In this article, you can discover:
- The main differences between drug misdemeanors and felonies in North Carolina.
- Options for first-time drug offenders to dismiss their charges.
- The value of having local legal representation even when pleading guilty.
What Are The Most Common Types Of Drug Charges In North Carolina?
In North Carolina, the most frequent drug charges we address involve possession and possession with the intent to sell, manufacture, and deliver. These charges encompass a variety of drugs including marijuana, cocaine, and multiple drug schedules, with schedule two and three drugs, like cocaine or certain prescription medications, being especially prevalent.
How Is A Drug Charge Classified As A Misdemeanor Or Felony In North Carolina?
The primary factors are the quantity and type of drug. North Carolina has scheduled drugs, a system where the legislature categorizes drugs based on their potential for abuse and any medical purpose they might serve. The most dangerous, such as heroin, fall under Schedule I and are typically felonies. However, possession of Schedule VI drugs like marijuana is a misdemeanor, while most other schedules are felonies.
Are There Alternative Sentences For First-Time Drug Offenders In North Carolina?
Absolutely. North Carolina offers drug diversion sentencing for those with relatively clean records. If eligible, and if they follow specific court rules typically for six months to a year, their case could be dismissed entirely. This is possible through the 90-95 legislation, enabling structured sentencing to expunge the charge from a first-time offender’s record potentially.
What Are The Primary Defenses Against Drug Charges In North Carolina?
Defenses often revolve around the circumstances of the drug’s discovery. Was the search by law enforcement lawful? Can the drug’s presence be directly tied to the individual? Another common defense, especially for prescription medications, is whether they were legally prescribed and potentially just not in the original container.
Is It Essential To Have A Wilson, North Carolina Defense Attorney If I Intend To Plead Guilty?
Absolutely. It’s highly beneficial to have an attorney familiar with the local system. Our firm, for instance, has established connections with officers in drug units and district attorneys who prosecute these crimes. Knowing the system’s intricacies can aid in securing a more favorable outcome for you, even when pleading guilty.