Harsh North Carolina Drug Laws
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Drug Crime
As per Chapter 90, Article 5 of the North Carolina General Statutes, drug crimes can either be categorized as misdemeanors or felonies but they are all statutory crimes. Even mere possession of less than half an ounce of marijuana, is considered to be a Class 3 misdemeanor.
Harsh Penalties
The penalties for drug crimes are very harsh in North Carolina which is evident from the following example.
A defendant might be sentenced to a mandatory minimum sentence of nearly 19 years in prison for a Class C felony arising out of trafficking 28 grams or more of opium, including heroin, if it is proved that the defendant knowingly "sold, manufactured, delivered, transported, possessed or conspired to sell manufacture, deliver transport or possess" the drug. If, a person is caught in such circumstances, a North Carolina Criminal Attorney can offer proper legal guidance. In comparison, the laws in New York are less harsh.
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Various Types of Drug Charges
A common crime in North Carolina relates to using forged documents or fraud to obtain prescription medication. The defendant might be charged with a misdemeanor or charged with a felony if "intent" is proved by the prosecutor. The defendant's NC criminal defense attorney might go in for a misdemeanor plea in order to preempt the prosecutor from making a felony charge as it would not be difficult for him to prove "intent."
A defendant can also be charged with possession of controlled substance with intent to sell or deliver. All that the prosecutor needs to do here is to prove that the defendant possessed it and that he intended to sell, manufacture or deliver it without having to prove that it was actually sold. For proving "intent", the prosecutor has to show that the amount of the controlled substance was higher than what the defendant could use in person.
In North Carolina, it is a drug crime to possess fake controlled substance with intent to sell or deliver. If a person is caught selling a fake substance for a low sum of money, he would not be charged for fraud but instead be charged with a minimum Class 1 felony in North Carolina.
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Minimum Mandatory Sentences
If a person is charged with any of the above drug offenses, he would face a mandatory sentence. He would need to consult a NC criminal attorney to know his options as these sentences range from a minimum of 5 years to a maximum of 20 years in prison. However, the defendant's North Carolina criminal attorney can help his client by resorting to the provision of "substantial assistance" which can persuade the judge to pronounce a reduced punishment.
BBC News
"Substantial Assistance"
This scheme involves helping the police after being arrested by providing inside information regarding the drug trafficking racket. If the defendant provides information regarding who, where, what and how he procured the drugs and how the trafficking actually works, he can receive a much lighter drug trafficking sentence.
In order to apply the above, the defendant needs the help of a North Carolina criminal attorney who would make sure that the above procedure is kept a secret and he is protected from harm.
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