Being caught in possession of illegal substances can be a frightening experience, especially if you are innocent. North Carolina considers drug possession a serious crime. You may face more than legal consequences; you could face difficulty maintaining personal and professional relationships. Our Raleigh Drug Possession Lawyers can help.
Don’t assume that if a police officer found a substance in your belongings that the case is black and white. There are many factors that play into a drug possession charge, like the type of drug, the situation in which it was found, and the amount. The drug laws in North Carolina are based on six schedules, from extremely addictive and wholly illegal substances like LSD in schedule I to least likely to abuse drugs like marijuana in schedule VI.
Scharff Law Firm in Raleigh has been fighting drug related charges for as long as the state has been trying to crackdown on substance abuse. We believe that these cases are not straightforward and that everyone deserves a high level defense that takes all aspects of a situation into consideration. The time to contact a drug possession attorney for help with your case is the moment you are able.
Being Arrested in Possession of Drugs
If you are stopped and questioned by a police officer, searched, or caught in another situation, the best way to handle the interaction is to remain patient and exercise your right to remain silent. Provide law enforcement with any required documentation and let them know you are exercising your right to remain silent. Refuse consent to search any of your property. If you are arrested, ask to speak to your Raleigh drug crimes lawyer.
If you have not been arrested, you may still want to consult a defense attorney. Law enforcement may be monitoring, investigating, or otherwise have you on their radar for drug or other related offenses. In some cases, their investigation may be wholly unconstitutional, and may be grounds for dismissal in any future case.
Possession Charges in North Carolina
If you have been charged with possession, we can help you evaluate all aspects of the charges to determine the maximum sentencing if convicted. Knowing the worst case scenario allows us to be prepared for every possible course of action and tailor a defense strategy to your needs.
In general, possession charges in our state are usually considered misdemeanors. Here is the schedule of controlled, dangerous substances and their corresponding legal charges:
- Schedule I – LSD, heroin, and ecstasy – class I felony
- Schedule II – Addictive substances, such as cocaine, opium, and methamphetamine – class 1 misdemeanor
- Schedule III – Addictive, but also with medical use, such as ketamine and steroids – class 1 misdemeanor
- Schedule IV – Prescriptions like valium and Xanax – class 1 misdemeanor
- Schedule V – Prescriptions that aren’t as addictive, but still have the potential for abuse like codeine – class 1 misdemeanor
- Schedule VI – marijuana is the most notable drug in this category – class 3 misdemeanor
See our page on North Carolina’s Controlled Substances to learn more about drug charges.
The amount and circumstances of the arrest will impact the severity of the charges. Prior convictions and extenuating factors such as another crime taking place at the time will also impact how you are charged.
Even if you have no criminal history, the consequences associated with possession charges can cost fines and jail time. Secure the representation of a qualified defense attorney as quickly as possible to avoid facing legal consequences that you may not deserve. It is our job as legal defenders to ensure your rights are protected throughout a case and that your experience with the legal system is fair.
Get in touch with our Raleigh drug possession attorneys today for a free drug possession consultation. We’re ready to protect and fight for you.