Huntersville Drug Crimes Lawyer

Huntersville Drug Crimes Attorney

Being charged with a drug crime in Huntersville can be a scary experience. A simple mistake can result in a serious legal problem in North Carolina, and without effective legal representation, you could be left with long-lasting penalties that impact every aspect of your life. An experienced Huntersville drug crimes lawyer knows the state’s controlled substance laws and how Mecklenburg County courts handle drug crime cases.

About The Law Office of Kevin L. Barnett

At The Law Office of Kevin L. Barnett, we understand that everyone should have effective representation when their liberty is on the line. With over 34 years of criminal defense experience, we are known for skillful, client-centered advocacy throughout western North Carolina.

At our firm, we defend clients in both first-time DWI cases and felony drug charges to protect their rights and achieve the greatest potential outcome. If you are looking for a dedicated criminal defense attorney, we are here to help.

Understanding Drug Crimes in North Carolina

In North Carolina in 2023, 38.2% of sentenced individuals were due to drug-related crimes. Methamphetamine accounted for 50.1% of federal drug cases in the state. In Mecklenburg County, where Huntersville is, there were 1,671 drug arrests in 2023.

North Carolina takes drug crimes very seriously, and its drug crime laws are contained within Chapter 90 of the North Carolina General Statutes. The laws apply to simple possession and major drug trafficking operations. Controlled substances are listed within six schedules based on their potential for abuse and medical value.

Schedule I drugs like heroin, LSD, and methamphetamine face some of the most severe legal punishments. Marijuana is an example of a drug that is treated differently under North Carolina law. It is in Schedule VI, and while some simple possession charges are only misdemeanors, larger amounts or intent to sell can result in a felony.

The North Carolina drug penalty system is especially severe because punishments depend on both the drug classification schedule and the amount of the substance. For example, less than 0.5 ounces of marijuana could get someone a misdemeanor citation, but 10 pounds or more could result in a felony trafficking charge. Even tiny amounts of heroin or fentanyl can get someone mandatory prison time based on the perceived danger of those substances.

Common Drug Crime Charges

Drug crime charges come in many forms. Some are more serious than others, typically based on the amount of drugs involved and their influence on the public. Some of the most common drug crime charges include:

• Possession. This includes having a controlled substance without a valid prescription and typically involves small amounts of a drug.
• Possession with intent to sell. This includes possessing drugs in certain quantities or with certain packaging that suggests an intent to sell or distribute.
• Manufacturing. This is a serious offense that involves growing marijuana or making methamphetamine.
• Trafficking. Perhaps one of the most serious drug offenses, this involves selling or transporting drugs in large quantities and usually across geographical borders.

Possession charges can result in serious consequences for first-time offenders, particularly for more serious drugs like cocaine, heroin, or fentanyl. While North Carolina does provide for conditional discharge or probation for some first-time possession offenses, such options are not guaranteed and often require vigorous representation by an experienced defense attorney.

Why Hire a Drug Crimes Lawyer?

Defending a drug case without a Huntersville drug crimes attorney is extremely risky. Mecklenburg County prosecutors are well-trained and aggressive, and the law can be unforgiving. A drug crimes lawyer is your advocate who knows how the local courts work, can communicate with prosecutors, and fight to protect your rights from start to finish.

When you hire a drug crimes lawyer, they perform duties beyond court appearances. They can review the facts of your case and identify any issues involving a violation of your constitutional rights. An experienced lawyer can fight to have charges reduced or dismissed where possible and keep you informed of alternative sentences like conditional discharge, diversion, or treatment-based sentencing that could help keep you out of jail and give you a fresh start.

FAQs

Q: How Much Do Lawyers Charge for Drug Cases?

A: The amount that lawyers charge for drug crime cases depends on the specifics surrounding the case and the attorney’s pay structure. The costs of misdemeanor cases are typically lower. More complicated felony or trafficking cases can require a significant amount of time for a lawyer and cost more. Fees are often determined on a flat-fee or hourly rate basis, and some attorneys may require an initial retainer.

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

A: First-time drug offenders do not always go to jail in North Carolina. North Carolina offers conditional discharge or deferred prosecution for first-time offenders convicted of low-level drug possession under specific conditions. This may allow a drug offender to avoid jail time and a record, with the court’s cooperation. For more serious drug charges, first-time offenders could still be at risk for jail or prison time.

Q: What Evidence Is Needed for a Drug Conviction?

A: To get a conviction, prosecutors must provide evidence that the defendant knowingly sold, possessed, manufactured, or trafficked a controlled substance. A conviction requires evidence, including actual drugs and lab results as well as statements from police officers and witnesses. Prosecutors can also use circumstantial evidence, like packing materials or large amounts of cash. The state must prove the defendant is guilty beyond a reasonable doubt.

Q: Can Drug Charges Be Reduced in North Carolina?

A: In some cases, drug cases may be reduced in North Carolina. An experienced criminal defense attorney may be able to negotiate with the prosecutors to reduce the trafficking charge to simple possession or a felony charge to a misdemeanor, if there are weaknesses in the prosecution’s case. Additionally, if it is your first offense, your attorney may fight for reduced charges.

Contact The Law Office of Kevin L. Barnett Today

If you have been charged with a drug crime in Huntersville, an attorney at The Law Office of Kevin L. Barnett can help you fight for your future. Contact us today to get started.