Pineville Drug Crimes Lawyer

Pineville Drug Crimes Attorney

Facing drug crime allegations can be overwhelming. Penalties may put your financial security, personal freedom, and future opportunities at risk, and convictions can stigmatize an individual within their community. At The Law Office of Kevin L. Barnett, you will find an experienced Pineville drug crimes lawyer who can defend your rights and advocate on your behalf.

About Us

Kevin L. Barnett has spent over three decades representing the people of North Carolina and litigating on their behalf. With extensive experience across a range of legal matters, he provides rigorous advocacy and experienced counsel to his clients. His tireless work has garnered him the distinction of AV Preeminent by the legal community.

Controlled Substances in North Carolina

North Carolina drug crime laws take convictions quite seriously. In 2023, drug crime cases accounted for 38% of all convictions across the state. State regulations recognize, however, that drug cases involve a spectrum of potential harm to the public.

As such, certain controlled substances are treated with more severity than others. Under the North Carolina Controlled Substances Act, they are sorted into different “schedules” of classification. These include:

• Schedule VI. These substances are largely considered less prone to abuse. They include marijuana and hashish.
• Schedule V. These are likewise considered to have low destructive potential and are recognized for their medical use. Certain over-the-counter medications are included in this classification.
• Schedule IV. These substances are recognized as having the potential to cause limited dependency. They include Valium, Xanax, and Darvon. Many of these are legal with a doctor’s prescription.
• Schedule III. These are similar to Schedule IV drugs but are considered to have more dangerous potential. Ketamine and steroids are amongst those included in this classification.
• Schedule II. These substances are considered to have a high potential for abuse, with consequences such as mental or physical dependency. They include morphine, methamphetamine, and cocaine, amongst others.
• Schedule I. These substances are seen as having no medical use and a high potential for abuse. Heroin, methaqualone, and ecstasy are some of the substances included in Schedule I.

Misdemeanor and Felony Drug Charges

Drug crime convictions and their penalties differ between misdemeanor and felony charges. Felonies are treated more harshly, and they often result in longer jail sentences and fines.

Misdemeanors and felonies are differentiated by the circumstances of the crime. Typically, in North Carolina, those charged with possessing a controlled substance will face a misdemeanor charge, while those alleged to be in possession with the intent to manufacture, sell, or deliver (PWISD) them will be charged with a felony.

Possession does not automatically mean a misdemeanor charge, however. Depending on the substances allegedly found in one’s possession, penalties can vary, and even first-time offenders may face felony charges. Penalties for scheduled substances include:

• Possession of a Schedule VI or Schedule V substance is considered a misdemeanor with a maximum of 20 and 60 days in jail, respectively.
• Possession of a Schedule IV, III, or II substance may also fall under the misdemeanor category, but it can carry a sentence of up to 120 days in jail. Depending on the amount of drugs found, the offense may be filed as a felony charge if there is over a certain quantity.
• Possession of a Schedule I substance is a felony, resulting in a prison sentence of 24 months or more, depending on the circumstances.

Why Choose Us?

Regardless of whether you face felony or misdemeanor charges, it is critical to have a skilled defense attorney by your side, advocating on behalf of your rights. North Carolina has an aggressive approach to policing controlled substances, and Pineville reflects this: in 2023, Pineville Police Department arrests increased by 33%.

Kevin L. Barnett understands the complexities that can come with a drug charge. With extensive experience in defending clients, he understands that each case faces its own challenges and circumstances. He is a passionate advocate who knows the appropriate steps to pursue a defense. Throughout his long career, he has earned the trust and respect of his clients and community, and he is prepared to work tirelessly on his clients’ behalf.

FAQs

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

A: Whether first-time drug offenders go to jail in North Carolina depends on the circumstances of the charge. Maximum sentencing for a first-time offender in possession of a Schedule VI substance may be up to 20 days in prison. This, however, does not take into account mitigating circumstances, such as plea bargains and other deals that may be made. In general, the more serious the charge is, the higher the likelihood of jail time is for first-time offenders in North Carolina.

Q: How Much Does a Criminal Lawyer Cost in NC?

A: The cost of a criminal lawyer in North Carolina can vary. Attorneys often charge different amounts for their services, depending on their skill set and the amount of time they will be working with a client. When you meet with a prospective Pineville drug crimes attorney, it is always wise to ask them about their fees before hiring them.

Q: What Evidence Is Needed for a Drug Conviction?

A: Usually, several types of evidence are used to obtain drug convictions in North Carolina. Typically, direct evidence, such as physical proof of controlled substances or paraphernalia, is strongest. Other forms of evidence, such as video footage, eyewitness testimony, and confessions, are commonly used to obtain convictions. A skilled attorney can review this evidence during the discovery phase. They can look for flaws in the evidence itself or its collection to bolster your defense.

Q: What Is the Mandatory Minimum Sentence for Drugs in NC?

A: The mandatory minimum sentence for drug-related crimes in North Carolina depends on the charges. If, for example, a defendant is alleged to have been in possession of a Schedule VI drug, that carries a possible sentence of 20 days in jail. However, those accused of PWISD with a Schedule I substance can face a sentence of 24 months or more.

Hire a Drug Crimes Lawyer

In Mecklenburg County, 44% of drug crime cases result in a conviction on average. Having an experienced attorney by your side can be critical when facing such allegations. At The Law Office of Kevin L. Barnett, you can benefit from a talented and stalwart advocate. Our attorney can defend your rights and offer experienced guidance. Contact us today to learn more.