Police conducted a warrantless dog sniff test by a dog trained in drug detection at Joelis Jardines’ home five years ago. The police had received an unverified tip that Jardines’ home was being used to grow marijuana. Under well established constitutional law, the unverified tip did not create probable causeProbable cause is the standard of…
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If you’ve been arrested for a drug crime in North Carolina, it’s possible for you to be charged under a number of different statutes: Misdemeanor Drug Laws Felony Drug Laws Felony Drug TraffickingDrug trafficking is the possession, sale, or distribution of larger quantities of certain controlled substances. In North Carolina, all 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 have…
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Earlier this year, North Carolina banned bath salts and synthetic marijuana after media reports suggesting an increase in deaths as a result of overdoses. The reports were overblown – overdoses have been rare. 4-methylmethcathinone (also known as mephedrone, sold as “Plant food”): – Class I Felony 3,4-Methylenedioxypyrovalerone (also known as MDPV, sold as “Bath Salts”);…
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Many people assume that, upon an arrest for a drug crime, they will be convictedA 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. is a formal finding by a court – either following a trial by a judge or 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. or following the entry of a pleaA 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. agreementA 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. agreement is usually a negotiated agreement between the defendant (through his lawyer)…
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In State v. Ward, the North Carolina Supreme Court held that North Carolina’s prosecutors cannot rely upon a visual examination of alleged drugs to show to a finder of fact – a juryA 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. may be either a grand 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. or a petit 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.. A grand 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. is a 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 determines whether there is…
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I have had clients accused of possessing synthetic drugs – known, alternatively as plant food, Spice, K-2, incense, and bath salts. One was disciplined by a military court which, before North Carolina enacted its new law, imposed punishments for possession of Spice, a kind of fake marijuana. Now North Carolina has gotten into the act,…
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Radley Balko has an excellent post on the very violent culture in which we live: a culture in which various governments across the United States conduct something like 100 militarized raids each day in the war on drugs. Certainly, drug addiction is a serious problem. But the overall approach which criminalizes the sale of drugs,…
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North Carolina uses a structured sentencingStructured sentencing replaced Fair Sentencing in 1994. It created a felony sentencing chart and a misdemeanor sentencing chart in which most, but not all, punishments are imposed according to the level of the crime, and the individual’s prior record level. system for most of its criminal law. This system is…
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If you’ve been accused of trafficking, drug traffickingDrug trafficking is the possession, sale, or distribution of larger quantities of certain controlled substances. In North Carolina, all 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 have mandatory minimum sentences., or federal drug traffickingDrug trafficking is the possession, sale, or distribution of larger quantities of certain controlled substances. In North Carolina, all drug…
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Whether you’ve been charged with having drugs Raleigh at a Widespread Panic concert, prescription drugs unlawfully in your home or dorm room, or you’ve been charged with trafficking in 500 pounds of marijuana or 6 kilos of cocaine, Raleigh drug charges can result in serious consequences for you and your family. If this is your…
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