Greensboro Drug Possession Lawyer

Dedicated Drug Possession Attorney in Greensboro

The illegal possession of controlled substances is a serious crime. If you’ve been charged, you should hire a Greensboro drug possession lawyer right away. Your lawyer can help you identify flaws in the prosecution’s case and construct an effective defense, potentially avoiding prison time.

Work With LAWSMITH, The Law Offices of J. Scott Smith, PLLC

The team here at LAWSMITH, The Law Offices of J. Scott Smith, PLLC, has been practicing criminal law for years. We have extensive experience in handling complex drug possession cases and have defended countless clients facing these serious charges successfully. We have a reputation for honesty and professionalism, and we provide every client with personalized legal services designed to fit their needs.

Why Hire a Drug Possession Lawyer?

From 2019 to 2022, one in seven of the criminal offenses reported were drug crimes. A total of 81% of the cases reported involved possessing or concealing illegal substances, and marijuana was the most frequently reported drug type, appearing in 59% of all cases. No matter what type of drug you’ve been accused of having, you should hire a drug possession lawyer to help you with your case. Your lawyer can:

• Help you navigate complex legal processes
• Evaluate the evidence and interview witnesses
• Come up with an effective defense strategy
• Negotiate a plea deal with the prosecution if you decide to plead guilty
• Provide you with courtroom representation if your drug possession case goes to trial

You don’t want to arrive at the Guilford County Courthouse without legal representation. Working with a Greensboro drug possession lawyer is an effective way to improve your odds of a successful outcome in your case, whether you’re facing simple possession charges or possession with the intent to distribute.

Understanding Constructive Possession

Actual possession involves having drugs on your person, and it’s relatively easy to prove. Constructive possession is different. It involves having drugs in a place that is under your control, such as your home or your car. You may still face charges for constructive possession, but it may  be harder for the prosecutor to prove them in court.

Drug Possession Penalties in North Carolina

North Carolina has a complex system in place for punishing drug-related offenses. It’s outlined in N.C.G.S. 90-95. According to this law, first-time possession offenders with no prior records may be eligible for  community punishment. This does not apply to possession of large quantities of certain drugs, which typically lead to trafficking charges.

Here’s what you need to know about the different types of drug possession penalties you could face in North Carolina:

• Most Schedule I drugs. The possession of most Schedule I drugs is a Class I felony punishable by up to 24  months in prison  and a discretionary fine.
• MDPV. The possession of one gram or less of MDPV is a Class 1 misdemeanor punishable by 1-120 days in jail and a discretionary fine.
• Most Schedule II-IV drugs. The possession of most Schedule II-IV drugs is a Class 1 misdemeanor punishable by 1-120 days in jail and a discretionary fine.
• Certain Schedule II-IV drugs. The possession of methamphetamine, amphetamine, PCP, cocaine,  is a Class I felony punishable by up to 24  months in prison  and a discretionary fine.
• Possession of fentanyl or carfentanil is a Class H felony punishable by up to 39 months in prison
• Hydromorphone. The possession of more than four tablets of hydromorphone is a Class I felony punishable by up to 24  months in prison  and a discretionary fine.
• Schedule V drugs. The possession of a Schedule V substance is a Class 2 misdemeanor punishable by 1-60 days in jail and a fine of up to $1,000.
• Most Schedule VI drugs. The possession of most Schedule VI drugs is a Class 3 misdemeanor punishable by up to 20 days in jail and up to a $200 fine if you have more than three prior convictions.
• Marijuana. The possession of >0.5 and less than or equal to  1.5 ounces of marijuana or more than 0.05 but less than or equal  to 0.15 ounces of hashish is a Class 1 misdemeanor punishable by up to 120 days in jail and discretionary fines.

FAQs

How Do You Defend Against a Drug Possession Charge?

You can defend against a drug possession charge with the help of a Greensboro drug possession attorney. Your attorney can evaluate the evidence and the prosecution’s case against you, look for constitutional violations that could lead to the dismissal of incriminating evidence or statements, and construct an effective defense strategy. They can also negotiate a plea deal with the prosecution if you decide not to take the case to court.

What’s the Minimum Sentence for Drug Possession in North Carolina?

The minimum sentence for drug possession in North Carolina varies depending on the type of charges you are facing. You may face a suspended sentence or probation for a misdemeanor charge, but you may  do some prison time for a felony drug charge. Sentencing is determined based on the North Carolina Structured Sentencing guidelines.

What Is the Three-Strikes Rule for Drugs?

Unlike some states, there is no three-strikes rule for drugs in North Carolina. However, the Tar Heel State does have a Habitual Felons statute, N.C.G.S. 14-7.1, that applies to habitual felony offenders, more generally. Under this statute, being convicted of a fourth or subsequent felony elevates your offense, and you can be punished as a Class C felon.

Your Greensboro Drug Possession Lawyer

If you’ve been caught with drugs, you need to take the situation very seriously. A Greensboro drug possession lawyer can help you construct an effective defense against the charges you are facing.

You can trust the team here at LAWSMITH, The Law Offices of J. Scott Smith, PLLC, to help. We have been practicing criminal defense law for years. In that time, we’ve developed a keen understanding of North Carolina drug possession laws and how to leverage them to get our clients the results they need and deserve. Don’t just resign yourself to doing time. Contact us to schedule an initial consultation today.