Fighting Drug Possession And Sales Charges
Drug possession and sales convictions carry harsh sentences in North Carolina. While the state does offer several first offender programs to avoid prosecution for people with no prior criminal record, most people are facing serious time behind bars. If the arrest results in a felony conviction, that conviction follows you for the rest of your life. Felony convictions can affect your ability to get a job, find a place to live and your ability to get certain loans.
If you’ve been charged with drug possession or selling drugs, it’s important to get a lawyer as soon as possible. The sooner we can begin working on your defense strategy, the better your chances of getting your charges reduced or dropped. Contact attorney Karen D. Gerber today by calling 336-725-6611 or filling out our online contact form.
Understanding Actual Possession Versus Constructive Possession
The definition of what constitutes drug possession in North Carolina is broad in nature. Everyone understands that if you are arrested while having a controlled substance on your person you will be charged with possession. Under these circumstances, the crime is known as “actual possession.”
However, you can also be charged with possession without actually having a controlled substance with you or near you. If you have intent to use a controlled substance that you have control of, regardless of where the controlled substance is located, you can be arrested for “constructive possession.” This means that if there is a controlled substance locked up in your garage, you can be charged with possession regardless of where you are at the time of your arrest.
Penalties For Selling And Possessing Drugs
With the exception of possession of a Schedule V drug (a prescription drug like codeine with a low risk of addiction), all penalties for drug possession and drug selling convictions are felonies with sentences up to 47 months in jail. These crimes include possession of a controlled substance, possession with the intent to sell and deliver (PWISD) and the sale or delivery of a controlled substance. The severity of the sentence is based on the total weight of the controlled substance in your possession, if you have a criminal record and whether you qualify for a first-time offender diversion program.
Contact the Law Offices of Karen D. Gerber Now
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