Mocksville Drug Crime Lawyer

Mocksville Drug Crime Attorney

Being charged and convicted of a drug crime can bring serious outcomes. Penalties vary depending on the type of crime, the type of drugs involved, the amount of drugs, and other circumstances surrounding the situation. If you have been charged with a drug crime, a Mocksville drug crime lawyer can help you understand the charges brought against you and fight for your rights.

A Mocksville Drug Crime Lawyer You Can Trust

The Law Office of Michael D. Cleaves, PLLC, understands the confusion and complexities that can come with being charged with a gun crime. With over 20 years of representing and serving Iredell County, we are committed to our community. We will evaluate your situation and provide you with the representation you deserve. Our team will inform you of your rights and your options to fight for the greatest possible outcome.

Drug Crimes in North Carolina

In Mocksville and other areas of North Carolina, drug crimes cover a range of offenses. The charges and penalties for drug crimes depend on a number of factors. Some of these include the drugs involved, whether or not drugs were used for personal use or with an intent to sell, the prior criminal record of the defendant, the volume of drugs involved, and the presence of mitigating or aggravating factors.

Mitigating factors are circumstances that reduce the severity of a crime, such as playing a minor role in the offense or being forced to commit the crime. Aggravating factors are circumstances that make a crime more serious, such as using violence or committing a crime with minors nearby. Penalties for drug crimes include fines, probation, jail time, drug treatment programs, and prison time.

Drug Possession in North Carolina

Drug possession happens when someone knowingly and unlawfully possesses drugs when they are not authorized to do so. This is commonly believed to apply to narcotics, but a person can be charged with drug possession if they illegally possess, use, or distribute prescription drugs as well, particularly if they do not have a legal or valid prescription to have or take the drugs in their possession.

In North Carolina, drugs are categorized into Schedules (I-VI). These schedules are ranked based on the drug’s risk of abuse and the level of accepted medical use. Schedule I has the highest risk of abuse and has no accepted medical use. The risk level for abuse decreases with each schedule, and the amount of accepted medical use increases. Examples of drugs within each schedule include:

• Schedule I drugs: cocaine, LSD, and heroin.
• Schedule II drugs: morphine, fentanyl, and amphetamines.
• Schedule III drugs: ketamine and anabolic steroids.
• Schedule IV drugs: diazepam and barbital.
• Schedule V drugs: certain cough medicines.
• Schedule VI drugs are reserved for marijuana and THC, according to North Carolina law.

Generally speaking, penalties for drug possession are determined based on the schedule the drug falls under. However, other factors will be considered.

Possession With Intent to Sell or Distribute

When someone is charged with possession with intent to sell or distribute, it becomes a crime of sale, not possession. These crimes usually come with stiffer penalties than drug crimes that are for personal use, as the intent to sell or distribute affects more people. With possession with intent to sell or distribute, a sale does not actually have to have taken place. If a person has only offered to distribute, sell, barter, deliver, or exchange drugs, a crime has already taken place.

A person can also be charged if they sold or distributed drugs that they were legally permitted to have but were not permitted to distribute. For instance, if a pharmacist sells or distributes prescription drugs to a person without a prescription, they can be charged with a crime. This also applies to someone who sells their personal medication that they have a prescription for.

Drug Trafficking

A person can be charged with drug trafficking if they sell or distribute illegal drugs. A person can also be charged with drug trafficking even if they didn’t necessarily distribute or sell the drugs but possessed a large quantity of the drugs. The law assumes that possessing a large volume of drugs means you intend to sell or distribute them. Each drug has a certain limit determined by the state that would make the offense change from possession to possession with intent to sell or distribute or drug trafficking.

Paraphernalia Possession

Drug paraphernalia is any object or thing used to either grow, produce, sell, or distribute illegal drugs. Examples of this include scales used to weigh drugs, pipes used to inhale drugs, syringes, and needles. Possession of drug paraphernalia is a crime in North Carolina. It is a Class 1 misdemeanor. If someone is convicted, they could face up to 120 days in jail.

FAQs

Q: How Much Does a Criminal Lawyer Cost in North Carolina?

A: The cost of a criminal lawyer in North Carolina varies depending on a number of circumstances, including the complexity and severity of your case, whether the charge is a misdemeanor or a felony, and the method by which your lawyer charges. Some lawyers charge hourly, while others charge flat fees.

Q: Do First Time Drug Offenders Go to Jail in North Carolina?

A: First-time drug offenders do not necessarily automatically go to jail in North Carolina. The penalty will depend heavily on the details of the case, such as the Schedule the drug falls under, the volume of drugs, and any aggravating circumstances. In some cases, first-time offenders may be able to seek alternative sentencing.

Q: What Is the Law on Drug Possession in North Carolina?

A: In North Carolina, it is illegal to possess drugs without a valid prescription. Drugs are classified into different schedules in North Carolina based on the drug’s potential for abuse and its accepted medical use. Generally speaking, if a drug has a higher potential for abuse, the penalty for possession will be higher.

Q: What Amount of Drugs Is Considered Trafficking in North Carolina?

A: The amount of drugs considered trafficking in North Carolina depends on the specific drugs involved. North Carolina law sets a different amount for each drug. For instance, more than ten pounds of marijuana, 28 grams of cocaine, 28 grams of methamphetamine, and four grams of heroin are all the minimum amounts that would be considered trafficking.

Contact The Law Office of Michael D. Cleaves, PLLC, Today

If you have been charged with a drug crime, you don’t have to handle the incoming process alone. The Law Office of Michael D. Cleaves, PLLC, can help. Contact us today for more information.