North Carolina & # 39; s Drug offenses are harsh, and the defense of these crimes requires a Raleigh, Apex, or Cary criminal lawyer, not just the law, but also how Wake County District Attorney Columbus and his staff are involved in law enforcement. The Wake County District Attorney has a variety of office "policies" in the district, including men and women who actually judge cases, how they handle cases. These policies change from time to time, but they are essentially a matter of whether or not the Raleigh prosecutor has discretion in how you handle your case.
North Carolina & # 39; drug offenses are covered by Chapter 90 of Article 90 of the General Statutes of North Carolina. North Carolina and drug crimes can be misdemeanors or felonies. Having less than a half of marijuana is a Class 3 felony, which is the most serious crime in North Carolina.
The heroin must be 28 grams or more, which must be proof that the person is "aware", "sold, manufactured, delivered, transported, or possessed or has not conspired to manufacture, sell or transport" opium, including heroin, and quantity. 28 grams or more, the defendant is entitled to a Class C felony with a minimum sentence of 225 months in prison.
Due to harsh penalties for trafficking, and trafficking does not mean you have to fly around the Colombian plane, and with those penalties being minimal, it is easy to see how defenders can get astronomical sentences. Drug charge in Wake County, North Carolina.
In fact, these penalties are shocking to many people from New York. As I understand it, New York City prosecutors can be sentenced to 30 or 60 days in prison for years and years in North Carolina. Simply put, "but they do it differently in New York," which has not helped. You are in North Carolina, where the drug law is very strict.
The most common drug charges in North Carolina are prescription drugs through forgery or fraud. This crime can be reported as a mistake, or, as a crime that the prosecutor can prove "intent." Often the accused will be charged with such charges, as Wake County prosecutors would otherwise say that he will be prosecuted as a felony. And since "intent" is not difficult in many cases, the accused can be prosecuted and convicted in Class I.
The intention is to sell or deliver a common drug charge. In order to convict the offender, the Wake County District Court attorney must prove that the defendant had a controlled substance and that he intended to sell, manufacture or deliver it. The prosecutor does not have to prove that the person has ever sold. This is a person who plans to sell, manufacture or deliver.
"Intent" can be shown to be excessive for one person, or for several bags. Finding just 10 rocks to burn cocaine was not enough to find the intention to sell or give. However, having 10 rocks separated by 10 rocks may be enough to convict.
I have seen several cases where people recently bought some bags of drugs, maybe some jars or some cracks, and when the police stopped him immediately, he found some jars of pot for him and handed it over to HIM. with intent to sell or deliver (PWISD). These cases can be defended, so there is no hope. However, it is important to remember that the more baggies the drug has, the more likely it is that the police will be charged with PWISD and not a simple charge.
Lastly, North Carolina is the property of counterfeit substances controlled for intent to sell or deliver. It happens here. Raleigh Police Department (RPD) or Wake County Sheriff & # 39; s Office (WCSO) or a "confidential informant" who works for a police agency or a police officer goes to a guy and asks. a couple of rocks. The guy (he becomes my client!) Has nothing, but he wants to make $ 50 quickly. He will then tell people to go "out of the corner" on his own account. He walks off the ledge, grabs a few small white / yellow stones and returns. The witch (CI) gives her $ 50, on the floor, for stones that are literally contained and not drugs at all.
The RPD has arrested the guy for either "selling or delivering counterfeit controlled substances" or "intent on selling or delivering counterfeit substances." It is known that nonsense is a crime. This is a crime where one, perhaps, another guy who cheated on the other guy for $ 50 for some stones. Maybe it's some kind of scam. But it is not a drug crime.
In Wake County, North Carolina, he can be charged with at least one felony.