Drug possession charges often punish addiction rather than drug trafficking. In many cases, you may need support instead of incarceration and a criminal record, and getting your drug charges dropped can help you move forward with your life. In other cases, possession charges result from being in the wrong place at the wrong time, and you need legal representation to help you navigate the system and advocate on your behalf.
Regardless of the circumstances of your case, the team at Hiltzheimer Law Office knows your future is on the line. Here is a closer look at what these charges can involve and how to get a possession charge dropped before it changes your life for the long term.
Why Beating a Drug Possession Charge Matters
Lower-level drug possession charges, such as marijuana and certain prescription medications possessed without a prescription, are treated as a misdemeanor drug crimes in North Carolina. However, even with misdemeanor possession, you can face up to 120 days in jail, depending on your prior criminal record.
Moreover, if prosecutors allege that you possessed with the intent to distribute, you may face felony drug possession charges. Similarly, you can end up with felony drug charges if you are charged with possession of a Schedule I or II drug such as methamphetamine, cocaine, heroin, MDMA (ecstasy), LSD, fentanyl, and others. A conviction on these charges could result in up to 24 months in prison.
In addition to any jail time you may receive, judges can also impose fines and probation. These punishments can have severe consequences for your financial stability, particularly if you lose your job during your incarceration or due to your probation restrictions.
You may also experience the collateral consequences of a conviction for drug charges. For example, a criminal record could prevent you from enrolling in school, gaining certain jobs, or receiving government benefits. You might also deal with the stigma in the community of having a criminal history.
Thus, having a lawyer who understands the legal strategies for getting a possession charge dismissed could change the course of your life.
Know the Law: What You’re Really Being Charged With
North Carolina law prohibits illegally possessing a controlled substance. Controlled substances include all of the following:
- Illegal drugs, such as heroin, cocaine, fentanyl, and methamphetamine
- Prescription drugs for which you do not have a valid prescription
- Marijuana legally obtained in another state or on tribal lands and brought into the jurisdiction
The state’s drug possession laws cover both actual and constructive possession. Actual possession occurs when the drugs are on your person. However, a police officer does not need to find the drugs on you to arrest you for drug possession.
Constructive possession occurs when drugs are found in a place where you have access and control. For example, you can face drug possession charges if the police find illegal drugs in the trunk of your vehicle, your storage unit, or a box under your bed. Thus, you can face possession charges even when the police did not find the drugs on your body or in your clothing.
If you possess a personal amount of any drug other than cocaine, methamphetamine, or fentanyl, drug possession charges are usually treated as a misdemeanor. However, prosecutors can infer that you had the intent to distribute based on the quantity or the circumstances in which the drugs were found.
For example, possession of more than ten pounds of marijuana is often considered “marijuana trafficking” and can expose you to felony charges.
Finally, possession of drug paraphernalia is also a crime in North Carolina. If the police catch you with drugs and a pipe, for example, you could face charges for drug possession and possession of drug paraphernalia.
Proven Paths for How to Get Your Possession Charges Dropped
Your case can end in many ways. If the prosecutors prove beyond a reasonable doubt that you violated the law, they can secure a conviction. Conversely, you can be acquitted if you and your criminal defense lawyer can build a viable defense to beat a possession charge based on the facts of your case.
There is also a middle ground in which you do not go to trial, but instead develop a strategy to get a possession charge dropped short of a trial. Some strategies to get drug charges dropped include the following:
Establish a Strong Defense
You have several defenses you can raise against drug possession charges. A strong defense may convince prosecutors that they cannot win. As a result, they may dismiss the drug charges against you if your lawyer can persuade the DA’s office that the evidence is insufficient, or may be suppressed under a constitutional theory.
For example, your defense attorney might prove that the police found the drugs in an illegal search under the Fourth Amendment. An unlawful search and seizure occurs when the police search you without obtaining a search warrant, securing your permission, or proving that the circumstances fall into an exception to the search and seizure requirements.
The Fourth Amendment protects individuals from an unlawful search and seizure. As a result, a judge may throw out any evidence obtained illegally, and the prosecution might be forced to dismiss the case for insufficient evidence.
Similarly, you might prove that the drugs did not belong to you. Someone else might confess to owning the drugs. Alternatively, you might be able to show that you were unaware that the drugs were in your possession.
For instance, you may prove that you recently bought the used car where the drugs were found and that they were already there when you received it.
Cooperate With Prosecutors
When you have a personal amount of a controlled substance in your possession, even prosecutors will typically view the charges as minor. However, if your assistance can help the government take down a drug dealer or distributor, you might get your drug possession charges dropped along the way.
Work Out a Plea Bargain
If you’ve found yourself searching “legal ways to get possession charge dropped,” you might be surprised to know that a skilled criminal defense attorney can explore alternative pathways outside the court system. For example, some prosecutors may be willing to reduce or drop your charges if you have voluntarily completed drug rehab since your arrest.
Consider talking to a criminal defense lawyer promptly after your arrest to identify the steps you can take to help them negotiate a plea deal where you plead guilty to lesser charges or have your charges dropped altogether.
Pretrial Diversion and Alternative Resolutions for Drug Charges
North Carolina’s judicial system has used Drug Treatment Courts, now renamed Recovery Courts, for over 30 years. This option is generally only available to non-violent drug offenders with a diagnosis of substance abuse disorder.
There are a variety of other deferral options available in various counties, including First Offender Programs, formal and informal deferrals, and what is known as a Conditional Discharge. All of these options potentially result in a dismissal of the charges against you.
Getting into a drug diversion program requires the prosecution and the judge to agree. A skilled attorney can work with them early in your case to get it moved out of the legal system and into a drug diversion program so that you can get necessary assistance with addiction issues.
Plea Bargaining vs. Getting a Drug Possession Charge Dismissed: Making the Right Call
An experienced criminal defense attorney will start negotiating with prosecutors about how to get a possession charge dropped or a plea deal secured as early as possible.
Keep in mind that a plea bargain is not always the best option for dealing with your case. Most plea deals require you to plead guilty to a charge in exchange for a sentencing recommendation. This means you will still have a criminal record if you take a plea.
If you have a strong defense, you might have your possession charge dismissed entirely. This option saves you from a criminal record for your charges. For instance, if law enforcement officers searched your home without a valid search warrant or probable cause, your attorney might get your criminal charges dropped. Before pleading to a drug crime, discuss all the options with your defense lawyer.
Building the Strongest Case With Your Defense Attorney
In almost all cases, the drug charge dismissal process begins by building a tailored defense strategy for your situation. Your lawyer can analyze your situation based on the state’s drug laws.
You should discuss your situation honestly and openly so that your lawyer can provide the best advice for your case. Attorney-client confidentiality protects anything you say to your lawyer.
Once the lawyer understands your situation, you can discuss the possession charge legal defense strategies that might apply. The course that you choose will depend on your goals. If you need drug treatment and are eligible for diversion, for example, you could consider Recovery Court.
Conversely, if you have persuasive evidence that you did not have constructive or actual possession of any illegal substances, you might weigh seeking a dismissal or taking your case to trial. Your lawyer can review all of your options and help you choose the right one for your circumstances.
What to Do Now: Protect Your Rights by Calling a Criminal Defense Law Firm
Having a drug possession case thrown out can save you the time, expense, and risk of taking your case to trial. However, not all cases will fit the circumstances where a dismissal can occur.
It’s vital to discuss all the options for dealing with your case with our skilled team before committing to a particular strategy. With our in-depth knowledge of North Carolina law and decades of experience at our disposal, we can fight tirelessly to secure the best possible outcome in your case. Contact Hiltzheimer Law Office to get started today.
