- Winston-Salem, North Carolina
The results of a drug crime conviction can be severe—especially for students at one of our local high schools or colleges. At our law firm, our criminal defense attorneys can provide you with the strong representation you need at this time. We know how to fight drug charges and we know how to win.
Our clients face charges involving illegal drugs such as marijuana, cocaine, crack, methamphetamine and LSD, as well as unauthorized possession and sale of prescription drugs.
Many drug charges, regardless of severity, center around how a person possess the drug at issue. There are two types of possession: actual and constructive.
| Type of Possession | What It Means | Common Issue |
|---|---|---|
| Actual Possession | The drug is found on the person or in the clothing they are wearing. | Whether law enforcement had the right to conduct the search. |
| Constructive Possession | The person allegedly exercised dominion and control over the drug. | Whether the person had the ability to access and control the drugs. |
These cases can be technical and require an experienced attorney to evaluate the evidence and the circumstances of the search.
This ultimately is determined by the amount, schedule, and other factors such as whether or not the court determined you intended to sell or distribute the drugs in your possession.
Search and seizure issues play a significant role in many drug crime cases. In defending our clients, we carefully investigate every aspect of police procedure to determine if our clients’ constitutional rights were violated. How did police obtain the evidence against you? Did they have probable cause to search you or your vehicle or domicile? If your rights were violated, key evidence can be rendered inadmissible in court. We will aggressively pursue every viable defense strategy to help you avoid the consequences of a drug crime conviction.
Drug trafficking charges in North Carolina are based on more than just allegations of selling drugs. In this episode of For The Record with Greenwood Law, attorney Dylan W. Greenwood explains how drug weight alone can result in trafficking charges, the difference between simple possession and trafficking offenses, the severe mandatory minimum penalties involved, and how state and federal prosecutors approach these cases. He also discusses common defense strategies and why obtaining experienced legal representation early in the process is critical.
“The unauthorized substances tax is an excise tax on controlled substances (marijuana, cocaine, etc.), illicit spirituous liquor (“moonshine”), mash, and illicit mixed beverages. The tax is due by any individual who possesses an unauthorized substance upon which the tax has not been paid, as evidenced by a stamp.” (Source: NCDOR website)
Like on the federal level, North Carolina schedules controlled substances based on their potential for abuse and trafficking. Schedule I substances are considered the most serious, while Schedule II, III and IV substances carry less serious punishments. The lowest level is Schedule VI – typically marijuana.
Schedule I drugs are those such as heroin, hallucinogens and MDMA/ecstasy. Schedule II drugs are drugs such as cocaine and meth. Schedule III and IV are drugs such as barbiturates, prescription drugs and codeine. Schedule V drugs include low prescription codeine such as Robitussin. Marijuana is Schedule VI. Click here for our blog post on drug schedules.
If you have been charged with possession of marijuana, cocaine, methamphetamines, LSD or any drug crime in North Carolina, we are here to help. Contact our law office today online or by telephone at 336-661-8788 to arrange a consultation with a knowledgeable Winston-Salem drug defense attorney.
