Drug Charges in Huntersville, NC: Possession vs Trafficking & How Police Build Cases

When facing drug charges, it’s important to understand what you’re being charged with and what your rights are. North Carolina takes drug crimes very seriously, and there are large gaps between simple possession and drug trafficking charges. Understanding drug charges in Huntersville, NC, and how the police are able to build a drug crime case against you can help you during the legal process.

Drug Crime Laws in North Carolina

North Carolina drug crime laws can be harsh. North Carolina General Statutes are very cut and dry when it comes to penalties for drug crimes.

There are many factors that go into what you could be charged with. The substance you are in possession of or caught trafficking plays a big role.

In North Carolina, some drug charges are built solely around weight. While you may believe you are only facing possession charges, if you are over a certain weight for the drug in question, then your charge can be elevated to trafficking. This means that even if you did not have any intention of selling the drugs, you can be charged with trafficking. Statutes such as NCGS § 90-95 and NCGS § 90-95(h) set mandatory minimums for selling drugs based on the weight of the drugs possessed.

Drug Crime Search and Seizure

Criminal defense often starts with the search and seizure. While a warrant is generally required for searches, police can sometimes bypass these requirements. There are exceptions to the requirement that law enforcement have a warrant to conduct searches. Exceptions can include having your consent or probable cause to immediately search property.

A criminal defense attorney may suspect that a police search was illegal. They may file a pretrial motion at the Mecklenburg County Courthouse to keep the evidence found from being admissible during your trial.

Factors That Influence Drug Charges

According to the United States Sentencing Commission, in fiscal year 2024, 34.1% of crimes committed in North Carolina were drug crimes. Of these, 48.1% of drug crimes were methamphetamines, and 21.5% were for fentanyl.

No two drug cases are alike. Charges depend on a variety of factors, including:

• Type/classification of controlled substance
• Total weight of the drug in question
• Evidence of intent to distribute or sell
• Criminal history

How a Drug Crime Case Is Built

Drug crimes can be investigated by multiple agencies in Huntersville as well as county-wide in Mecklenburg County. Investigators use various methods to build a drug crime case, depending on the circumstances of each individual situation. They attempt to collect evidence for each element of the crime based on what the law requires.

Drug crime investigations can start from traffic stops, anonymous tips, or ongoing investigations. Officers may use observations they witness, such as suspicious activity, drug paraphernalia, or the smell of controlled substances. Once they have reasonable suspicion or probable cause, searches and seizures occur. Methods of obtaining evidence can include, but are not limited to:

• Anything that is seized during a search
• Statements made by the defendant or witnesses
• Lab results confirming substance type and weight
• Text messages or phone records

When to Hire a Drug Crime Lawyer

When to hire a drug crime lawyer is one of the first questions you’ll likely ask after being arrested or learning of an investigation. However, an arrest is not always your only opportunity to contact a Huntersville drug crime attorney.

Drug charges can move quickly through the court system. Decisions you make now can affect you for the rest of your life. By bringing in a lawyer early in the process, you get help with proper procedure, protection of your rights, and identification of the core elements of your case.

About The Law Office of Kevin L. Barnett

We are proud to be members of the North Carolina and Mecklenburg County community. With over 34 years of criminal defense experience, we understand how Mecklenburg County courts work and how drug crime charges are prosecuted in Huntersville. Located near the Mecklenburg County Courthouse, we are easily accessible to meet with you in our office.

FAQs

Q: How Many Grams Is Considered Trafficking in NC?

A: Trafficking can be measured in grams or amounts. NC makes trafficking offenses based on both the type of drug and how much you have. If you have 28 grams of cocaine, 4 grams of heroin, or 10 pounds of marijuana, you are trafficking, no matter what your intent was. There are statutory weights for each drug that increase the punishment as they are met.

Q: What Evidence Is Needed for Drug Trafficking?

A: The elements of trafficking are generally proved through the weight of the controlled substance and the identity of the controlled substance, typically through a laboratory report. Other types of evidence can include the presence of baggies, weapons, large sums of money, text messages, surveillance, and other circumstances that indicate distribution. In NC, the quantity itself can lead to trafficking even without evidence of intent to sell.

Q: How Do You Beat a Trafficking Charge in NC?

A: The most common defenses to trafficking include suppression of evidence if your rights were violated during the search and seizure. Drug trafficking also depends on being tested and weighed, so if the substance was never in your possession or the lab made a mistake, you can use these issues for defense. There are additional defenses that can get you out of a trafficking charge, such as lack of possession, identity, and constitutional violations.

Q: What Is the Minimum Sentence for Drug Trafficking?

A: The minimum sentence for trafficking in North Carolina varies based on the type of drug and the amount. For example, if you are convicted of trafficking by possessing 28 grams through 200 grams of cocaine, you face a minimum sentence of 35 months of imprisonment. Trafficking sentences are served in prison in North Carolina, so there is no probation alternative.

Contact The Law Office of Kevin L. Barnett

If you have been charged with drug possession or trafficking, The Law Office of Kevin L. Barnett can help you in the legal process. Contact us today for a consultation.