North Carolina takes drug trafficking cases with utmost seriousness, and the penalties are severe. Whether you’ve been accused of simple possession or drug trafficking, a conviction could have a profound impact on your future.
If you’ve been arrested for drug trafficking in North Carolina, you could be facing significant jail time, fines, and a permanent criminal record. At Greene Wilson Crow & Smith, our experienced criminal defense attorneys are prepared to advocate for your legal rights and pursue the best outcome in your case.
Drug Trafficking Charges in North Carolina
Under the North Carolina General Statutes (§ 90-95), drug trafficking includes manufacturing, selling, delivering, or possessing with the intent to manufacture, sell, or deliver a controlled substance. It also includes possession of a controlled substance in significant quantities. There is a common misconception that prosecutors must prove a defendant intended to manufacture or sell a controlled substance to be convicted of drug trafficking.
On the contrary, drug trafficking convictions are based on the weight of the drug found in the defendant’s possession. Police officers and prosecutors do not have to prove a defendant intended to distribute, sell, or transport controlled substances to prove drug trafficking occurred. The relevant statute makes it clear that the exact purpose of the drugs isn’t relevant because a large quantity of drugs can infer the intent to distribute.
The Amount of Substances Required for Drug Trafficking
Drug trafficking is always considered a felony charge in North Carolina. It doesn’t always take a significant quantity of controlled substances for prosecutors to bump up drug possession charges to drug trafficking charges. The threshold amounts for controlled substances to be considered drug trafficking are as follows:
- 10 pounds or more of marijuana (weed or pot)
- 28 or more grams of cocaine
- 28 grams or more of methamphetamine or crystal meth
- 28 or more grams of over 100 dosage units of MDMA (ecstasy or molly)
- Three grams or more of synthetic cannabinoid
- Four or more grams of opiates, including heroin
The Severe Consequences of Drug Trafficking
The consequences of a drug trafficking conviction are severe in North Carolina. Judges are required to impose minimum prison sentences. The mandatory minimum penalties are on the specific type of controlled substance and the weight found in the defendant’s possession. For example, if the defendant possessed between 28 and 199.99 grams, a sentence between 35 to 51 months of imprisonment would be required. Defendants found with 200 to 399.99 grams of cocaine are subject to a possible imprisonment of 70 to 93 months of possible imprisonment.
Defendants charged with drug trafficking frequently face additional drug-related charges. Prosecutors don’t need to prove a defendant had drug paraphernalia, such as scales or ziplock bags, or that they had already divided a large quantity of controlled substances into individual portions to convict a defendant of drug trafficking.
However, when police officers find baggies, scales, or even spoons, prosecutors may charge the defendant with possession of drug paraphernalia, a separate charge. Defendants could also be charged with the intent to sell or deliver controlled substances or possession with the intent to distribute, especially if the drugs were packaged, demonstrating the intent to sell them.
Defenses to Drug Trafficking Charges
The best legal defense in your case will depend on several factors. In all criminal cases, the prosecutor must prove all of the elements of the crime beyond a reasonable doubt. Suppose the prosecution has charged you without enough evidence to prove every element of the crime. In that case, your attorney may be able to persuade the prosecutor to dismiss the charges against you.
In other cases, the prosecution may have overcharged you with drug trafficking based on faulty evidence. When police officers don’t properly identify, measure, and weigh the controlled substances, your defendant can argue against the charges against you. The defendant may be able to argue you didn’t understand the substance was considered an illegal drug or that the defendant wasn’t in actual or constructive possession of the drug.
Finally, if police officers violated the defendant’s constitutional rights, your defense attorney can ask the court to exclude evidence gathered from an unconstitutional search or seizure. For example, suppose a police officer didn’t read your Miranda rights when arrested. In that case, your attorney may be able to have the evidence gathered against you successfully suppressed, including any incriminating statements you may have made.
Protecting the Rights of Defendants in North Carolina
As defense attorneys, Greene Wilson Crow & Smith will carefully scrutinize every aspect of the drug trafficking investigation against you to find any constitutional violations or other errors in the prosecution’s case. When you work with our legal team, we will help you avoid unnecessary confusion and stress by carefully explaining the charges against you and the penalties you could be facing.
Our team carefully communicates with clients to ensure their questions are quickly answered. An experienced legal defense is often the difference between a defendant experiencing prison time and a better outcome. Our team will aggressively pursue the best outcome possible in your case, which may include a dismissal of the charges against you or lessening the charges against you.
Contact a Drug Trafficking Defense Attorney in North Carolina
Hiring an experienced drug crime defense attorney is crucial in defending yourself against drug trafficking charges. When you hire Greene Wilson Crow & Smith, you can rest assured we will carefully investigate your case and begin developing the best defense strategy possible. Don’t hesitate to contact our skilled criminal defense attorneys if you’re facing drug trafficking charges in North Carolina.