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drug charges Archives

What is probable cause in a search and seizure?

When facing a drug crime, many defendants in North Carolina question how it got to this point. What information did law enforcement use to interact with them and what evidence was used to arrest and charge them? It is not always clear to those facing drug charges that the evidence collected against them isn't always sound. This means that it was not legally collected or the standards used by law enforcement were not followed when they collected and handled evidence. Thus, it is important to question the evidence used against you.

The requirements of a valid search warrant

When it comes to our Constitutional rights, people in North Carolina and nationwide tend to focus on the few that really matter to our lives. One of these is the Fourth Amendment. This guarantees that unreasonable searches and seizures will not occur. While this right is in place, this does not mean it is always upheld, even when a warrant is issued. When a search requires a warrant, this document must meet certain requirements before it can be deemed valid. Even more so, when a warrant is valid, it must be followed when seizing items during the parameters of the search.

An overview of North Carolina's jail diversion program

It is not easy to face drug charges. Being accused of a drug crime tends to immediately impact a person's personal and professional life. Thus, taking immediate action can be imperative, because sometimes a deal can be worked out. Such a deal could provide the accused with the option to avoid jail time. Programs have been designed to help reduce the prison populations, while also helping those with substance abuse problems. These programs are known as jail diversion programs.

Using malicious intent for a criminal defense strategy

We all like to think that others have good intentions in the actions they take. And while law enforcement and state actors typically act with the best interests of the general public in mind, this unfortunately is not always the case. When individuals are charged with a drug crime, this does not automatically mean that the evidence collected is valid or that the arresting or prosecuting party has a valid claim to pursue an arrest or resulting charges. Because of this, it is vital that defendants understand that they could have been wrongfully charged due to malicious intent by law enforcement.

Developing a strong defense against drug charges

Even when a crime is described as simple or minor, this doe not mean that it can't have a major impact on the life of the accused or convicted. Because of that, individuals charged with a drug crime, no matter its severity, should take the time to understand your rights and options to defend him or herself.

What constitutes possession with the intent to distribute?

Whether it is a search following a traffic stop or a search of a home, when law enforcement locates drugs in the possession of a suspect, this could result in drug charges. Any drug crime has the potential of carrying serious penalties; however, when the accused is found with a certain amount of a controlled substance, this could result in more than just a possession charge.

Three in North Carolina are facing drug and firearm charges

Police searches can have a wide variety of results. When authorities in North Carolina suspect that unlawful activities are taking place, a search warrant will likely be sought. However, even when this step is taken and evidence is collected, this does not necessarily mean that all proper measures were taken. Thus, when a defendant is charged with crimes related to the search that was conducted, this does not mean this evidence will remain. Additionally, if evidence is dropped, a defendant could face lesser or no charges.

Traffic stops and an unlawful search of the vehicle

Being pulled over by a police officer is not an enjoyable experience; however, it is one that most North Carolina motorists experience at least once in their lifetime. While a traffic stop could result in a warning or a minor speeding ticket, they could also evolve into a much larger situation. If police officers suspect that something illegal might be going on, they might seek to search your vehicle. Depending on what officers uncover, a simple traffic stop could turn into a drug charge.

What are the penalties for drug possession?

Facing charges for possession of a drug might seem like a minor charge when it comes to drug crimes, however, this charge could result in a defendant facing serious consequences if convicted. Depending on the type of controlled substance the accused is found in possession of and the quantity of the drug they currently possess, one could face a minor possession charge or they could face a possession charge with the intent to distribute. Both carry very different charges and penalties.

North Carolina man facing drug crimes flees from court

When individuals in North Carolina and elsewhere are accused of a crime, many things rush through their mind. He or she may not be fully aware of their situation and what penalties it poses on their life. Regardless of the severity of the crime, the fact of the matter is that the accused must go through the criminal process to determine if he or she is convicted of the crime or not. Failure to go through this process could result in even harsher penalties.

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Brannen & Walker Attorneys at law

141 Union Street S
Concord, NC 28025

Phone: 704-594-4128
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