease.

Exclusive Occupancy

If you are the sole occupant of the home or car where a 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). is found, your exclusive occupancy is often enough to evidence your ability to exercise control over the substance and your knowledge of its presence.

Non-Exclusive Occupancy

If you are not the sole occupant of the home or car, possession is slightly more difficult to prove. Where there is more than one occupant, there must be additional evidence, such as incriminating facts or circumstances, that shows both knowledge and control.

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.