In North Carolina, if there is any way to have fun with it, it’s illegal and chances are you may be sentenced to active jail time if you get caught with it. The North Carolina Controlled Substances Act lists literally hundreds of substances (or variations of substances) in which possession without any legal permission can have you facing active time in jail. Whether you have been arrested for possession of a controlled substance, possession with intent to sell, manufacture, or deliver a controlled substance, maintaining a dwelling house, obtaining by fraud/forgery, or trafficking in a controlled substance, please contact a North Carolina lawyer at The Whited Law Firm, PLLC immediately for a free initial consultation.
If you have been arrested for a crime related to controlled substances, you should refuse to talk with law enforcement personnel of any kind outside the presence of an attorney. If the police arrest you, you must never waive your Miranda rights and you must assert your right to counsel to the police unequivocally. Make it clear to the law enforcement officer seeking your statement that you will not answer a single question without your lawyer being present once you have been arrested.
The level of punishment you may receive for violating the drug laws in North Carolina will be largely dependent on three factors. The first factor is your criminal history, if you have one. Your prior convictions determine your sentencing level and the more convictions you have the greater your punishment will be. The second factor is the amount of contraband you had in your possession at the time of your arrest. The more weight you are carrying the more time you are looking at in jail. The last factor is the “schedule” the drug you were arrested with is located upon. In North Carolina, there are 6 schedules. Schedule I contains substances which are considered to be highly addictive and potentially the most dangerous. Drugs like heroin, mescaline, and LSD are on this list. The lowest or least dangerous schedule is Schedule VI. Schedule VI has only one drug listed and that drug is marijuana.
Don’t give up hope if you have been arrested for possession, trafficking, falsely obtaining, or distributing a control substance! There are situations which are provided for under the Constitutions of the United States and North Carolina which may provide a legal defense which results in the dismissal of your charges. Call immediately for a free initial consultation.