Asheville Drug Possession Defense
If you have been charged with a drug crime in North Carolina, your opponent – the prosecution – has nearly endless resources available to develop its case against you. In order to balance the score, you need an experienced Asheville drug possession lawyer. You can trust Scott K. Dillin to mount a knowledgeable defense whether you are charged with a misdemeanor or felony drug charge or from simple possession of marijuana to drug trafficking.
Illegal Possession of a Controlled Substance can have a significant impact on your criminal record, as well as a negative impact on your personal freedom, finances, and job opportunities. While Possession of Marijuana is increasingly commonplace, a conviction of any sort can make you ineligible for some forms of financial assistance, as well as bar you from certain areas of employment. “Just paying the fine” can be extremely short-sighted and cost you more in the long run than if you took the steps to have the charges dismissed. Often, any conviction of any sort commonly bars additional assistance or relief upon a second or similar charge. That’s why it’s important to handle every charge correctly. We have a good track record of handling many types of possession cases, and there are some programs that can keep your record clean that you may not even know you’re eligible for. Some programs are expensive and require months of community service and supervision fees, but have inexpensive or free alternatives that the District Attorney won’t tell you about. Facing prosecution in the criminal justice system can be intimidating. You want a reliable criminal defense lawyer at your side to protect your rights. You potentially face a loss of liberty, reputation, and other repercussions that often ensue such as job loss and financial difficulties.
How you are charged depends largely on what type of substance was found in your possession. The federal government adopted a classification system based on “schedules”. North Carolina statutes revolve around these schedules.
Schedule I drugs, include those that are the most dangerous and have a high risk of addiction or dependency and no legitimate medical use. Drugs included under this heading include:
- Heroin
- Lysergic acid diethylamide (LSD)
- Marijuana (cannabis)
- 3,4-Methylenedioxymethamphetamine (Ecstasy)
- Methaqualone
- Peyote
Schedule II substances still have a high risk of abuse but may have legitimate medical uses. These include things like:
- Combination products with less than 15 milligrams of hydrocodone per dosage unit (Vicodin)
- Cocaine
- Methamphetamine
- Methadone
- Hydromorphone (Dilaudid)
- Meperidine (Demerol)
- Oxycodone (OxyContin)
- Fentanyl
- Dexedrine
- Adderall
- Ritalin
Schedule III drugs are slightly less dangerous than Schedule II substances, but still, have a moderate risk of abuse. Some examples of Schedule III drugs are:
- Products containing less than 90 milligrams of codeine per dosage unit (Tylenol with codeine)
- Ketamine
- Anabolic Steroids
- Testosterone
Schedule IV drugs have a slight risk of dependency and have very acceptable medical uses. Some Schedule IV drugs are:
- Xanax
- Soma
- Darvon
- Darvocet
- Valium
- Ativan
- Talwin
- Ambien
- Tramadol
Schedule V substances have a very low risk of dependency and include things like Tylenol with Codeine, as well as the following:
- Cough preparations with less than 200 milligrams of codeine or per 100 milliliters (Robitussin AC)
- Lomotil
- Motofen
- Lyrica
- Parepectolin
Schedule VI substances, like schedule V, have no medical use and a very low risk of dependency. Marijuana is included in this schedule.
Only an experienced defense attorney who has handled many drug cases in North Carolina courts possess the negotiating skills and the knowledge to effectively mount a successful defense. Call today for a free consultation so we can decide together what the best outcome for your case.
Requirements to prove possession of drugs
Most drug charges, including possession of more than 1.5 ounces of marijuana, are felonies in North Carolina. Depending on the quantity of drugs in your possession, you could be charged with possession with intent to sell. The higher the quantity of drugs, the more likely it is that you could face federal drug charges and serious prison time. For example, possession of 50 grams or more of crack cocaine is usually charged as a federal offense, subject to a 10- year prison sentence. Drug cases can also be charged in federal court if you have prior drug convictions or you had a weapon. Defenses in drug cases often hinge on how police came in contact with you. If the stop or search was illegal, the evidence can go away. Without evidence, the charges will be dismissed. Possession and intent-to-sell charges can also be hard for the state to prove. The drugs may have been in your car or home, but that does not prove they belonged to you, and having a certain quantity of drugs does not prove that you intended to sell them.
Drug paraphernalia
Whether you were caught using a marijuana pipe or bong or whether the police found rolling papers, hypodermic needles or digital scales in your home or car, we can help you build a strong defense. We will challenge search and seizure: Did the officers who found the evidence need a search warrant? Did they have reason to believe that the objects they seized were used with drugs? Did they find any drug residue? Was your arrest proper? If the police or prosecution made a mistake, we may be able to dismiss your charges. However, we are also skilled negotiators who can negotiate a plea bargain to reduce your sentence if your charges cannot be dropped. We are prepared to defend you against any and every drug charge you face, including charges involving cocaine (crack), ecstasy (X), methamphetamines (meth/crystal meth), heroin, marijuana (pot/weed/cannabis), Methedrone, OxyContin/Oxycodone, Hydrocodone, Methylenedioxymethamphetamine (MDMA), morphine, Diazepam, and other drugs.
Marijuana possession
Though the drug goes by many different names, possession of marijuana is a crime that carries a range of punishments and consequences. If you have been charged with marijuana possession, it is important that you get in touch with an experienced criminal defense attorney to fully understand your rights and help ensure that they are protected.
Depending on the weight, presence of paraphernalia, and the intended use of the drug, marijuana possession may be considered a felony or misdemeanor. However, it is critical that individuals understand the seriousness of a marijuana possession charge.
If convicted on a marijuana possession charge, the outcome stays on your criminal record forever. A conviction can affect your ability to get a job, obtain a mortgage, etc. Essentially, it can cause you to lose many opportunities throughout your life. Some convictions may lead to a fine and probation; others may lead to jail time.
If you were charged with possession of marijuana, do not talk to the police. Talk to as Asheville drug possession lawyer. Contact Scott K. Dillin to arrange a consultation.
Asheville Area Drug Recovery Programs
Scott Dillin is uniquely qualified to handle your case.
As a former District Attorney, he has in-depth knowledge of how drug possession cases are investigated and prosecuted. This experience allows him to identify weaknesses in the state’s case and pursue the most effective defense strategy for you. When your reputation, record, and future are on the line, acting quickly and decisively can make all the difference.
Areas we serve: All locations · Buncombe County · Haywood County · Jackson County · Madison County
Local city pages: Asheville · Hendersonville · Waynesville · Brevard
Practice areas: DUI & DWI defense · Speeding tickets · Drug possession · Free consultation
Frequently Asked Questions
A drug possession charge may be classified as a misdemeanor or felony depending on the substance, quantity, and circumstances. Larger quantities, prior convictions, or evidence suggesting an intent to sell can lead to more serious charges.
Yes. A drug possession lawyer may examine whether police had a valid warrant, legal justification for a traffic stop, or probable cause to conduct a search. If evidence was obtained unlawfully, the court may exclude it, which can significantly affect the prosecution’s case.
The presence of drugs in your vehicle or residence does not automatically prove that they belonged to you. Prosecutors must establish that you knowingly possessed or controlled the substance, and an attorney may challenge that element when other people had access to the location.
Depending on the circumstances, a marijuana possession conviction may result in fines, probation, jail time, and a lasting criminal record. It can also affect employment, housing, financial assistance, and other future opportunities.
Some people charged with drug possession in North Carolina may qualify for programs or other case resolutions that can help them avoid a conviction or maintain a clean record. Eligibility depends on the charge and the person’s circumstances, so an Asheville drug possession lawyer can review the available options.