Category: Hiring an Attorney

• Protect Your Rights in Raleigh With a Drug Charges Lawyer

  September 16, 2024

  

  When you’re facing drug charges in Raleigh, the legal system can feel overwhelming. You may wonder what comes next or how to protect yourself from harsh penalties. That’s where a drug charges lawyer steps in to guide you through the process.

  We understand these situations bring uncertainty and stress, and we want to help you feel confident in your defense. With the right legal approach, you can work toward the best possible outcome.

  Let’s walk through what you can expect and how we can help protect your rights every step of the way.

  Drug Offenses and Their Penalties in North Carolina

  If you’re facing drug offenses in North Carolina, understanding the potential penalties can help you prepare for what lies ahead. North Carolina has strict drug laws, and the consequences for violating them can be severe.

  Whether it’s a charge related to drug possession, drug trafficking, or prescription drugs, the penalties can impact your life in ways you might not expect.

  Let’s explore how North Carolina handles drug offenses and what you can expect depending on the controlled substance involved.

  Drug Offenses Vary by Substance and Quantity

  In North Carolina, drug crimes are classified by the type of controlled substance and the amount involved.

  Drugs are categorized into schedules, with Schedule I drugs like heroin and ecstasy carrying the harshest penalties. The further down the schedule list you go—schedule II, III, IV, V and VI—the penalties generally become less severe, though they’re still significant.

  

  Here’s a list of how North Carolina schedules drugs:

  • Schedule I – LSD, heroin, and ecstasy
  • Schedule II – Addictive substances such as cocaine, opium, and methamphetamine
  • Schedule III – Addictive, but also with medical use such as ketamine and steroids
  • Schedule IV – Prescriptions like valium and Xanax
  • Schedule V – Prescriptions that aren’t as addictive, but still have the potential for abuse
  • Schedule VI – Marijuana is the most notable drug in this category

  For instance, a charge related to Schedule II drugs like cocaine or methamphetamines can result in heavy fines and long prison sentences, especially if you’re accused of drug trafficking.

  Prescription drugs can also lead to criminal charges if you’re found possessing them without a valid prescription or if you’re involved in illegal distribution. It’s important to know that even small amounts of a controlled substance can lead to serious consequences.

  Penalties for Drug Possession

  If you’re caught with a controlled substance, the penalties depend on both the type and amount of the drug.

  Simple possession of marijuana, for instance, is treated differently than possession of cocaine or prescription drugs. Marijuana possession for personal use can result in misdemeanor charges, but if law enforcement suspects drug distribution, you could face a felony offense.

  Possession of more dangerous drugs, like heroin or methamphetamine, typically results in a felony drug charge, which can lead to years in prison. Even first-time offenders can face steep penalties, so having the right legal representation is essential.

  Building a defense that challenges the evidence against you and aims to minimize the consequences of your drug charge is critical.

  Drug Trafficking and Distribution

  Drug trafficking charges are some of the most serious drug crimes you can face in North Carolina. These offenses involve the illegal sale, transportation, or distribution of controlled substances.

  Trafficking in large quantities of illegal drugs like cocaine, heroin, or even prescription drugs can lead to mandatory minimum sentences. For example, a trafficking conviction for Schedule I drugs like heroin can result in a minimum of 70 months in prison.

  The penalties increase with the amount of drugs involved. For instance, trafficking a larger quantity of a controlled substance could mean decades in prison and thousands of dollars in fines.

  The legal process for drug trafficking charges is complex, and law enforcement officers work hard to build a strong case against you. That’s why a solid defense strategy is critical from the start.

  You don’t have to go through this alone. Reach out to Scharff Law today for a FREE consultation to discuss your drug case and start building your defense strategy.

  

  Defend Against Drug Crimes Charges With the Right Strategy

  When you’re facing drug charges, it’s essential to have the right strategy in place from the very beginning.

  The stakes are high, and without a solid defense, you could be looking at severe penalties, including jail time and a permanent criminal record.

  Whether you’re charged with drug possession, drug trafficking, or a related drug crime, an experienced lawyer can work with you to create a robust defense strategy tailored to your case.

  Let’s break down how to defend yourself against drug crime charges.

  Understand the Drug Laws You’re Facing

  Drug crimes in North Carolina can range from simple drug possession charges to more serious offenses like drug trafficking. The specific controlled substances involved, such as schedule II drugs or schedule III drugs, can determine the severity of the penalties you face.

  Controlled dangerous substances like cocaine, marijuana, or even prescription drugs can all lead to criminal charges. But understanding the details of your drug charge is the first step in crafting a defense that protects your future.

  For example, the laws surrounding drug offenses can be incredibly complex. You might face drug possession charges if you’re found with illegal drugs or drug paraphernalia, while more severe charges like drug manufacturing or drug trafficking can involve larger quantities of controlled substances.

  Whether it’s an accusation of illegal possession or a drug distribution case, ensure you’re fully informed on every aspect of your situation.

  Building a Solid Defense Strategy With Your Drug Charges Lawyer

  We work closely with you to build a robust defense strategy that considers every angle of your case. This includes examining how law enforcement officers handled the situation.

  • Did they have probable cause for a search?
  • Were your rights violated at any point during the arrest or investigation?

  These details can have a huge impact on your defense and may be the difference between a drug crime conviction and having the charges reduced or dismissed.

  As attorneys, our goal is to poke holes in the prosecution’s case and highlight any weaknesses. If you were caught with prescription drugs, for instance, we investigate whether you had a valid reason for possessing them.

  In cases of drug trafficking charges, we challenge the evidence presented and ensure that law enforcement properly followed the legal process. 

  When it comes to defending against drug crimes, every detail matters.

  

  Drug Charges Lawyer: The Importance of Legal Representation

  One of the most critical aspects of defending against drug crime charges is having an experienced drug crime lawyer by your side. 

  Skilled criminal defense attorneys know the nuances of drug crime cases and how to navigate them effectively. They understand the significance of a drug charge defense and are equipped to fight for the best outcome possible.

  Without proper legal representation, you risk facing significant penalties that could affect your life for years to come. Drug crime convictions can lead to a felony offense on your record, making it difficult to find employment or housing in the future.

  But with an experienced drug defense attorney on your side, you can feel confident that your defense will be thorough and strategic.

  Protecting Your Future

  A drug conviction can have long-lasting effects, but it doesn’t have to define your future. Experienced drug crimes attorneys ensure you have the legal knowledge and support to fight these charges head-on.

  With a skilled drug charges lawyer, you can build a defense that stands up in court. Protect your rights and your future by using every legal option available to fight your charges.

  

  Scharff Law: Experienced Drug Crime Attorneys in Raleigh, NC

  When you’re facing drug charges in Raleigh, you need a legal team that understands the complexities of drug crime cases and is ready to defend your rights.

  At Scharff Law, we have extensive experience in handling drug-related offenses, from simple possession to serious trafficking charges. 

  We know how these charges can affect your life, and we work closely with you to create a defense strategy tailored to your situation.

  Comprehensive Defense for Drug Charges

  Drug charges in North Carolina can be overwhelming, with severe penalties and long-lasting consequences. You may be dealing with the stress of:

  • Simple possession
  • Drug trafficking
  • Maintaining a dwelling for drug-related purposes
  • Possession with the intent to sell
  • Possession of paraphernalia
  • Manufacturing or cultivating illegal substances
  • Prescription fraud

  We’re here to guide you through every step of the legal process. The laws surrounding controlled substances are strict, and a conviction can lead to jail time, heavy fines, and a permanent criminal record.

  At Scharff Law, we take a comprehensive approach to defending your case. We examine every detail, including how law enforcement officers handled your arrest and whether your rights were violated during the search or seizure process.

  From drug paraphernalia charges to accusations of drug distribution, our goal is to challenge the evidence against you and work toward the best possible outcome.

  Fighting for Your Future

  A drug conviction can drastically alter your life, but we’re here to ensure that doesn’t happen without a fight.

  Whether you’re facing charges for illegal substances like heroin, cocaine, or even marijuana possession, we’ll develop a robust defense strategy designed to protect your future. This might involve negotiating reduced charges, challenging the prosecution’s case, or seeking alternative sentencing options such as drug treatment programs.

  We understand that drug possession cases vary widely depending on the type and quantity of drugs involved. No matter the specific charge you’re facing, we’ll work tirelessly to reduce the impact on your life.

  Personalized Legal Representation

  At Scharff Law, we believe in providing personalized legal representation for every client. Your case isn’t just another file on our desk; it’s your life, and we take that seriously. We walk you through every step of the legal process, ensuring you understand your options and rights.

  Drug crime charges can feel overwhelming, but with us by your side, you’ll have the support and knowledge you need to make informed decisions.

  We have extensive experience in handling drug-related cases in Raleigh, including those involving drug trafficking, drug possession, and prescription drugs. No matter how complex or challenging your case may seem, we’re prepared to fight for your rights and your future.

  Why Scharff Law?

  Choosing the right drug charges lawyer is crucial when facing drug crime charges. That’s why we offer a free consultation. We want you to feel comfortable that we’ve got your back before you choose us to represent you.

  At Scharff Law, we’re dedicated to providing top-tier legal representation that focuses on you and your needs. We understand how daunting these charges can feel, but we have the experience, knowledge, and dedication to give you the best defense possible. From the moment you contact us, we’re in your corner, ready to fight for the best outcome.

  If you or someone you know is facing drug charges in Raleigh, reach out to us today for a FREE consultation. Together, we’ll take on these charges and work to protect your future.

• When Can a Lawyer Breach Confidentiality?

  November 19, 2018

  The justice system ensures that all citizens have the right to legal representation, and two of the legal concepts that enable this are attorney-client privilege and the duty of confidentiality. Essentially, an attorney may not disclose any communication with a client to anyone outside of the client’s legal team. Doing so would not only damage the lawyer’s reputation but may also lead to penalties like disbarment. However, there are some instances when it may not only be acceptable but necessary for an attorney to breach confidentiality.

  Preventing Harm

  One of the most important reasons a Raleigh criminal defense attorney might have for breaching confidentiality is to prevent harm to others. An attorney may not disclose information about what a client tells the lawyer he or she has done in the past, but if the client tells the attorney he or she intends to harm another person for any reason, the attorney has a duty to report it. For example, a client admits to his attorney that he killed someone several years ago. The attorney cannot disclose this information under attorney-client privilege. However, if the client tells his attorney he intends to harm a witness in a future case, the attorney has a duty to report this to the police.

  Attorneys may also breach confidentiality if they discover a client has used an attorney’s services to commit a crime or further the commission of an ongoing crime, such as fraud. In the event that an attorney needs to confirm a compliance question or ethical concern about a client, the attorney has the right to breach confidentiality in seeking answers to these questions, but the attorney should only divulge the details to another attorney that are absolutely necessary for explaining the situation.

  Compliance With Court Orders

  Lawyers are officers of the court and must, therefore, comply with official court orders. In some cases, a judge may require an attorney to disclose confidential aspects of a case typically protected by attorney-client privilege. Some state laws may require an attorney to do this as well. Additionally, an attorney has the right to disclose confidential information to establish a claim or build a defense on the attorney’s behalf.

  If a client attempts to sue a previous lawyer for legal malpractice or some other claim, the attorney has the right to defend him or herself by disclosing confidential information if necessary. It’s also important for attorneys to acknowledge the difference between information protected under the duty of confidentiality and information protected by attorney-client privilege.

  Attorney-client privilege generally extends to communications between an attorney and his or her client. The attorney may not share anything the client says in privileged communication if the client expects secrecy. The duty of confidentiality applies differently; the attorney may not divulge any information about a client’s case, even after the case concludes. A court may compel an attorney to share confidential information about his or her representation of a client, but not correspondence between the attorney and the client.

  Preventing Fraud

  Attorneys may also disclose confidential information about a client if the information pertains to the client’s intent to commit a criminal act or fraud. For example, if a client asks an attorney to provide fraudulent evidence, destroy or alter evidence, hide assets, or tamper with a witness, the attorney has a duty to report this. Another example could be a client asking an attorney about which documents he or she should destroy to hide a criminal act. If the prosecution has any reason to suspect that such a conversation took place, they could demand the attorney divulge what the client said.

  Ultimately, any conversations regarding past criminal acts will fall under attorney-client privilege, but any conversations about ongoing illegal activity or intent to commit illegal acts in the future would not. Attorneys also have a duty to correct the record if a client commits perjury, or lies under oath. If an attorney is unsure whether it is acceptable or necessary to breach attorney-client privilege or share confidential information, the attorney should consult with an experienced colleague.

• What Is Attorney Client Privilege?

  November 5, 2018

  When an individual hires a Raleigh criminal lawyer for legal representation, the attorney needs to know all of the facts of the client’s situation to provide effective representation. The concept of attorney-client privilege helps establish trust and open communication between attorneys and their clients. Under attorney-client privilege, attorneys may not divulge any of a client’s secrets or share correspondence with the client with any other parties without the client’s consent. The logic behind this type of protection is to encourage clients to be as truthful as possible with their attorneys.

  How and When Does Attorney-Client Privilege Apply?

  It’s important for any potential clients to know when attorney-client privilege actually applies, what it covers, and possible exceptions in a particular case. Attorney-client privilege applies when a client or potential client shares any information about a legal matter with the attorney. Generally, a potential client will have a case evaluation or consultation with an attorney to decide whether to hire the attorney for representation in a case. Once the attorney agrees to represent the client, the client must sign a contract agreeing to the lawyer’s services.

  Under attorney-client privilege, a client has the right to expect a reasonable degree of confidentiality when it comes to oral or written communications with his or her attorney. The lawyer may not share any confidential correspondence outside of the legal team handling the client’s case. It is also important to remember that a client can waive attorney-client privilege as he or she sees fit, but an attorney cannot.

  Clients should also remember when the expectation of secrecy and confidentiality can apply. If the client shares information with his or her attorney in private, there is an expectation that the conversation falls under attorney-client privilege. However, if the attorney and client meet in public and discuss aspects of a confidential legal matter, there is nothing stopping a person who overhears the conversation from testifying about it later and reporting what he or she overheard.

  Attorney-Client Privilege vs. Duty of Confidentiality

  Some people mistakenly conflate attorney-client privilege with attorneys’ duty of confidentiality for their clients. While attorney-client privilege prevents an attorney from discussing aspects of a client’s case with parties outside the client’s legal team, the duty of confidentiality is a more expansive legal concept. An attorney’s duty of confidentiality prohibits an attorney from sharing any confidential information about a client at any time, even outside of the courtroom.

  The duty of confidentiality even extends after a case concludes. An attorney may not divulge any confidential information pertaining to a client from any source, even after the client has died.

  Possible Exceptions

  There are very few scenarios in which an attorney can legally and ethically breach attorney-client privilege. One of the most common reasons for doing so would be to prevent the client from harming others. For example, if a client tells his or her attorney in confidence that he or she committed a murder, the attorney may not disclose this information under attorney-client privilege. However, if the client tells the attorney he or she intends to harm or kill a witness in the case, the attorney has a duty to disclose this information to the authorities to prevent harm.

  Lawyers are officers of the court and must, therefore, comply with court orders. If a judge has reasonable grounds to request confidential information, the attorney must comply with the court order. State laws may come into play as well. For example, in some states, an attorney must correct the record if he or she knows that a client lied. However, the attorney may also suggest the client invoke his or her Fifth Amendment right to avoid self-incrimination.

  Good attorneys treat attorney-client privilege as sacred and would never breach this trust-based contract without justification. Breaching attorney-client privilege can not only damage an attorney’s reputation but also lead to legal and professional penalties, possibly even disbarment.

• Do I need a lawyer when I’m charged with a crime in Raleigh, North Carolina

  February 14, 2014

  If you’re being charged with a crime in Raleigh, North Carolina, it is in your best interest to hire a criminal defense attorney. Most defendants are represented by an attorney, especially when a prison or jail sentence is a possible outcome. It is almost always a bad idea for even the most competent person to handle his or her own criminal case and it is always recommended that one seek the advice of legal counsel.

  Some people believe that the information they need to represent themselves will be found in a book, or can be learned from their cousin who’s been through a smiliar experience. Don’t make this mistake. The practice of criminal law requires a professional and experienced criminal defense attorney to navigate the challenges of the judicial system.

  Even the courtroom layout is designed for defense attorneys to interact with the assistant district attorneys. The pro-se defendant will need to wait in line to speak with the assistant district attorney and is not allowed to cross the bar to do so. If you have an attorney, your case will be handled swiftly and conversation will ensue between two attorneys that know each other deal with each other on a daily basis.

  Having an attorney will expedite the chances of:

  1. Negotiating a deferred prosecution agreement or plea deal;
  2. Reducing the charges or negotiating a lesser sentence;
  3. Gathering discovery from the State’s witnesses and victims;
  4. Locating investigators and defense witnesses that can contradict help to bolster your position.

  A criminal defense attorney will help advise you on the possible outcome of your case, and help you to decide whether or not to go to trial. Hiring a defense attorney will help you understand the law generally and also the specific cultural nuances of the local courthouse. What time does this courtroom open? What is this judge like? Is this an experienced prosecutor?

  Criminal law is complicated and constantly changing, so defendants that choose to represent themselves are faced with a variety of challenges. The best idea is to hire an advocate that will know your local court system, be experienced at criminal defense, and familiar with the specifics of your charges.

  For more information on criminal defense attorneys in Raleigh, North Carolina and to find out what a criminal defense lawyer can do for you if you’re facing charges, please contact the Scharff Law Firm in Raleigh, North Carolina at (919) 457-1954 today.

• Why should I hire a Criminal Defense Lawyer in Raleigh, North Carolina

  January 30, 2014

  If you’ve been arrested or charged with a crime in Raleigh, North Carolina, hiring an experienced criminal lawyer is crucial. A good criminal defense attorney will explain your rights to you with regards to the entire criminal process, and will help to provide you with a reduced plea bargain, dismissal or help define the terms of your jail sentence.

  Regardless of whether you are charged with a major or minor crime, facing criminal charges is a serious matter. Criminal charges can cause you to lose your job, face jail time, cause problems within your family, and result in having a criminal record. While some minor legal matters can be handled without a lawyer, serious criminal charges require the expert advice of a qualified criminal defense attorney who will work on your behalf to protect your rights and freedom.

  If you’re facing criminal prosecution, a Raleigh criminal defense attorney will help you to understand the charges your facing, your available defenses, if a plea bargain can be made, and what to expect after trial or conviction. A criminal defense lawyer will increase the odds that your charge will be reduced, and help mitigate the chances of potential jail time.

  Because your freedom and future is at stake, finding a criminal defense attorney that has the necessary skills and expertise to handle your case is crucial. Depending on the crime, you may need the services of a lawyer that can offer assistance in crime scene investigations, computer forensics, witness interviewing, and polygraph examinations.

  Before you decide on a criminal defense attorney, you should ask him or her any questions that pertain to all aspects of the charges being filed against you. Some of these questions may include:

  • How much of my criminal case will you actually be involved in?
  • 
How many jury trials have you conducted?
  • Do you have any client testimonials from cases that are similar to mine?
  • What are your fees and how do you calculate them?

  Hiring an experienced and competent criminal defense attorney in Raleigh, North Carolina could make all the difference in your particular case. Since criminal laws and penalties vary by state, it’s imperative that the lawyer you hire be familiar and experienced with the state and local rules of the court.

  If you’re facing criminal charges, or fear you may be charged with a crime, do not wait any longer to hire a criminal defense lawyer. For more information on how a Raleigh, North Carolina criminal defense attorney can help you, please call Scharff Law Firm at (919) 457-1954 today!