Raleigh Drug Crimes And Drug Possession Lawyer

The Kotzker Law Firm, P.C. is a criminal defense law firm that has successfully defended countless clients against drug crime and drug possession charges in Raleigh and the surrounding areas. Our attorneys have the knowledge and experience necessary to build a strong defense on your behalf and help you avoid the harsh penalties associated with a conviction.

If you have been charged with drug possession, it is important that you contact an experienced criminal defense attorney as soon as possible. The sooner we can start working on your case, the better chance we have of achieving a favorable outcome. Contact us today for a free consultation.

What Is Drug Possession?

Under North Carolina law, it is illegal to knowingly possess a controlled substance unless it was obtained through a valid prescription. The term “controlled substance” refers to drugs that are regulated by state and federal law.

Examples of controlled substances include:

Marijuana
Cocaine
Heroin
Methamphetamine
Ecstasy

Drug possession laws in North Carolina are outlined in the North Carolina Controlled Substances Act.

Under this law, it is illegal for anyone to:

Manufacture, deliver, or possess a controlled substance with the intent to sell
Manufacture, deliver or possess with intent to sell a counterfeit controlled substance
Have a controlled substance in your possession for personal use
Possess a chemical with the intention to use it for making methamphetamine or other controlled substances
Possess or sell a chemical knowing it will be used to make methamphetamines or other controlled substances

ACTUAL POSSESSION VS. CONSTRUCTIVE POSSESSION

The first step in defending any drug possession charge is to understand whether the drugs were found on your person or property (actual possession), or if they were found elsewhere (constructive possession). The drugs must be in your physical control for you to be charged with actual possession. If the drugs are not physically on your person but are instead located somewhere else, such as in a car or house, then you may be charged with constructive possession.

To convict you of constructive possession, the prosecutor must prove that:

You knew the drugs were present; and
You had the ability to exercise control over them.

If drugs are found in a car, for example, the prosecutor would have to show that you were aware of the drugs’ presence and that you had the ability to control them. If someone else was in the car with you, it may be more difficult for the prosecutor to prove that you knew the drugs were there and that you had control over them.

POSSESSION WITH INTENT TO SELL OR DISTRIBUTE

If you are charged with possession with intent to sell or distribute drugs (PWISD), the prosecutor must show that you intended to sell or distribute the drugs, in addition to proving that you knew the drugs were present and had control over them.

The prosecutor may try to prove your intent to sell or distribute drugs by presenting evidence of:

The amount of drugs found;
Packaging materials found with the drugs;
The presence of large amounts of cash; or
Text messages or other communications recovered from your phone.

If you are facing charges for possession with intent to sell or distribute drugs (PWISD), it is important to have an experienced drug possession lawyer on your side who can help you challenge the evidence against you.

POSSESSION OF DRUG PARAPHERNALIA

In North Carolina, it is also a crime to possess drug paraphernalia. Drug paraphernalia is defined as any equipment, product, or material that is used or intended to be used to grow, cultivate, manufacture, convert, produce, process, prepare, test, analyze, package, repackage, store, contain, conceal, inject, ingest, inhale, or otherwise introduce drugs into the human body.

If you are caught with drug paraphernalia, you may be charged with a simple misdemeanor offense. However, if you have prior drug convictions on your record, you may be facing felony drug charges. If you are facing charges for possession of drug paraphernalia, you need an experienced drug possession lawyer who can help you fight the charges and protect your rights.

Some examples of drug paraphernalia include:

Bongs
Pipes
Rolling papers
Scales
Baggies
Spoons
Syringes