<?xml version="1.0" encoding="UTF-8"?>
<rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:wfw="http://wellformedweb.org/CommentAPI/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
	xmlns:slash="http://purl.org/rss/1.0/modules/slash/"
	>

<channel>
	<title>the chetson firm, pllcraleigh drug lawyer | The Chetson Firm, PLLC &#8211; Aggressive, Professional Raleigh Criminal Lawyers</title>
	<atom:link href="http://www.chetson.com/tag/raleigh-drug-lawyer/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.chetson.com</link>
	<description>A caring Raleigh Criminal Lawyer who aggressively defends people in state and federal courts accused of serious felonies, misdemeanors, and Driving While Impaired charges.</description>
	<lastBuildDate>Sun, 05 Feb 2012 21:51:08 +0000</lastBuildDate>
	<language>en</language>
	<sy:updatePeriod>hourly</sy:updatePeriod>
	<sy:updateFrequency>1</sy:updateFrequency>
	<generator>http://wordpress.org/?v=3.3.1</generator>
		<item>
		<title>Warrantless Dog Sniffs in Drug Cases</title>
		<link>http://www.chetson.com/2012/01/3650/</link>
		<comments>http://www.chetson.com/2012/01/3650/#comments</comments>
		<pubDate>Sun, 15 Jan 2012 22:20:05 +0000</pubDate>
		<dc:creator>Damon Chetson</dc:creator>
				<category><![CDATA[Raleigh Criminal Lawyer Advice]]></category>
		<category><![CDATA[raleigh drug lawyer]]></category>

		<guid isPermaLink="false">http://www.chetson.com/?p=3650</guid>
		<description><![CDATA[Police conducted a warrantless dog sniff test by a dog trained in drug detection at Joelis Jardines&#8217; home five years ago. The police had received an unverified tip that Jardines&#8217; 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...]]></description>
			<content:encoded><![CDATA[<p>Police conducted a warrantless dog sniff test by a dog trained in drug detection at Joelis Jardines&#8217; home five years ago.  The police had received an unverified tip that Jardines&#8217; home was being used to grow marijuana.</p>
<p>Under well established constitutional law, the unverified tip did not create <span class="domtooltips">probable cause<span class="domtooltips_tooltip" style="display: none">Probable cause is the standard of proof that justifies the arrest (or <span class="domtooltips">indictment<span class="domtooltips_tooltip" style="display: none">An 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.</span></span>) of an individual.  In order to find probable cause, a cautious officer, acting in good faith, must have sufficient information to believe that a crime has been or is being committed.</span></span>. </p>
<p>In December 2006, police went to the home, and observed it for fifteen minutes.  There were no cars in the driveway, the blinds were closed, and there was no observable activity.</p>
<p>After fifteen minutes, a dog handler arrived with a drug detection dog.  The dog and the handler walked to the door.  The dog alerted to the scent of contraband.  Forget for a moment that dogs are notoriously unreliable when it comes to drug detection.</p>
<p>The dog was considered reliable enough to create <span class="domtooltips">probable cause<span class="domtooltips_tooltip" style="display: none">Probable cause is the standard of proof that justifies the arrest (or <span class="domtooltips">indictment<span class="domtooltips_tooltip" style="display: none">An 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.</span></span>) of an individual.  In order to find probable cause, a cautious officer, acting in good faith, must have sufficient information to believe that a crime has been or is being committed.</span></span>.  The detective also noted that the air conditioning unit was running constantly &#8211; consistent with the use of hydroponic grow lights in a marijuana grow operation.</p>
<p>Based on these observations, police obtained a warrant, and conducted a search, ultimately charging Jardines with <span class="domtooltips">drug trafficking<span class="domtooltips_tooltip" style="display: none">Drug 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.</span></span>.</p>
<p>While the U.S. Supreme Court has adddressed dog sniff tests in three cases &#8211; <em><a href="http://scholar.google.com/scholar_case?case=5031844227599510007">U.S. v. Place, 462 U.S. 696</a></em>, <em><a href="http://scholar.google.com/scholar_case?case=605414745192665577">City of Indianapolis v. Edmond, 531 U.S. 32</a></em>, and <em><a href="http://scholar.google.com/scholar_case?case=10622335546539670066">Illinois v. Caballes, 543 U.S. 405</a></em>, it has not decided a dog sniff case in the context of a front door, warrantless sniff of a home.</p>
<p>However, in <em><a href="http://scholar.google.com/scholar_case?case=15840045591115721227">Kyllo v. U.S.</a></em>, the Supreme Court held that people have an expectation of privacy such that the use of thermal imaging technology, which is not typical in every day life, to detect a grow operation was clearly a violation of that privacy.</p>
<p>In 2011, the Florida Supreme Court ruled in State v. Jardines that the sniff test conducted at his home was in fact an intrusive procedure, and that since Jardines had an expectation of privacy, the warrantless search was unconstitutional.</p>
<p>The Supreme Court has granted a Writ of Certiori which means the case will be heard by the Supreme Court for an ultimate decision.</p>
<hr><a href="http://www.chetson.com">Raleigh criminal lawyer</a> Damon Chetson defends people charged with felonies, misdemeanors, traffic and DWI charges in Raleigh, Cary, Apex, and Wake County, NC. Durham Criminal Lawyer Damon Chetson also represents people charged in Wake County, Durham County, Orange County and Chatham County.  The Chetson Firm is available day or night, weekdays or weekends. Call day or night for a free consultation (919) 352-9411.
<p><a class="a2a_dd a2a_target addtoany_share_save" href="http://www.addtoany.com/share_save#url=http%3A%2F%2Fwww.chetson.com%2F2012%2F01%2F3650%2F&amp;title=Warrantless%20Dog%20Sniffs%20in%20Drug%20Cases" id="wpa2a_2"><img src="http://www.chetson.com/wp-content/plugins/add-to-any/share_save_171_16.png" width="171" height="16" alt="Share"/></a></p>]]></content:encoded>
			<wfw:commentRss>http://www.chetson.com/2012/01/3650/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>Raleigh Drug Lawyer: Handling a Drug Case in North Carolina</title>
		<link>http://www.chetson.com/2011/12/raleigh-drug-lawyer-handling-a-drug-case-in-north-carolina/</link>
		<comments>http://www.chetson.com/2011/12/raleigh-drug-lawyer-handling-a-drug-case-in-north-carolina/#comments</comments>
		<pubDate>Mon, 26 Dec 2011 16:52:41 +0000</pubDate>
		<dc:creator>Damon Chetson</dc:creator>
				<category><![CDATA[Raleigh Drug Lawyer]]></category>
		<category><![CDATA[raleigh drug lawyer]]></category>

		<guid isPermaLink="false">http://www.chetson.com/?p=3507</guid>
		<description><![CDATA[If you&#8217;ve been arrested for a drug crime in North Carolina, it&#8217;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 trafficking laws have...]]></description>
			<content:encoded><![CDATA[<p>If you&#8217;ve been arrested for a drug crime in North Carolina, it&#8217;s possible for you to be charged under a number of different statutes:</p>
<ol>
<li>Misdemeanor Drug Laws
<li>Felony Drug Laws
<li>Felony <span class="domtooltips">Drug Trafficking<span class="domtooltips_tooltip" style="display: none">Drug 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.</span></span> Laws
<li>Federal Drug Laws and Federal <span class="domtooltips">Drug Trafficking<span class="domtooltips_tooltip" style="display: none">Drug 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.</span></span> Laws
</ol>
<p>If you are accused of trafficking in drugs or conspiracy to traffic in drugs, it&#8217;s possible for you to be charged by the State authorities &#8211; your county prosecutors such as the Wake County <span class="domtooltips">District Attorney<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> &#8211; or by federal authorities &#8211; such as the United States Attorney for the Eastern <span class="domtooltips">District Attorney<span class="domtooltips_tooltip" style="display: none">A 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.</span></span>.  In fact, since each level of government is considered a separate sovereign, it&#8217;s possible &#8211; although generally not the case &#8211; for you to be tried and prosecuted by both the state and the federal governments.  Usually, however, if one entity decides to prosecute you, then the other entity will decline prosecution.</p>
<p>Generally &#8211; although not always &#8211; if you had to choose, it&#8217;d be better to be charged and prosecuted under state law for two reasons.  First, state laws, while still very punitive, tend to be somewhat less punitive than federal laws.  Second, federal sentencing has a concept called &#8220;relevant conduct&#8221; that allows a judge to punish you for any relevant drug or other criminal violations even though those violations may be uncharged or even though a <span class="domtooltips">jury<span class="domtooltips_tooltip" style="display: none">A 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 <span class="domtooltips">indictment<span class="domtooltips_tooltip" style="display: none">An 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.</span></span> 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.</span></span> may have found you not guilty of those violations.  Since &#8220;relevant conduct&#8221; can create the possibility of being punished even if you are found &#8220;not guilty&#8221; of almost all charges, there is tremendous pressure in the federal system to enter into a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> agreement with the government.</p>
<h2>North Carolina Misdemeanor Drug Laws</h2>
<p>Misdemeanors, as the name suggests, are less serious criminal offenses, usually punishable by court costs, fines, and, possibly, <span class="domtooltips">probation<span class="domtooltips_tooltip" style="display: none">Probation 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.</span></span>. Only rarely is a misdemeanor drug <span class="domtooltips">conviction<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> or misdemeanor marijuana possession <span class="domtooltips">conviction<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> punished by jail time.</p>
<p>North Carolina has a number of misdemeanor drug laws, including, but not limited to:</p>
<p><OL><LI>Misdemeanor Possession of Drug Paraphernalia<br />
<blockquote>N.C.G.S. § 90-113.22.  Possession of drug paraphernalia. <br />(a) It is unlawful for any person to knowingly use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, package, repackage, store, contain, or conceal a <span class="domtooltips">controlled substance<span class="domtooltips_tooltip" style="display: none">A 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).</span></span> which it would be unlawful to possess, or to inject, ingest, inhale, or otherwise introduce into the body a <span class="domtooltips">controlled substance<span class="domtooltips_tooltip" style="display: none">A 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).</span></span> which it would be unlawful to possess.<br />
<br />(b) Violation of this section is a Class 1 misdemeanor.</p></blockquote>
<li>Misdemeanor Possession of Marijuana punishable as a Class 3 or Class 1 Misdemeanor:<br />
<blockquote>A <span class="domtooltips">controlled substance<span class="domtooltips_tooltip" style="display: none">A 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).</span></span> classified in Schedule VI [marijuana] shall be guilty of a Class 3 misdemeanor, but any sentence of imprisonment imposed must be suspended and the judge may not require at the time of sentencing that the defendant serve a period of imprisonment as a special condition of <span class="domtooltips">probation<span class="domtooltips_tooltip" style="display: none">Probation 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.</span></span>. If the quantity of the <span class="domtooltips">controlled substance<span class="domtooltips_tooltip" style="display: none">A 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).</span></span> exceeds one?half of an ounce (avoirdupois) of marijuana or one?twentieth of an ounce (avoirdupois) of the extracted resin of marijuana, commonly known as hashish, the violation shall be punishable as a Class 1 misdemeanor.</p></blockquote>
<p><LI>Misdemeanor Possession of Schedule V Drugs Punishable as a Class 2 Misdemeanor:<br />
<blockquote><OL><lI> Not more than 200 milligrams of codeine or any of its salts per 100 milliliters or per 100 grams.<br />
<LI>Not more than 100 milligrams of dihydrocodeine or any of its salts per 100 milliliters or per 100 grams.<br />
<LI>Not more than 100 milligrams of ethylmorphine or any of its salts per 100 milliliters or per 100 grams.<br />
<LI>Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit.<br />
<LI>Not more than 100 milligrams of opium per 100 milliliters or per 100 grams.<br />
<LI>Not more than 0.5 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.<br />
<LI>Pyrovalerone.<br />
</oL></p></blockquote>
<p><LI>Misdemeanor Possession of Schedule III, or Schedule IV</a> punishable as a Class 1 Misdemeanor.<br />
</oL></p>
<h2>North Carolina Felony Drug Laws</h2>
<p>Felonies are more serious drug charges that are punishable, usually, by <span class="domtooltips">probation<span class="domtooltips_tooltip" style="display: none">Probation 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.</span></span> and possibly <span class="domtooltips">prison<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the <span class="domtooltips">Department of Corrections<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the Department of Corrections in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span> in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span> time, especially if the person has a bad criminal record.  Most North Carolina drug felonies are Class G, H, or I felonies with the exception of <span class="domtooltips">Drug Trafficking<span class="domtooltips_tooltip" style="display: none">Drug 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.</span></span> Laws (covered below). Meth manufacture may be punished as a Class C felony.</p>
<p><OL><br />
<LI>Sell Heroin, Sale of Heroin, or Sale of Opium or Sale of Cocaine or Sale of any Schedule I or Schedule II are punishable as Class G felonies.<br />
<LI>Manufacture of Methamphetamine (Meth) is punishable as a Class C felony, unless the manufacture of meth merely involved packaging or labeling the drug in which case it is punishable as a Class H felony.<br />
<LI>Sale of Scheduled III, Schedule IV, Schedule V, and Schedule VI drugs are punishable as Class H felonies.  This includes the sale of marijuana, which is a Scheduled VI drug and punishable as a Class H felony.<br />
<LI><span class="domtooltips">Possession with Intent to Sell and Deliver<span class="domtooltips_tooltip" style="display: none">PWISD 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.</span></span> (<span class="domtooltips">PWISD<span class="domtooltips_tooltip" style="display: none">PWISD 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.</span></span>) of Schedule III through Schedule VI drugs, except cocaine and heroin, is a Class I felony.<br />
<LI><span class="domtooltips">Possession with Intent to Sell and Deliver<span class="domtooltips_tooltip" style="display: none">PWISD 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.</span></span> (<span class="domtooltips">PWISD<span class="domtooltips_tooltip" style="display: none">PWISD 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.</span></span>) or sale of a counterfeit drug is punishable as a Class I felony.<br />
</oL></p>
<h2>North Carolina <span class="domtooltips">Drug Trafficking<span class="domtooltips_tooltip" style="display: none">Drug 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.</span></span> Laws</h2>
<p>At the top of the pyramid of drug laws are <span class="domtooltips">Drug Trafficking<span class="domtooltips_tooltip" style="display: none">Drug 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.</span></span> Laws.  These are laws that prohibit the large scale possession, transportation or distribution (sale) of controlled substances, even though in certain cases the amounts that qualify as <span class="domtooltips">drug trafficking<span class="domtooltips_tooltip" style="display: none">Drug 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.</span></span> weights are not very large at all.</p>
<p><span class="domtooltips">Drug Trafficking<span class="domtooltips_tooltip" style="display: none">Drug 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.</span></span> laws in North Carolina are characterized by two components.  First, they require a mandatory minimum jail sentence.  A person <span class="domtooltips">convicted<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> of <span class="domtooltips">drug trafficking<span class="domtooltips_tooltip" style="display: none">Drug 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.</span></span> will spend time in <span class="domtooltips">prison<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the <span class="domtooltips">Department of Corrections<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the Department of Corrections in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span> in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span>.  Second, the <i>only way</i> to avoid <span class="domtooltips">prison<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the <span class="domtooltips">Department of Corrections<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the Department of Corrections in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span> in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span> time if <span class="domtooltips">convicted<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> of a <span class="domtooltips">drug trafficking<span class="domtooltips_tooltip" style="display: none">Drug 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.</span></span> crime is by providing &#8220;<span class="domtooltips">substantial assistance<span class="domtooltips_tooltip" style="display: none">A defendant may reduce penalties or avoid <span class="domtooltips">conviction<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> 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 <span class="domtooltips">cooperation<span class="domtooltips_tooltip" style="display: none">A defendant may reduce penalties or avoid <span class="domtooltips">conviction<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> 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.</span></span> given without a defense lawyer's input may not be honored by police or prosecutors when the case is resolved.</span></span>&#8221; (known on the street as &#8220;snitching&#8221;) to authorities.  If a judge finds that <span class="domtooltips">substantial assistance<span class="domtooltips_tooltip" style="display: none">A defendant may reduce penalties or avoid <span class="domtooltips">conviction<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> 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 <span class="domtooltips">cooperation<span class="domtooltips_tooltip" style="display: none">A defendant may reduce penalties or avoid <span class="domtooltips">conviction<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> 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.</span></span> given without a defense lawyer's input may not be honored by police or prosecutors when the case is resolved.</span></span> has been offered by the defendant, the judge may deviate from the mandatory minimums and impose a lesser sentence, including <span class="domtooltips">probation<span class="domtooltips_tooltip" style="display: none">Probation 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.</span></span>. </p>
<p>In order to take advantage of <span class="domtooltips">substantial assistance<span class="domtooltips_tooltip" style="display: none">A defendant may reduce penalties or avoid <span class="domtooltips">conviction<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> 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 <span class="domtooltips">cooperation<span class="domtooltips_tooltip" style="display: none">A defendant may reduce penalties or avoid <span class="domtooltips">conviction<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> 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.</span></span> given without a defense lawyer's input may not be honored by police or prosecutors when the case is resolved.</span></span>, it is almost always important to contact a lawyer as early in the process as possible.  Since most valuable information or the ability to assist law enforcement in making covert drug buys vanishes pretty soon after arrest, it&#8217;s important that you act quickly if you believe that <span class="domtooltips">substantial assistance<span class="domtooltips_tooltip" style="display: none">A defendant may reduce penalties or avoid <span class="domtooltips">conviction<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> 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 <span class="domtooltips">cooperation<span class="domtooltips_tooltip" style="display: none">A defendant may reduce penalties or avoid <span class="domtooltips">conviction<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> 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.</span></span> given without a defense lawyer's input may not be honored by police or prosecutors when the case is resolved.</span></span> may be the right way to go in your case.</p>
<p>Next, it&#8217;s important to participate in a <span class="domtooltips">substantial assistance<span class="domtooltips_tooltip" style="display: none">A defendant may reduce penalties or avoid <span class="domtooltips">conviction<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> 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 <span class="domtooltips">cooperation<span class="domtooltips_tooltip" style="display: none">A defendant may reduce penalties or avoid <span class="domtooltips">conviction<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> 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.</span></span> given without a defense lawyer's input may not be honored by police or prosecutors when the case is resolved.</span></span> agreement with prosecutors under the guidance of your own lawyer. By working with a lawyer, you can ensure that you get full credit for all the information and <span class="domtooltips">cooperation<span class="domtooltips_tooltip" style="display: none">A defendant may reduce penalties or avoid <span class="domtooltips">conviction<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> 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.</span></span> you provide to police or prosecutors.</p>
<p>Each <span class="domtooltips">drug trafficking<span class="domtooltips_tooltip" style="display: none">Drug 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.</span></span> category has three or four levels of punishment.</p>
<p><OL><LI>Trafficking in Marijuana<OL><LI>10 pounds up to 50 pounds &#8211; 25 to 30 months in <span class="domtooltips">prison<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the <span class="domtooltips">Department of Corrections<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the Department of Corrections in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span> in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span>.<br />
<LI>50 pounds up to 2,000 pounds &#8211; 35 to 42 months in <span class="domtooltips">prison<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the <span class="domtooltips">Department of Corrections<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the Department of Corrections in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span> in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span>.<br />
<LI>2,000 pounds up to 10,000 pounds &#8211; 70 to 84 months in <span class="domtooltips">prison<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the <span class="domtooltips">Department of Corrections<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the Department of Corrections in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span> in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span>.<br />
<LI>10,000 pounds and above &#8211; 175 to 219 months in <span class="domtooltips">prison<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the <span class="domtooltips">Department of Corrections<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the Department of Corrections in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span> in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span>.
</ol>
<p><LI>Trafficking in Methqualone<OL><LI>1,000 up to 5,000 dosage units &#8211; 35 to 42 months in <span class="domtooltips">prison<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the <span class="domtooltips">Department of Corrections<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the Department of Corrections in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span> in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span>.<br />
<LI>5,000 up to 10,000 dosage units &#8211; 70 to 84 months in <span class="domtooltips">prison<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the <span class="domtooltips">Department of Corrections<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the Department of Corrections in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span> in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span>.<br />
<LI>10,000 dosage units and above &#8211; 175 to 219 months in <span class="domtooltips">prison<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the <span class="domtooltips">Department of Corrections<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the Department of Corrections in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span> in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span>.<br />
</oL></p>
<li>Trafficking in Cocaine (including Crack or Powder)<oL><LI>28 grams (about 1 ounce) up to 200 grams &#8211; 35 to 42 months in <span class="domtooltips">prison<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the <span class="domtooltips">Department of Corrections<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the Department of Corrections in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span> in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span>.<br />
<LI>200 grams up to 400 grams &#8211; 70 to 84 months in <span class="domtooltips">prison<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the <span class="domtooltips">Department of Corrections<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the Department of Corrections in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span> in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span>.<br />
<LI>400 grams and above &#8211; 175 to 219 months in <span class="domtooltips">prison<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the <span class="domtooltips">Department of Corrections<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the Department of Corrections in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span> in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span>.
</ol>
<p><LI>Trafficking in Heroin or Opium<oL><LI>4 grams up to 14 grams (half ounce) &#8211; 70 to 84 months in <span class="domtooltips">prison<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the <span class="domtooltips">Department of Corrections<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the Department of Corrections in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span> in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span>.<br />
<LI>14 (half ounce) grams to 28 (ounce) grams &#8211; 90 to 117 months in <span class="domtooltips">prison<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the <span class="domtooltips">Department of Corrections<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the Department of Corrections in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span> in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span>.<br />
<LI>28 grams (ounce) and above &#8211; 225 to 279 months in <span class="domtooltips">prison<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the <span class="domtooltips">Department of Corrections<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the Department of Corrections in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span> in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span>.<br />
</oL><br />
<LI>Trafficking in LSD<OL>100 dosage units up to 500 dosage units &#8211; 35 to 42 months in <span class="domtooltips">prison<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the <span class="domtooltips">Department of Corrections<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the Department of Corrections in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span> in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span>.<br />
<LI>500 up to 1,000 dosage units &#8211; 70 to 84 months in <span class="domtooltips">prison<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the <span class="domtooltips">Department of Corrections<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the Department of Corrections in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span> in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span>.<br />
<LI>1,000 dosage units and above &#8211; 175 to 219 months in <span class="domtooltips">prison<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the <span class="domtooltips">Department of Corrections<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the Department of Corrections in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span> in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span>.<br />
</oL></p>
<p><LI>Trafficking in MDMA
<ol><LI>100 tablets up to 500 tablets &#8211; 35 to 42 months in <span class="domtooltips">prison<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the <span class="domtooltips">Department of Corrections<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the Department of Corrections in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span> in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span>.<br />
<LI>500 up to 1,000 tablets &#8211; 70 to 84 months in <span class="domtooltips">prison<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the <span class="domtooltips">Department of Corrections<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the Department of Corrections in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span> in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span>.<br />
<LI>1,000 tablets and above &#8211; 175 to 219 months in <span class="domtooltips">prison<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the <span class="domtooltips">Department of Corrections<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the Department of Corrections in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span> in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span>.<br />
</OL><br />
</oL></p>
<h2><span class="domtooltips">Substantial Assistance<span class="domtooltips_tooltip" style="display: none">A defendant may reduce penalties or avoid <span class="domtooltips">conviction<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> 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 <span class="domtooltips">cooperation<span class="domtooltips_tooltip" style="display: none">A defendant may reduce penalties or avoid <span class="domtooltips">conviction<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> 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.</span></span> given without a defense lawyer's input may not be honored by police or prosecutors when the case is resolved.</span></span></h2>
<p><span class="domtooltips">Substantial assistance<span class="domtooltips_tooltip" style="display: none">A defendant may reduce penalties or avoid <span class="domtooltips">conviction<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> 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 <span class="domtooltips">cooperation<span class="domtooltips_tooltip" style="display: none">A defendant may reduce penalties or avoid <span class="domtooltips">conviction<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> 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.</span></span> given without a defense lawyer's input may not be honored by police or prosecutors when the case is resolved.</span></span> is the only way that someone <span class="domtooltips">convicted<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> of a <span class="domtooltips">drug trafficking<span class="domtooltips_tooltip" style="display: none">Drug 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.</span></span> charge can avoid a mandatory minimum sentence in North Carolina.  (There may be other ways to avoid a <span class="domtooltips">drug trafficking<span class="domtooltips_tooltip" style="display: none">Drug 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.</span></span> <span class="domtooltips">conviction<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> through a negotiated <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> agreement, or by winning after a <span class="domtooltips">jury<span class="domtooltips_tooltip" style="display: none">A 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 <span class="domtooltips">indictment<span class="domtooltips_tooltip" style="display: none">An 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.</span></span> 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.</span></span> trial.)  </p>
<p><span class="domtooltips">Substantial assistance<span class="domtooltips_tooltip" style="display: none">A defendant may reduce penalties or avoid <span class="domtooltips">conviction<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> 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 <span class="domtooltips">cooperation<span class="domtooltips_tooltip" style="display: none">A defendant may reduce penalties or avoid <span class="domtooltips">conviction<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> 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.</span></span> given without a defense lawyer's input may not be honored by police or prosecutors when the case is resolved.</span></span> involves talking to police officers about all that the person knows after &#8220;pleading in&#8221; to the drug charge. Sometimes the defendant will know exactly what he can expect to receive as a benefit for his <span class="domtooltips">cooperation<span class="domtooltips_tooltip" style="display: none">A defendant may reduce penalties or avoid <span class="domtooltips">conviction<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> 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.</span></span>.  Other times the defendant may plead in without knowing exactly what benefit he might expect. </p>
<p>In either case, <span class="domtooltips">cooperation<span class="domtooltips_tooltip" style="display: none">A defendant may reduce penalties or avoid <span class="domtooltips">conviction<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> 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.</span></span> is generally supposed to be full and open, meaning that no secrets can be kept from the police with respect to illegal drug activity. <span class="domtooltips">Cooperation<span class="domtooltips_tooltip" style="display: none">A defendant may reduce penalties or avoid <span class="domtooltips">conviction<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> 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.</span></span> usually occurs during a &#8220;debrief&#8221; where a person&#8217;s attorney and police either meet in a confinement facility (such as a jail) or at an office where the person is interviewed about all he knows about drug activity.  </p>
<p>Most <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> agreements require the person to cooperate fully, with the punishment being a loss of any benefit from the agreement if the person has been shown to be less than truthful during debriefs.  In drug cases, a single defendant may be just one of many sources of information that the police are privy to.  Law enforcement will generally ask the defendant questions while already knowing the answer in order to test the defendant&#8217;s truthfulness.  Sometimes lie detectors (or polygraph or voice stress analyzers) may be used as part of the debrief process.</p>
<h2>Contracts</h2>
<p>Part of <span class="domtooltips">substantial assistance<span class="domtooltips_tooltip" style="display: none">A defendant may reduce penalties or avoid <span class="domtooltips">conviction<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> 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 <span class="domtooltips">cooperation<span class="domtooltips_tooltip" style="display: none">A defendant may reduce penalties or avoid <span class="domtooltips">conviction<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> 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.</span></span> given without a defense lawyer's input may not be honored by police or prosecutors when the case is resolved.</span></span> may involving working for the police as part of a contract.  A contract is a negotiated and written agreement which promises some benefit (reduction of charges, <span class="domtooltips">dismissal<span class="domtooltips_tooltip" style="display: none">A 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 <span class="domtooltips">VL<span class="domtooltips_tooltip" style="display: none">A 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.</span></span>, 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.</span></span> of charges, or reduction of punishment) in exchange for the defendant helping police either by providing information, or by participating in controlled drug buys.  A contract might also include the defendant helping to perform hand-to-hand drug transactions in exchange for the defendant earning a reduction or <span class="domtooltips">dismissal<span class="domtooltips_tooltip" style="display: none">A 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 <span class="domtooltips">VL<span class="domtooltips_tooltip" style="display: none">A 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.</span></span>, 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.</span></span> of the charges.</p>
<p>A drug <span class="domtooltips">cooperation<span class="domtooltips_tooltip" style="display: none">A defendant may reduce penalties or avoid <span class="domtooltips">conviction<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> 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.</span></span> contract can be used in any trafficking or felony drug case. Drug contracts normally are not used for misdemeanor cases which are considered to minor to warrant a contract.</p>
<h2><span class="domtooltips">Drug Diversion<span class="domtooltips_tooltip" style="display: none">Drug 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.</span></span> or Felony <span class="domtooltips">Drug Diversion<span class="domtooltips_tooltip" style="display: none">Drug 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.</span></span> Programs</h2>
<p>North Carolina has a number of <span class="domtooltips">drug diversion<span class="domtooltips_tooltip" style="display: none">Drug 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.</span></span> programs, called <span class="domtooltips">90-96<span class="domtooltips_tooltip" style="display: none"><span class="domtooltips">Drug diversion<span class="domtooltips_tooltip" style="display: none">Drug 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.</span></span> may be a way for a defendant to avoid a criminal record by either participating in drug treatment, completing community service, or both. <span class="domtooltips">Drug diversion<span class="domtooltips_tooltip" style="display: none">Drug 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.</span></span> 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.</span></span> programs, that can allow someone with no criminal record (or a very minor criminal record) to participate in drug treatment programs, possibly perform community service, and stay out of trouble.  A diversion program may last six months or a year.  Typically the program involves an admission of guilt at the beginning of the program, so that if the person fails to comply in some respect and violates the terms of the program, the <span class="domtooltips">prosecutor<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> will be able to convict the defendant for the original offense.</p>
<p>In some counties, prosecutors will place the individual on <span class="domtooltips">probation<span class="domtooltips_tooltip" style="display: none">Probation 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.</span></span> for a year, and at the end of <span class="domtooltips">probation<span class="domtooltips_tooltip" style="display: none">Probation 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.</span></span>, if the <span class="domtooltips">drug diversion<span class="domtooltips_tooltip" style="display: none">Drug 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.</span></span> program has been successfully completed, the Assistant <span class="domtooltips">District Attorney<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> will dismiss the charge.</p>
<p>In Wake County, the person is not placed on <span class="domtooltips">probation<span class="domtooltips_tooltip" style="display: none">Probation 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.</span></span>, but is rather placed on a program with periodic check-in (or review dates) during which progress is reviewed.  If the person is on his way to completing the program, then no action is taken at a review date.  However, if the person has not completed at least part of his treatment or community service, a <span class="domtooltips">prosecutor<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> may ask the judge to violate the defendant on the program and judgment for the original set of charges will be imposed.</p>
<p>As of December 1, 2011, North Carolina has made the misdemeanor <span class="domtooltips">drug diversion<span class="domtooltips_tooltip" style="display: none">Drug 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.</span></span> program mandatory upon <span class="domtooltips">conviction<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> of a first-time marijuana or misdemeanor possession of drug paraphernalia (PDP) charge.  Even if the defendant goes to trial and loses, the defendant will be offered <span class="domtooltips">90-96<span class="domtooltips_tooltip" style="display: none"><span class="domtooltips">Drug diversion<span class="domtooltips_tooltip" style="display: none">Drug 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.</span></span> may be a way for a defendant to avoid a criminal record by either participating in drug treatment, completing community service, or both. <span class="domtooltips">Drug diversion<span class="domtooltips_tooltip" style="display: none">Drug 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.</span></span> 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.</span></span> at the conclusion of the trial by the judge.  This program is typically one year long, and requires participate in a drug treatment program.  No community service is required.  In Wake County, Southlight Judicial Services manage both the misdemeanor and felony <span class="domtooltips">drug diversion<span class="domtooltips_tooltip" style="display: none">Drug 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.</span></span> programs.</p>
<h2>Trial on Drug Charges</h2>
<p>If no acceptable <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> has been offered, a person may wish to choose to have a trial.  If charged with a misdemeanor drug charge, the person may have a bench trial in <span class="domtooltips">District Court<span class="domtooltips_tooltip" style="display: none">District Court is the lower of two levels of trial court in North Carolina.  Misdemeanors begin (and can be resolved) in District Court.  Most felonies also begin in District Court, but only Class H and Class I felonies may be resolved in District Court.</span></span> with a judge determining whether the person is guilty. If the person wins the trial, the case ends.  However, if the person ends and wishes to <span class="domtooltips">appeal<span class="domtooltips_tooltip" style="display: none">An appeal may be either an appeal for a trial de novo, or an appeal on a matter of law following a jury trial or appellate decision.  

An appeal for a trial de novo sets aside the District Court judgment and sends the case to Superior Court for a jury trial.

An appeal following a jury trial raises legal or constitutional issues that are eventually decided by state or federal appellate courts.</span></span>, the person is entitled to a <i>de novo</i> <span class="domtooltips">jury<span class="domtooltips_tooltip" style="display: none">A 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 <span class="domtooltips">indictment<span class="domtooltips_tooltip" style="display: none">An 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.</span></span> 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.</span></span> trial in <span class="domtooltips">Superior Court<span class="domtooltips_tooltip" style="display: none">Superior Court is the higher of the two levels of trial court in North Carolina. Felonies may be resolved in Superior Court by <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span>, or trial.  Misdemeanor convictions may be appealed to Superior Court for <span class="domtooltips">jury<span class="domtooltips_tooltip" style="display: none">A 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 <span class="domtooltips">indictment<span class="domtooltips_tooltip" style="display: none">An 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.</span></span> 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.</span></span> trial.</span></span>.  Because of the tremendous backlog of cases in <span class="domtooltips">Superior Court<span class="domtooltips_tooltip" style="display: none">Superior Court is the higher of the two levels of trial court in North Carolina. Felonies may be resolved in Superior Court by <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span>, or trial.  Misdemeanor convictions may be appealed to Superior Court for <span class="domtooltips">jury<span class="domtooltips_tooltip" style="display: none">A 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 <span class="domtooltips">indictment<span class="domtooltips_tooltip" style="display: none">An 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.</span></span> 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.</span></span> trial.</span></span>, a person may not have a trial for a year or two after the completion of his <span class="domtooltips">District Court<span class="domtooltips_tooltip" style="display: none">District Court is the lower of two levels of trial court in North Carolina.  Misdemeanors begin (and can be resolved) in District Court.  Most felonies also begin in District Court, but only Class H and Class I felonies may be resolved in District Court.</span></span> case.</p>
<p>If the person has been charged with a felony drug crime &#8211; Possession, <span class="domtooltips">PWISD<span class="domtooltips_tooltip" style="display: none">PWISD 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.</span></span>, Trafficking &#8211; then the person can choose to have <span class="domtooltips">jury<span class="domtooltips_tooltip" style="display: none">A 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 <span class="domtooltips">indictment<span class="domtooltips_tooltip" style="display: none">An 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.</span></span> 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.</span></span> trial in <span class="domtooltips">Superior Court<span class="domtooltips_tooltip" style="display: none">Superior Court is the higher of the two levels of trial court in North Carolina. Felonies may be resolved in Superior Court by <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span>, or trial.  Misdemeanor convictions may be appealed to Superior Court for <span class="domtooltips">jury<span class="domtooltips_tooltip" style="display: none">A 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 <span class="domtooltips">indictment<span class="domtooltips_tooltip" style="display: none">An 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.</span></span> 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.</span></span> trial.</span></span>.  </p>
<p>Many drug cases involve claims by the defendant that police conducted an illegal search of the vehicle, home, dwelling place, or storage facility where the drugs were found. These issues are decided by a <span class="domtooltips">Superior Court<span class="domtooltips_tooltip" style="display: none">Superior Court is the higher of the two levels of trial court in North Carolina. Felonies may be resolved in Superior Court by <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span>, or trial.  Misdemeanor convictions may be appealed to Superior Court for <span class="domtooltips">jury<span class="domtooltips_tooltip" style="display: none">A 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 <span class="domtooltips">indictment<span class="domtooltips_tooltip" style="display: none">An 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.</span></span> 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.</span></span> trial.</span></span> Judge following a <span class="domtooltips">suppression hearing<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">motion to suppress<span class="domtooltips_tooltip" style="display: none">A motion to suppress is a request by a defense attorney to a judge that he or she rule there has been a constitutional or statutory violation of the defendant's rights. The goal of a motion to suppress is usually to block certain evidence from being presented at trial.</span></span> is a request by a defense attorney to a judge that he or she rule there has been a constitutional or statutory violation of the defendant's rights. The goal of a <span class="domtooltips">motion to suppress<span class="domtooltips_tooltip" style="display: none">A motion to suppress is a request by a defense attorney to a judge that he or she rule there has been a constitutional or statutory violation of the defendant's rights. The goal of a motion to suppress is usually to block certain evidence from being presented at trial.</span></span> is usually to block certain evidence from being presented at trial.</span></span>.  A <span class="domtooltips">suppression hearing<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">motion to suppress<span class="domtooltips_tooltip" style="display: none">A motion to suppress is a request by a defense attorney to a judge that he or she rule there has been a constitutional or statutory violation of the defendant's rights. The goal of a motion to suppress is usually to block certain evidence from being presented at trial.</span></span> is a request by a defense attorney to a judge that he or she rule there has been a constitutional or statutory violation of the defendant's rights. The goal of a <span class="domtooltips">motion to suppress<span class="domtooltips_tooltip" style="display: none">A motion to suppress is a request by a defense attorney to a judge that he or she rule there has been a constitutional or statutory violation of the defendant's rights. The goal of a motion to suppress is usually to block certain evidence from being presented at trial.</span></span> is usually to block certain evidence from being presented at trial.</span></span> usually involves testimony by the police officer about the <span class="domtooltips">probable cause<span class="domtooltips_tooltip" style="display: none">Probable cause is the standard of proof that justifies the arrest (or <span class="domtooltips">indictment<span class="domtooltips_tooltip" style="display: none">An 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.</span></span>) of an individual.  In order to find probable cause, a cautious officer, acting in good faith, must have sufficient information to believe that a crime has been or is being committed.</span></span> he or she had to search the defendant&#8217;s property.  </p>
<hr>Wake County lawyer Damon Chetson helps people accused of serious felonies, misdemeanors, drug charges, DWI and traffic offenses in Raleigh, Apex, Chapel Hill, and Cary, NC. Chapel Hill lawyer Damon Chetson also represents people charged with felonies and criminal charges in Raleigh, Cary, Apex, Chapel Hill, and Durham, North Carolina. Our lawyers are available day or night, weekdays or weekends. Call (919) 352-9411 for a free consultation.
<p><a class="a2a_dd a2a_target addtoany_share_save" href="http://www.addtoany.com/share_save#url=http%3A%2F%2Fwww.chetson.com%2F2011%2F12%2Fraleigh-drug-lawyer-handling-a-drug-case-in-north-carolina%2F&amp;title=Raleigh%20Drug%20Lawyer%3A%20Handling%20a%20Drug%20Case%20in%20North%20Carolina" id="wpa2a_4"><img src="http://www.chetson.com/wp-content/plugins/add-to-any/share_save_171_16.png" width="171" height="16" alt="Share"/></a></p>]]></content:encoded>
			<wfw:commentRss>http://www.chetson.com/2011/12/raleigh-drug-lawyer-handling-a-drug-case-in-north-carolina/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>Drug Laws: Banning Brain Stimulants</title>
		<link>http://www.chetson.com/2011/12/drug-laws-banning-brain-stimulants/</link>
		<comments>http://www.chetson.com/2011/12/drug-laws-banning-brain-stimulants/#comments</comments>
		<pubDate>Fri, 23 Dec 2011 20:34:13 +0000</pubDate>
		<dc:creator>Damon Chetson</dc:creator>
				<category><![CDATA[Raleigh Criminal Lawyer]]></category>
		<category><![CDATA[raleigh drug lawyer]]></category>

		<guid isPermaLink="false">http://www.chetson.com/?p=3512</guid>
		<description><![CDATA[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 &#8211; overdoses have been rare. 4-methylmethcathinone (also known as mephedrone, sold as &#8220;Plant food&#8221;): &#8211; Class I Felony 3,4-Methylenedioxypyrovalerone (also known as MDPV, sold as &#8220;Bath Salts&#8221;);...]]></description>
			<content:encoded><![CDATA[<p>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 &#8211; overdoses have been rare.<br />
<OL><br />
<LI>4-methylmethcathinone (also known as mephedrone, sold as &#8220;Plant food&#8221;):  &#8211; Class I Felony<br />
<LI>3,4-Methylenedioxypyrovalerone (also known as MDPV, sold as &#8220;Bath Salts&#8221;); &#8211; Class I Felony (less than 1 gram is a Class 1 Misdemeanor)<br />
<LI>and a compound, other than buproprion, that is structurally derived from 2-amino-1-phenyl-1-propanone by modification in one of the specified ways.</oL></p>
<p>N.C.G.S. 90-94 adds synthetic cannabinoids (such as K-2) as a Schedule VI <span class="domtooltips">controlled substance<span class="domtooltips_tooltip" style="display: none">A 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).</span></span> (regulated the same as marijuana). <OL><br />
<LI>Class 3 misdemeanor for seven grams or less<br />
<LI>Class 1 misdemeanor for more than seven and up to 21 grams or less<br />
<LI>Class I felony for more than 21 grams.<br />
</oL></p>
<p>The Federal Government is going one step further, with Congress passing a bill that governs not just specific, chemically identified substances, but prohibits &#8220;cannabimimetic agents&#8221; (substances that mimic the effects of marijuana) defined as:</p>
<blockquote><p>any substance that is a cannabinoid receptor type 1 (CB1 receptor) agonist as demonstrated by binding studies and functional assays within any of the following structural classes</p></blockquote>
<p>and any preparation</p>
<blockquote><p>which contains any quantity of cannabimimetic agents, or which contains their salts, isomers, and salts of isomers</p></blockquote>
<p><a href="http://mindhacks.com/2011/12/09/legal-marijuana-and-a-ban-on-brain-function/">As Mindhacks.com notes</a> this may be the first attempt to ban a specific brain function &#8211; which is to say, anything that binds with a specific receptor in the brain.</p>
<p>The Drug War has finally become essentially a battle over how your mind may function.</p>
<hr>Wake County lawyer Damon Chetson helps people accused of serious felonies, misdemeanors, drug charges, DWI and traffic offenses in Raleigh, Apex, Chapel Hill, and Cary, NC. Chapel Hill lawyer Damon Chetson also represents people charged with felonies and criminal charges in Raleigh, Cary, Apex, Chapel Hill, and Durham, North Carolina. Our lawyers are available day or night, weekdays or weekends. Call (919) 352-9411 for a free consultation.
<p><a class="a2a_dd a2a_target addtoany_share_save" href="http://www.addtoany.com/share_save#url=http%3A%2F%2Fwww.chetson.com%2F2011%2F12%2Fdrug-laws-banning-brain-stimulants%2F&amp;title=Drug%20Laws%3A%20Banning%20Brain%20Stimulants" id="wpa2a_6"><img src="http://www.chetson.com/wp-content/plugins/add-to-any/share_save_171_16.png" width="171" height="16" alt="Share"/></a></p>]]></content:encoded>
			<wfw:commentRss>http://www.chetson.com/2011/12/drug-laws-banning-brain-stimulants/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>Top 10 Drug Crime Myths</title>
		<link>http://www.chetson.com/2011/11/top-10-drug-crime-myths/</link>
		<comments>http://www.chetson.com/2011/11/top-10-drug-crime-myths/#comments</comments>
		<pubDate>Mon, 28 Nov 2011 20:07:56 +0000</pubDate>
		<dc:creator>Damon Chetson</dc:creator>
				<category><![CDATA[Raleigh Drug Lawyer]]></category>
		<category><![CDATA[raleigh drug lawyer]]></category>

		<guid isPermaLink="false">http://www.chetson.com/?p=3429</guid>
		<description><![CDATA[Many people assume that, upon an arrest for a drug crime, they will 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)...]]></description>
			<content:encoded><![CDATA[<p>Many people assume that, upon an arrest for a drug crime, they will be <span class="domtooltips">convicted<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span>, ruining their chances of keeping or finding a job, or even keeping their freedom.</p>
<p>Parents often assume that a drug arrest will necessarily mean their child will never be able to attend college, or lead a successful or fulfilling life.</p>
<p>While a Wake County drug charge requires a good Raleigh drug lawyer, there is hope.  Let&#8217;s look at some common myths.</p>
<p><OL><LI><b>A drug crime is not serious, and we can handle it on our own without hiring a Raleigh lawyer.</b></p>
<p>First, before we talk about the ways to help you, let&#8217;s look at some of the ways that a drug charge is a serious matter. Even a misdemeanor drug charge, such as possession of drug paraphernalia or a misdemeanor possession of less than a half ounce of marijuana, is a serious charge. </p>
<p>If you&#8217;re a first time offender facing such a charge, you are probably going to be eligible for the N.C.G.S. <span class="domtooltips">90-96<span class="domtooltips_tooltip" style="display: none"><span class="domtooltips">Drug diversion<span class="domtooltips_tooltip" style="display: none">Drug 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.</span></span> may be a way for a defendant to avoid a criminal record by either participating in drug treatment, completing community service, or both. <span class="domtooltips">Drug diversion<span class="domtooltips_tooltip" style="display: none">Drug 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.</span></span> 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.</span></span> program, which as of December 2011 a judge must order (instead of imposing a <span class="domtooltips">conviction<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span>.) Consult with a lawyer about your eligibility, but it&#8217;s almost always wise to have an attorney by your side even if you are eligible for this program because, in criminal cases, anything can happen.</p>
<p>But if you&#8217;ve had other criminal offenses that make you ineligible for the program, or if you&#8217;ve been charged with a Felony and are therefore ineligible for the program, you should be careful about handling these cases on your own.  </p>
<p>That&#8217;s because a drug <span class="domtooltips">conviction<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> can make you ineligible for certain jobs, ineligible for certain types of student loans, and ineligible for admission to certain colleges.</p>
<p><LI><B>The police found the… hydrocodone, oxycontin, dilaudid, etc… on me. I will be <span class="domtooltips">convicted<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span>.</b></p>
<p>Obviously there are a lot of factors that may increase or decrease your chances for <span class="domtooltips">conviction<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span>, but a police officer may not simply identify the pill, and then get on the stand to testify as to what the pill was.  Such layman interpretation of the markings on the pill, even if done by an analyst at the <span class="domtooltips">State Bureau of Investigation<span class="domtooltips_tooltip" style="display: none">The SBI, based in Garner, is North Carolina's version of the FBI.  It has a crime lab, and agents who conduct investigations usually of state-wide importance.  The SBI is operated under the auspices of the NC Department of Justice.</span></span> (<span class="domtooltips">SBI<span class="domtooltips_tooltip" style="display: none">The SBI, based in Garner, is North Carolina's version of the FBI.  It has a crime lab, and agents who conduct investigations usually of state-wide importance.  The SBI is operated under the auspices of the NC Department of Justice.</span></span>), is not sufficient to prove the drug is what the state purports it to be.  </p>
<p>Even your admission that the drug is what the state purports it to be will generally not be enough to prove it is a <span class="domtooltips">controlled substance<span class="domtooltips_tooltip" style="display: none">A 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).</span></span>.  That&#8217;s because in <em><a href="http://scholar.google.com/scholar_case?case=17119282583478219250">State v. Ward</a></em>, the North Carolina Supreme Court held that a Micromedex identification of the drugs (by using the color of the pill or markings on the pill) was not sufficiently reliable to say what the pill was.  The state must test sufficient quantities of the pills to prove they are chemically the <span class="domtooltips">controlled substance<span class="domtooltips_tooltip" style="display: none">A 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).</span></span> in question.</p>
<p>We&#8217;ve had cases where the police have the pills, throw them out in front of the defendant (for instance, down the sink), and then still charge the defendant with possession of a <span class="domtooltips">controlled substance<span class="domtooltips_tooltip" style="display: none">A 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).</span></span>.  Obviously in those cases there is no way for the State to prove the substance was an illegal drug.</p>
<p><LI><b>The police said that if I cooperate, I will earn a <span class="domtooltips">dismissal<span class="domtooltips_tooltip" style="display: none">A 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 <span class="domtooltips">VL<span class="domtooltips_tooltip" style="display: none">A 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.</span></span>, 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.</span></span></b></p>
<p>This is not quite a myth &#8211; it is possible to cooperate with police, and thereby earn a <span class="domtooltips">dismissal<span class="domtooltips_tooltip" style="display: none">A 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 <span class="domtooltips">VL<span class="domtooltips_tooltip" style="display: none">A 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.</span></span>, 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.</span></span> of the charges.  However, any <span class="domtooltips">cooperation<span class="domtooltips_tooltip" style="display: none">A defendant may reduce penalties or avoid <span class="domtooltips">conviction<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> 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.</span></span> should be overseen by your lawyer, so that you are sure you are getting credit for the <span class="domtooltips">cooperation<span class="domtooltips_tooltip" style="display: none">A defendant may reduce penalties or avoid <span class="domtooltips">conviction<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> 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.</span></span> you have given, and to be sure that the promised prize &#8211; the <span class="domtooltips">dismissal<span class="domtooltips_tooltip" style="display: none">A 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 <span class="domtooltips">VL<span class="domtooltips_tooltip" style="display: none">A 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.</span></span>, 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.</span></span> &#8211; is actually granted at the end of the case.</p>
<p>Too often we see defendants who were persuaded to cooperate, claim they have cooperated fully, but apparently don&#8217;t receive the benefits of the <span class="domtooltips">cooperation<span class="domtooltips_tooltip" style="display: none">A defendant may reduce penalties or avoid <span class="domtooltips">conviction<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> 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.</span></span>.</p>
<p><LI><B>It is best for me (or my child) to give a full a frank statement to police about his activity.</b></p>
<p>Sometimes people believe they should cooperate fully &#8211; or parents pressure their children to cooperate fully &#8211; with a police officer.</p>
<p>While <span class="domtooltips">cooperation<span class="domtooltips_tooltip" style="display: none">A defendant may reduce penalties or avoid <span class="domtooltips">conviction<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> 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.</span></span> may be a good route to take &#8211; this is generally called &#8220;<span class="domtooltips">substantial assistance<span class="domtooltips_tooltip" style="display: none">A defendant may reduce penalties or avoid <span class="domtooltips">conviction<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> 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 <span class="domtooltips">cooperation<span class="domtooltips_tooltip" style="display: none">A defendant may reduce penalties or avoid <span class="domtooltips">conviction<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> 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.</span></span> given without a defense lawyer's input may not be honored by police or prosecutors when the case is resolved.</span></span>&#8221; &#8211; it should always be done with a lawyer present (as explained above).  </p>
<p>But there&#8217;s an added problem with cooperating with police without the help of a lawyer.  The police may use any statements made during the <span class="domtooltips">cooperation<span class="domtooltips_tooltip" style="display: none">A defendant may reduce penalties or avoid <span class="domtooltips">conviction<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> 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.</span></span> against the defendant &#8211; you or your child &#8211; which means that what may originate as a small drug charge, may end up as a much more serious and complicated series of charges after the suspect &#8211; you or your child &#8211; are done telling the police everything you may have done.</p>
<p>There are ways to protect a person, but those need to be done with a lawyer, who can help you or your child enter into an agreement with the State or the United States (if it&#8217;s a federal case) that protects the statements given so they can&#8217;t be used against you or your child later on if things take a nasty turn.</p>
<p><LI><B>I should give consent to the police to search my home, my car, my belongings…</b></p>
<p>It is <i>never</i> a good idea to give consent to search.  If police come to your home, or stop you in your car, you should never give consent to search.  In fact, if you can remember to do so, you should explicitly say &#8220;I don&#8217;t give consent to search.&#8221; </p>
<p>A police officer may still potentially search your home or car, but that search will be valid only if particular legal requirements are in place, including, but not limited to, a valid search warrant.</p>
<p>Many searches are illegal, but never see a courtroom because the defendant gave consent &#8211; &#8220;I&#8217;ve got nothing to hide!&#8221;  </p>
<p>Whether or not you&#8217;ve got anything to hide, the constitution grants you the right to safe and secure in your home, your person, and your belongings, and you should take advantage of that by refusing to consent to a search.</p>
<p>If the police do decide to search even without your consent, step aside to let them do so.  Physically resisting or interfering with a search may result in additional criminal charges against you.</p>
<p><LI><B>I only had a small number of pills… These charges will be easy to resolve.</b></p>
<p>North Carolina has very harsh <span class="domtooltips">drug trafficking<span class="domtooltips_tooltip" style="display: none">Drug 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.</span></span> statutes (<a href="http://www.ncga.state.nc.us/gascripts/statutes/statutelookup.pl?statute=90-95">N.C.G.S. 90-95</a>) which kick in, for opiates, and just four grams.  Four grams is about 1/6th of an ounce. Because the statute says that the it is trafficking to have 4 grams of opiates or more, including the weight of any mixtures (fillers), a person may be accused of and potentially <span class="domtooltips">convicted<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> of Level I Trafficking in Opiates on the basis of an extremely small number of pills &#8211; under 30.</p>
<p>And because North Carolina&#8217;s <span class="domtooltips">drug trafficking<span class="domtooltips_tooltip" style="display: none">Drug 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.</span></span> statutes impose a mandatory minimum sentence of 70 months (about 6 years) in <span class="domtooltips">prison<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the <span class="domtooltips">Department of Corrections<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the Department of Corrections in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span> in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span>. The only way to be <span class="domtooltips">convicted<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> of such a charge and avoid a 6 year sentence is by providing &#8220;<span class="domtooltips">substantial assistance<span class="domtooltips_tooltip" style="display: none">A defendant may reduce penalties or avoid <span class="domtooltips">conviction<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> 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 <span class="domtooltips">cooperation<span class="domtooltips_tooltip" style="display: none">A defendant may reduce penalties or avoid <span class="domtooltips">conviction<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> 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.</span></span> given without a defense lawyer's input may not be honored by police or prosecutors when the case is resolved.</span></span>.&#8221;</p>
<p>Many people coming from other states or jurisdictions are shocked at how harsh North Carolina&#8217;s drug laws are.</p>
<p><LI><b>The drug laws are fair and equitable.</b></p>
<p>Very few people actually belief the drug laws are sensible, wise or equitable &#8211; especially people, judges, police officers, or lawyers &#8211; who are involved in the criminal justice system.  Most people recognize the inequity and harshness of them, including the incredible abuses that occur to our liberties as a result of a 40 year drug war.</p>
<p>But let&#8217;s look at one small example of how these laws are not fair.  If you&#8217;ve got no job prospects and start slinging crack rock, get busted or snitched on and pick up a felony you&#8217;ve just made yourself a <span class="domtooltips">convicted<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> felon.  Whatever meager job prospects effectively go away, and now it&#8217;s illegal for you to hold a handgun, which makes it even more dangerous to sling crack rock without protection.</p>
<p>The second time around you&#8217;re arrested, this time with a gun, so you plead guilty to a second felony.  After serving a year or so in jail, you come out, even less well-equipped to have a job, and now you&#8217;re selling crack again.</p>
<p>This time you&#8217;re arrest, and you take yet another <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span>, but you&#8217;ve now made yourself a habitual felon.</p>
<p>While the Habitual Felon laws were amended to make them slightly less harsh this year, you&#8217;re still eligible in North Carolina for a four level enhancement upon <span class="domtooltips">conviction<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> as a <span class="domtooltips">convicted<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> felon, which increases your possible sentence to 4 or 5 years, or more.</p>
<p>That&#8217;s not equitable, not fair, and no sane, for the sole act of selling something that other people were willingly buying.</p>
<p><lI><b>I&#8217;ll get rich dealing drugs, and if I&#8217;m caught, I&#8217;ll just squirrel away enough.</b></p>
<p>Actually, you won&#8217;t.  My favorite show of all time is <em>The Wire</em> by David Simon.  He essentially draws a parallel between corporate America, the political world, and the drug world.  In each of these worlds, there are people at the very top who profit off the backs of the work of people at the bottom.  In the drug world, the kingpins profit off the work of the corner boys.</p>
<p>In North Carolina, to add insult to injury, if you&#8217;re caught selling, possessing, or transporting even a moderate amount of drugs, you can expect a tax bill.  This bill &#8211; affectionately known as the Crack Tax &#8211; is officially called the Unauthorized Substance Tax Assessment or U-Sub.  </p>
<p>The idea is to effectively punish someone twice for first, having the illegal substance which is a criminal offense, and for then taxing that person for failing to report the sales of that substance over the course of the alleged illegal conduct.</p>
<p>Even though the unauthorized substance tax is meant to apply to dealers, people who have merely had an addiction to a substance can be faced with the tax assessment.</p>
<p><LI><B>I&#8217;ve had it up to here with my child.  I&#8217;m going to let him face the consequences, whatever they are.</b></p>
<p>We meet a lot of parents for whom the arrest of their child by the drug cops is the end of the line.  They&#8217;ve had it up to <i>here</I> and now want their kid to sink or swim.  While it&#8217;s understandable to take this view, the criminal justice system is a very harsh way to punish someone, especially someone in their teens or twenties who has made a series of mistakes.</p>
<p>The reason is that a drug <span class="domtooltips">conviction<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> after the age of 18 is permanent &#8211; there is no way to expunge it &#8211; and it could affect a person&#8217;s ability to get federally subsidized student loans, enter the military, go to college, and get a job.</p>
<p>While it&#8217;s understandable to want to draw the line somewhere, it probably is not the right decision to draw the line at helping in a criminal situation.  There are plenty of other ways to hold a child accountable.  Doing it by letting them &#8220;rot in jail&#8221; or &#8220;get a <span class="domtooltips">conviction<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span>&#8221; is a sure way to impose life-changing consequences that can <i>never</i> be undone.</p>
<p><LI><B>A Drug Charge is the End of the World</b></p>
<p>While a drug charge is serious &#8211; as outlined in this article &#8211; it is not necessarily the end of the world. Where <span class="domtooltips">drug diversion<span class="domtooltips_tooltip" style="display: none">Drug 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.</span></span> or deferral programs are not available, you may need to fight the charge either through a trial or a suppression motion.  Perhaps <span class="domtooltips">cooperation<span class="domtooltips_tooltip" style="display: none">A defendant may reduce penalties or avoid <span class="domtooltips">conviction<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> 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.</span></span> is the right way forward.</p>
<p>Maybe it&#8217;s a federal <span class="domtooltips">drug trafficking<span class="domtooltips_tooltip" style="display: none">Drug 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.</span></span> case where you&#8217;re eligible for <span class="domtooltips">5K1.1<span class="domtooltips_tooltip" style="display: none">A defendant may reduce penalties or avoid <span class="domtooltips">conviction<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> 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 <span class="domtooltips">cooperation<span class="domtooltips_tooltip" style="display: none">A defendant may reduce penalties or avoid <span class="domtooltips">conviction<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> 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.</span></span> given without a defense lawyer's input may not be honored by police or prosecutors when the case is resolved.</span></span> (&#8220;<span class="domtooltips">substantial assistance<span class="domtooltips_tooltip" style="display: none">A defendant may reduce penalties or avoid <span class="domtooltips">conviction<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> 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 <span class="domtooltips">cooperation<span class="domtooltips_tooltip" style="display: none">A defendant may reduce penalties or avoid <span class="domtooltips">conviction<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> 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.</span></span> given without a defense lawyer's input may not be honored by police or prosecutors when the case is resolved.</span></span>&#8221;) or USSG 3553(e) (&#8220;safety valve&#8221;) help that can reduce the punishment available to you.</p>
<p>Maybe it&#8217;s a case in which you can enter into a contract with the police and prosecutors to &#8220;do work&#8221; which results in a lesser charge or an outright <span class="domtooltips">dismissal<span class="domtooltips_tooltip" style="display: none">A 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 <span class="domtooltips">VL<span class="domtooltips_tooltip" style="display: none">A 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.</span></span>, 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.</span></span>.</p>
<p>In any case, you should consult with a Raleigh drug lawyer to see how to effectively handle your case.</p>
</ol>
<hr>Wake County lawyer Damon Chetson helps people accused of serious felonies, misdemeanors, drug charges, DWI and traffic offenses in Raleigh, Apex, Chapel Hill, and Cary, NC. Chapel Hill lawyer Damon Chetson also represents people charged with felonies and criminal charges in Raleigh, Cary, Apex, Chapel Hill, and Durham, North Carolina. Our lawyers are available day or night, weekdays or weekends. Call (919) 352-9411 for a free consultation.
<p><a class="a2a_dd a2a_target addtoany_share_save" href="http://www.addtoany.com/share_save#url=http%3A%2F%2Fwww.chetson.com%2F2011%2F11%2Ftop-10-drug-crime-myths%2F&amp;title=Top%2010%20Drug%20Crime%20Myths" id="wpa2a_8"><img src="http://www.chetson.com/wp-content/plugins/add-to-any/share_save_171_16.png" width="171" height="16" alt="Share"/></a></p>]]></content:encoded>
			<wfw:commentRss>http://www.chetson.com/2011/11/top-10-drug-crime-myths/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>Don&#8217;t Eat Crack Cocaine</title>
		<link>http://www.chetson.com/2011/09/dont-eat-crack-cocaine/</link>
		<comments>http://www.chetson.com/2011/09/dont-eat-crack-cocaine/#comments</comments>
		<pubDate>Wed, 21 Sep 2011 00:03:40 +0000</pubDate>
		<dc:creator>Damon Chetson</dc:creator>
				<category><![CDATA[Raleigh Drug Lawyer]]></category>
		<category><![CDATA[raleigh drug lawyer]]></category>

		<guid isPermaLink="false">http://www.chetson.com/?p=2948</guid>
		<description><![CDATA[In State v. Ward, the North Carolina Supreme Court held that North Carolina&#8217;s prosecutors cannot rely upon a visual examination of alleged drugs to show to a finder of fact &#8211; a juryA jury may be either a grand jury or a petit jury. A grand jury is a jury that determines whether there is...]]></description>
			<content:encoded><![CDATA[<p>In State v. Ward, the North Carolina Supreme Court held that North Carolina&#8217;s prosecutors cannot rely upon a visual examination of alleged drugs to show to a finder of fact &#8211; a <span class="domtooltips">jury<span class="domtooltips_tooltip" style="display: none">A 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 <span class="domtooltips">indictment<span class="domtooltips_tooltip" style="display: none">An 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.</span></span> 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.</span></span>, for instance &#8211; that the drugs are in fact contraband.  In other words, visual inspection of drugs is an insufficiently reliable method that the Supreme Court has excluded it as a method of proof.</p>
<p>There are certain exceptions to this rule.  For instance, marijuana is sufficiently unique in smell and look that North Carolina courts have routinely held that an officer may testify that what he observed was pot based on his experience and training.</p>
<p>Now the North Carolina Court of Appeals has established another exception.  In <i><a href="http://appellate.nccourts.org/opinions/?c=2&#038;pdf=MjAxMS8xMC0xMzc1LTEucGRm">State v. James</a></i> (September 20, 2011), the Court of Appeals heard a case where a police arrested a person suspected of Felony Possession With Intent to Sell and/or Deliver Cocaine (<span class="domtooltips">PWISD<span class="domtooltips_tooltip" style="display: none">PWISD 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.</span></span>) (Crack).  </p>
<p>The police conducted a field test &#8211; Narcotics Field Test Kit (NIK Test) &#8211; of the substance which preliminary identified the sustance as cocaine base (crack).  </p>
<p>In addition, the police officer visually identified the substance as crack cocaine.  </p>
<p>However, before the state could test the material in an actual laboratory, the Defendant ate the crack cocaine.  </p>
<p>The Court of Appeals held that, having eaten the crack cocaine, the Defendant forfeited his right to challenge the admission of the police officers&#8217; testimony based on the Defendant&#8217;s own wrongdoing.</p>
<p>The lesson here: Don&#8217;t Eat Crack.</p>
<hr><a href="http://www.chetson.com">Raleigh criminal lawyer</a> Damon Chetson helps individuals charged with crimes - misdemeanors, felonies, and DWI and traffic charges - in Raleigh, Cary, Apex and other communities in Wake County and the Research Triangle of North Carolina. Durham DWI lawyer Damon Chetson also represents people throughout the Research Triangle.  We are available day or night, weekdays or weekends. Call (919) 352-9411 day or night.
<p><a class="a2a_dd a2a_target addtoany_share_save" href="http://www.addtoany.com/share_save#url=http%3A%2F%2Fwww.chetson.com%2F2011%2F09%2Fdont-eat-crack-cocaine%2F&amp;title=Don%26%238217%3Bt%20Eat%20Crack%20Cocaine" id="wpa2a_10"><img src="http://www.chetson.com/wp-content/plugins/add-to-any/share_save_171_16.png" width="171" height="16" alt="Share"/></a></p>]]></content:encoded>
			<wfw:commentRss>http://www.chetson.com/2011/09/dont-eat-crack-cocaine/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>Bath Salts?  Drug Possession Enhancements</title>
		<link>http://www.chetson.com/2011/07/bath-salts-drug-possession-enhancements/</link>
		<comments>http://www.chetson.com/2011/07/bath-salts-drug-possession-enhancements/#comments</comments>
		<pubDate>Thu, 14 Jul 2011 18:42:20 +0000</pubDate>
		<dc:creator>Damon Chetson</dc:creator>
				<category><![CDATA[Criminal Defense Lawyer]]></category>
		<category><![CDATA[raleigh drug lawyer]]></category>

		<guid isPermaLink="false">http://www.chetson.com/?p=2842</guid>
		<description><![CDATA[I have had clients accused of possessing synthetic drugs &#8211; 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,...]]></description>
			<content:encoded><![CDATA[<p>I have had clients accused of possessing synthetic drugs &#8211; 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.</p>
<p>Now North Carolina has gotten into the act, creating a new felony for the possession of such drugs.  It&#8217;s unclear to me what tests currently are available for the detection of these &#8220;drugs&#8221; other than labeling. </p>
<p>But North Carolina&#8217;s General Assembly has now added mephedrone, synthetic cannabinoids, methyenedioxyprovalerone, and certain derivatives of 2-amino-1-phenyl-1-proponone to the list of controlled substances.</p>
<p>So if you&#8217;ve got any 2-amino-1-phenyl-1-proponone on you, be aware that you are in possession of a <span class="domtooltips">controlled substance<span class="domtooltips_tooltip" style="display: none">A 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).</span></span>.</p>
<hr>Damon Chetson is a North Carolina Lawyer. He practices in Raleigh, Apex, and Cary, North Carolina.  He also defends individuals charged with crimes throughout the Research Triangle. He works hard to defend his clients' rights. He represents people charged in all parts of the Research Triangle.  If you're looking for a lawyer in Raleigh or Wake County, NC, you can call the us for a free consultation at (919) 352-9411 weekdays, evenings, weekends, and Holidays.
<p><a class="a2a_dd a2a_target addtoany_share_save" href="http://www.addtoany.com/share_save#url=http%3A%2F%2Fwww.chetson.com%2F2011%2F07%2Fbath-salts-drug-possession-enhancements%2F&amp;title=Bath%20Salts%3F%20%20Drug%20Possession%20Enhancements" id="wpa2a_12"><img src="http://www.chetson.com/wp-content/plugins/add-to-any/share_save_171_16.png" width="171" height="16" alt="Share"/></a></p>]]></content:encoded>
			<wfw:commentRss>http://www.chetson.com/2011/07/bath-salts-drug-possession-enhancements/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>Violence has become a way of life</title>
		<link>http://www.chetson.com/2011/01/violence-has-become-a-way-of-life/</link>
		<comments>http://www.chetson.com/2011/01/violence-has-become-a-way-of-life/#comments</comments>
		<pubDate>Sun, 09 Jan 2011 23:20:38 +0000</pubDate>
		<dc:creator>Damon Chetson</dc:creator>
				<category><![CDATA[Raleigh Drug Lawer]]></category>
		<category><![CDATA[raleigh drug lawyer]]></category>

		<guid isPermaLink="false">http://www.chetson.com/?p=2159</guid>
		<description><![CDATA[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,...]]></description>
			<content:encoded><![CDATA[<p><a href="http://www.theagitator.com/2011/01/09/violence-government-violence-and-anti-government-rhetoric/">Radley Balko has an excellent post</a> 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. </p>
<p>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.</p>
<hr><a href="http://www.chetson.com">Raleigh criminal lawyer</a> Damon Chetson helps individuals charged with crimes - misdemeanors, felonies, and DWI and traffic charges - in Raleigh, Cary, Apex and other communities in Wake County and the Research Triangle of North Carolina. Durham DWI lawyer Damon Chetson also represents people throughout the Research Triangle.  We are available day or night, weekdays or weekends. Call (919) 352-9411 day or night.
<p><a class="a2a_dd a2a_target addtoany_share_save" href="http://www.addtoany.com/share_save#url=http%3A%2F%2Fwww.chetson.com%2F2011%2F01%2Fviolence-has-become-a-way-of-life%2F&amp;title=Violence%20has%20become%20a%20way%20of%20life" id="wpa2a_14"><img src="http://www.chetson.com/wp-content/plugins/add-to-any/share_save_171_16.png" width="171" height="16" alt="Share"/></a></p>]]></content:encoded>
			<wfw:commentRss>http://www.chetson.com/2011/01/violence-has-become-a-way-of-life/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>Fair Sentencing and DWI Convictions</title>
		<link>http://www.chetson.com/2010/07/fair-sentencing-and-dwi-convictions/</link>
		<comments>http://www.chetson.com/2010/07/fair-sentencing-and-dwi-convictions/#comments</comments>
		<pubDate>Fri, 23 Jul 2010 17:18:11 +0000</pubDate>
		<dc:creator>Damon Chetson</dc:creator>
				<category><![CDATA[Criminal Lawyer Raleigh]]></category>
		<category><![CDATA[Criminal Defense Lawyer]]></category>
		<category><![CDATA[dwi lawyer raleigh]]></category>
		<category><![CDATA[raleigh criminal lawyer]]></category>
		<category><![CDATA[raleigh drug lawyer]]></category>

		<guid isPermaLink="false">http://www.chetson.com/?p=1798</guid>
		<description><![CDATA[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...]]></description>
			<content:encoded><![CDATA[<p>North Carolina uses a <span class="domtooltips">structured sentencing<span class="domtooltips_tooltip" style="display: none">Structured 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.</span></span> system for most of its criminal law.  This system is a grid system where a person&#8217;s prior record level and the seriousness of the current crime are used to establish a sentencing range.  Within that range, the judge can set an appropriate sentence. If you have questions about this, contact a criminal lawyer Raleigh at (919) 352-9411.</p>
<p>But <span class="domtooltips">DWI<span class="domtooltips_tooltip" style="display: none">A DWI is a Driving While Impaired offense.  It is more commonly referred to as drunk driving.  In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used.  North Carolina's DWI is a misdemeanor, punishable by up to three years in jail.</span></span> sentences are handled differently.  <span class="domtooltips">DWI<span class="domtooltips_tooltip" style="display: none">A DWI is a Driving While Impaired offense.  It is more commonly referred to as drunk driving.  In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used.  North Carolina's DWI is a misdemeanor, punishable by up to three years in jail.</span></span> sentencing is governed by North Carolina&#8217;s Fair Sentencing law which, in addition to the judge&#8217;s decision at the time of sentencing, governs how much time the person will serve.</p>
<p>Let&#8217;s look at the most serious <span class="domtooltips">DWI<span class="domtooltips_tooltip" style="display: none">A DWI is a Driving While Impaired offense.  It is more commonly referred to as drunk driving.  In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used.  North Carolina's DWI is a misdemeanor, punishable by up to three years in jail.</span></span> level.  If someone has two grossly aggravating factors, that person will be sentenced as an Aggravated Level 1 offender, if <span class="domtooltips">convicted<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> of a <span class="domtooltips">DWI<span class="domtooltips_tooltip" style="display: none">A DWI is a Driving While Impaired offense.  It is more commonly referred to as drunk driving.  In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used.  North Carolina's DWI is a misdemeanor, punishable by up to three years in jail.</span></span>.  The judge can impose a sentence of up to 3 years in <span class="domtooltips">prison<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the <span class="domtooltips">Department of Corrections<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the Department of Corrections in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span> in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span> according to the statute, and fine you up to $10,000.</p>
<p> While a person <span class="domtooltips">convicted<span class="domtooltips_tooltip" style="display: none">A conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a <span class="domtooltips">plea<span class="domtooltips_tooltip" style="display: none">A <span class="domtooltips">plea agreement<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> 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.</span></span> - of guilt.</span></span> of <span class="domtooltips">DWI<span class="domtooltips_tooltip" style="display: none">A DWI is a Driving While Impaired offense.  It is more commonly referred to as drunk driving.  In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used.  North Carolina's DWI is a misdemeanor, punishable by up to three years in jail.</span></span> may be paroled into DART (a substance abuse treatment program administered by the <span class="domtooltips">DOC<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the <span class="domtooltips">Department of Corrections<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the Department of Corrections in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span> in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span>), the person will probably serve two years in <span class="domtooltips">prison<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the <span class="domtooltips">Department of Corrections<span class="domtooltips_tooltip" style="display: none">A prison is a facility, operated by the Department of Corrections in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span> in North Carolina or the <span class="domtooltips">Bureau of Prisons<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> in the federal system, where an offender is sent to serve an active prison sentence of some length.</span></span>, instead of three years.</p>
<hr><a href="http://www.chetson.com">Raleigh criminal lawyer</a> Damon Chetson helps individuals charged with crimes - misdemeanors, felonies, and DWI and traffic charges - in Raleigh, Cary, Apex and other communities in Wake County and the Research Triangle of North Carolina. Durham DWI lawyer Damon Chetson also represents people throughout the Research Triangle.  We are available day or night, weekdays or weekends. Call (919) 352-9411 day or night.
<p><a class="a2a_dd a2a_target addtoany_share_save" href="http://www.addtoany.com/share_save#url=http%3A%2F%2Fwww.chetson.com%2F2010%2F07%2Ffair-sentencing-and-dwi-convictions%2F&amp;title=Fair%20Sentencing%20and%20DWI%20Convictions" id="wpa2a_16"><img src="http://www.chetson.com/wp-content/plugins/add-to-any/share_save_171_16.png" width="171" height="16" alt="Share"/></a></p>]]></content:encoded>
			<wfw:commentRss>http://www.chetson.com/2010/07/fair-sentencing-and-dwi-convictions/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>Weights Matter: Drug Lawyer Raleigh Suggests Weighing the Drugs</title>
		<link>http://www.chetson.com/2010/06/weights-matter-drug-lawyer-raleigh-suggests-weighing-the-drugs/</link>
		<comments>http://www.chetson.com/2010/06/weights-matter-drug-lawyer-raleigh-suggests-weighing-the-drugs/#comments</comments>
		<pubDate>Sun, 20 Jun 2010 02:38:23 +0000</pubDate>
		<dc:creator>Damon Chetson</dc:creator>
				<category><![CDATA[Raleigh Drug Lawer]]></category>
		<category><![CDATA[Criminal Defense Lawyer]]></category>
		<category><![CDATA[criminal lawyer apex]]></category>
		<category><![CDATA[drug lawyer raleigh]]></category>
		<category><![CDATA[raleigh drug lawyer]]></category>

		<guid isPermaLink="false">http://www.chetson.com/?p=1771</guid>
		<description><![CDATA[If you&#8217;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 trafficking 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...]]></description>
			<content:encoded><![CDATA[<p>If you&#8217;ve been accused of trafficking, <span class="domtooltips">drug trafficking<span class="domtooltips_tooltip" style="display: none">Drug 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.</span></span>, or federal <span class="domtooltips">drug trafficking<span class="domtooltips_tooltip" style="display: none">Drug 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.</span></span> crimes in Raleigh or other parts of North Carolina, you may want to ask your Raleigh drug lawyer, or Raleigh trafficking lawyer to check on the weights of the drugs allegedly found in your possession.</p>
<p>That&#8217;s because North Carolina <span class="domtooltips">drug trafficking<span class="domtooltips_tooltip" style="display: none">Drug 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.</span></span> 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.</p>
<p>Federal <span class="domtooltips">drug trafficking<span class="domtooltips_tooltip" style="display: none">Drug 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.</span></span> 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.</p>
<p>By requesting that authorities re-weigh the drugs &#8211; especially if the amount initially came in at a weigh that was on the border between a higher and lower trafficking level &#8211; may result in substantially less criminal liability.</p>
<hr><a href="http://www.chetson.com">Raleigh criminal lawyer</a> Damon Chetson helps individuals charged with crimes - misdemeanors, felonies, and DWI and traffic charges - in Raleigh, Cary, Apex and other communities in Wake County and the Research Triangle of North Carolina. Durham DWI lawyer Damon Chetson also represents people throughout the Research Triangle.  We are available day or night, weekdays or weekends. Call (919) 352-9411 day or night.
<p><a class="a2a_dd a2a_target addtoany_share_save" href="http://www.addtoany.com/share_save#url=http%3A%2F%2Fwww.chetson.com%2F2010%2F06%2Fweights-matter-drug-lawyer-raleigh-suggests-weighing-the-drugs%2F&amp;title=Weights%20Matter%3A%20Drug%20Lawyer%20Raleigh%20Suggests%20Weighing%20the%20Drugs" id="wpa2a_18"><img src="http://www.chetson.com/wp-content/plugins/add-to-any/share_save_171_16.png" width="171" height="16" alt="Share"/></a></p>]]></content:encoded>
			<wfw:commentRss>http://www.chetson.com/2010/06/weights-matter-drug-lawyer-raleigh-suggests-weighing-the-drugs/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>Raleigh Drug Lawyer &#8211; Fighting Drug Charges in North Carolina</title>
		<link>http://www.chetson.com/2010/06/raleigh-drug-lawyer-fighting-drug-charges-in-north-carolina/</link>
		<comments>http://www.chetson.com/2010/06/raleigh-drug-lawyer-fighting-drug-charges-in-north-carolina/#comments</comments>
		<pubDate>Wed, 16 Jun 2010 16:30:51 +0000</pubDate>
		<dc:creator>Damon Chetson</dc:creator>
				<category><![CDATA[Raleigh Drug Lawer]]></category>
		<category><![CDATA[drug lawyer raleigh]]></category>
		<category><![CDATA[raleigh drug lawyer]]></category>

		<guid isPermaLink="false">http://www.chetson.com/?p=1754</guid>
		<description><![CDATA[Whether you&#8217;ve been charged with having drugs Raleigh at a Widespread Panic concert, prescription drugs unlawfully in your home or dorm room, or you&#8217;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...]]></description>
			<content:encoded><![CDATA[<p>Whether you&#8217;ve been charged with having drugs Raleigh at a Widespread Panic concert, prescription drugs unlawfully in your home or dorm room, or you&#8217;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.</p>
<p>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 <span class="domtooltips">drug diversion<span class="domtooltips_tooltip" style="display: none">Drug 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.</span></span> or misdemeanor <span class="domtooltips">drug diversion<span class="domtooltips_tooltip" style="display: none">Drug 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.</span></span> (<span class="domtooltips">90-96<span class="domtooltips_tooltip" style="display: none"><span class="domtooltips">Drug diversion<span class="domtooltips_tooltip" style="display: none">Drug 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.</span></span> may be a way for a defendant to avoid a criminal record by either participating in drug treatment, completing community service, or both. <span class="domtooltips">Drug diversion<span class="domtooltips_tooltip" style="display: none">Drug 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.</span></span> 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.</span></span>) program.  These programs are offered by the Wake County <span class="domtooltips">District Attorney<span class="domtooltips_tooltip" style="display: none">A 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.</span></span> and administered through Southlight, an addiction treatment program in Wake County.</p>
<p>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.</p>
<p>If you&#8217;ve been charged with drug manufacturing, selling drugs, <span class="domtooltips">possession with intent to sell and deliver<span class="domtooltips_tooltip" style="display: none">PWISD 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.</span></span> (<span class="domtooltips">PWISD<span class="domtooltips_tooltip" style="display: none">PWISD 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.</span></span>), maintaining a dwelling, or <span class="domtooltips">drug trafficking<span class="domtooltips_tooltip" style="display: none">Drug 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.</span></span> crime, you absolutely need legal representation to help you defend against these charges.</p>
<p>That&#8217;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.</p>
<p>And if you&#8217;ve been   charged with <span class="domtooltips">drug trafficking<span class="domtooltips_tooltip" style="display: none">Drug 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.</span></span>, you need to talk to a lawyer who understands how both the state <span class="domtooltips">drug trafficking<span class="domtooltips_tooltip" style="display: none">Drug 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.</span></span> laws work and also how to defend you in federal court.  That&#8217;s because the federal government &#8211; through the United States Attorney for the Eastern District of North Carolina (EDNC) &#8211; will frequently take cases &#8220;federal,&#8221; which can result in substantially harsher sentences.</p>
<p>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.</p>
<hr>If you're in need of a tough, experienced Raleigh, Cary or Apex criminal lawyer, call our offices day or night.  The Chetson Firm represents individuals charged throughout the Research Triangle - Wake, Durham, Orange, and Chatham counties. Call anytime - (919) 352-9411 - weekdays, weekends, evenings or holidays.
<p><a class="a2a_dd a2a_target addtoany_share_save" href="http://www.addtoany.com/share_save#url=http%3A%2F%2Fwww.chetson.com%2F2010%2F06%2Fraleigh-drug-lawyer-fighting-drug-charges-in-north-carolina%2F&amp;title=Raleigh%20Drug%20Lawyer%20%26%238211%3B%20Fighting%20Drug%20Charges%20in%20North%20Carolina" id="wpa2a_20"><img src="http://www.chetson.com/wp-content/plugins/add-to-any/share_save_171_16.png" width="171" height="16" alt="Share"/></a></p>]]></content:encoded>
			<wfw:commentRss>http://www.chetson.com/2010/06/raleigh-drug-lawyer-fighting-drug-charges-in-north-carolina/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
	</channel>
</rss>

