Trafficking, Sale, Manufacturing & Possession Defense Lawyer in Raleigh
America is in the throes of an opioid epidemic, which has resulted in both lawmakers and law enforcement cracking down on crimes involving these powerful drugs. Because heroin, opium and synthetic and natural opioid derivatives are among the most dangerous and addictive substances available, offenses involving these drugs are prosecuted aggressively.
Penalties for Trafficking in Opium or Heroin
You can be charged with trafficking opium or heroin if you sold, manufactured, delivered, transported or possessed these substances, either directly or by assisting another person in doing so.
If you are convicted, the penalties for this offense depends on how much of the drug was involved:
Between 4 and 14 grams: Class F felony; 70 to 84 months in jail, mandatory minimum $50,000 fine
Between 14 and 28 grams: Class E felony; 90 to 117 months in prison, mandatory minimum fine of $100,000
28 grams or more: Class C felony; 225 to 229 months in prison and a mandatory minimum fine of $500,000
Understanding Complex Drug Laws: Drug laws in North Carolina, like in many other states, are intricate and constantly evolving. They encompass a wide range of offenses, from simple possession to trafficking and manufacturing. Each type of charge has its own set of legal requirements, defenses, and potential penalties. A seasoned defense attorney who specializes in drug cases brings an in-depth understanding of these laws, including:
Classification of Controlled Substances: North Carolina law categorizes drugs into different schedules based on their potential for abuse and medical use. Knowing how each drug is classified is crucial, as it directly impacts the severity of the charges and potential sentences.
Legal Nuances: Drug cases often involve complex legal nuances, such as constructive vs. actual possession, the legal definition of trafficking, and the interpretation of search and seizure laws. An experienced attorney will be adept at identifying these nuances and using them to your advantage.
Case Law and Precedents: Drug laws are also shaped by case law—previous court decisions that set legal precedents. A knowledgeable attorney will be familiar with relevant case law and how it applies to your situation, providing insights that could be pivotal in your defense.
Procedural Rules: Drug cases often involve technical procedural rules, such as how evidence must be collected, stored, and presented in court. A skilled attorney will ensure that all procedures were followed correctly by law enforcement and the prosecution, and if not, they can challenge the validity of the evidence.
Strategic Defense Planning:
Understanding the law is just the beginning. A drug defense lawyer's expertise extends to strategically planning your defense. This includes:
Tailored Defense Strategies: Each drug case is unique, requiring a defense strategy tailored to the specifics of your case. Whether it's challenging the legality of the search, questioning the chain of custody, or arguing for a lack of intent, an experienced attorney will craft a defense that aligns with the facts and circumstances of your situation.
Pre-Trial Motions: A crucial part of a strong defense involves filing pre-trial motions, such as motions to suppress evidence obtained illegally or motions to dismiss charges due to insufficient evidence. These motions can significantly impact the outcome of your case, and a skilled attorney will know which motions to file and how to argue them effectively.
Expert Witnesses: In some cases, expert witnesses may be needed to challenge the prosecution's evidence or provide alternative explanations. A seasoned attorney will have access to a network of experts, including forensic analysts, medical professionals, and other specialists, who can support your defense.
If you or a loved one is being investigated for or charged with a drug crime, you need to begin working on a defense strategy right away.
