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Criminal Defense
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Personal Injury
Raleigh Drug Crimes Lawyer
Serving Wake County & Beyond
250+ Reviews and counting
Drug charges in North Carolina can carry serious penalties that affect your freedom and future. Schedule a confidential consultation with an experienced defense attorney to discuss your case.
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If you’ve been charged with a drug crime in North Carolina, you’re facing a legal system designed to deliver harsh punishments, even for what might seem like minor offenses. From simple possession to trafficking, drug charges carry severe penalties that can include years in prison, substantial fines, and a permanent criminal record that will follow you for life. At DeMent Askew Johnson & Marshall, we’ve defended thousands of clients against drug charges throughout Raleigh and across North Carolina. We understand that good people can find themselves in bad situations, and that many drug charges result from illegal searches, mistaken identity, or overzealous prosecution. Don’t wait to get help. What you do right now will determine your future.
North Carolina law classifies controlled substances into different categories based on their potential for abuse and accepted medical use. The type of drug, the amount involved, and the nature of the alleged offense all affect the severity of charges and potential penalties you face.
Possession of controlled substances for personal use is the most common drug charge. Penalties vary significantly based on the specific substance and quantity involved. While some possession charges may be misdemeanors, others can result in felony convictions with years of prison time.
When prosecutors believe you intended to distribute drugs rather than use them personally, charges become significantly more serious. Evidence of intent can include the quantity of drugs, how they’re packaged, the presence of scales or baggies, large amounts of cash, or communications suggesting sales.
Trafficking charges don’t require proof of actual sales or distribution. Simply possessing amounts above certain statutory thresholds can trigger trafficking charges with mandatory minimum prison sentences. These thresholds vary by drug type and can result in decades of prison time and hundreds of thousands of dollars in fines.
Growing marijuana plants, operating methamphetamine labs, or manufacturing other controlled substances carries serious felony penalties. These charges often involve additional counts related to precursor chemicals, equipment, or endangering children if manufacturing occurred near minors.
Possessing items used to package, process, or consume illegal drugs can result in separate criminal charges, though these are typically less severe than charges for the drugs themselves.
A drug conviction creates consequences that extend far beyond any jail sentence:
Depending on the charges, you could face months or years in prison. Trafficking charges carry mandatory minimum sentences that judges cannot reduce, regardless of circumstances.
Drug convictions can result in substantial fines, court costs, and attorney fees. You may lose your job and face difficulty finding employment for years to come.
A drug conviction stays on your record permanently in most cases, affecting employment, housing, professional licenses, and educational opportunities.
Federal law prohibits students with drug convictions from receiving financial aid, potentially ending educational opportunities.
Many landlords automatically reject applicants with drug convictions, making it difficult to find housing.
Background checks routinely screen for drug offenses, limiting career opportunities for decades.
Doctors, nurses, teachers, attorneys, and other licensed professionals may lose their ability to practice.
Many drug convictions result in automatic license suspension, even when the offense didn’t involve a vehicle.
Non-citizens face potential deportation or inadmissibility even for minor drug offenses.
Child custody and visitation rights can be restricted based on drug convictions. These consequences often last far longer than any jail sentence, creating a lifetime of barriers to rebuilding your life.
Effective drug crime defense requires thorough investigation and strategic legal approaches. Our experienced defense team employs proven strategies, including:
Many drug cases involve constitutional violations that can lead to dismissal:
We scrutinize every aspect of the prosecution’s evidence:
When drugs are found in vehicles, homes, or other spaces with multiple people, we challenge:
For eligible clients, we pursue alternatives to conviction:
When you choose our firm to defend against drug charges, you benefit from:
We don’t just defend cases—we defend people, reputations, careers, and futures.
If you’ve been charged with a drug offense in Raleigh or anywhere in North Carolina, time is critical. Here’s what you need to do immediately:
The sooner we can begin building your defense, the more options we’ll have to fight the charges. Early intervention can sometimes lead to charges being reduced or dismissed before they permanently impact your record.
At DeMent Askew Johnson & Marshall, we understand what’s at stake when you’re facing drug charges. Your freedom. Your reputation. Your career. Your future. Our team of experienced criminal defense attorneys is ready to stand between you and the severe consequences of a drug conviction. The consultation is completely confidential. Call us now or complete our online contact form to schedule your consultation. There’s a right way and a wrong way to handle drug charges—let us help you protect everything that matters.
Serving clients in Raleigh, Durham, Orange, Carteret, and Chatham Counties, and throughout North Carolina.
Wake County
Carteret County
Durham County
Orange County
Chatham County
Johnston County (Smithfield courthouse only)
Simple possession means having drugs for personal use. Possession with intent to distribute means possessing drugs with the intent to sell or give them to others. Intent can be inferred from the quantity of drugs, presence of packaging materials, scales, large amounts of cash, or other evidence suggesting distribution rather than personal use. The penalties for possession with intent are significantly harsher than for simple possession.
Under current North Carolina law, the odor of marijuana can still provide probable cause for a search. However, this area of law is evolving, and there may be grounds to challenge such searches based on specific circumstances. Our attorneys carefully examine whether officers had legitimate probable cause for any search and whether they properly respected your constitutional rights.
This involves the concept of “constructive possession,” where prosecutors must prove you had knowledge of the drugs and the ability to control them. Having drugs in your car or home creates a presumption, but it’s not conclusive proof of possession. We develop defenses based on lack of knowledge, lack of control, or the presence of other individuals who may have been responsible for the drugs.
Not necessarily. First-time offenders charged with simple possession of small amounts may qualify for conditional discharge programs under N.C.G.S. § 90-96, which can result in dismissed charges after completion of probation and treatment. Drug Treatment Courts and other diversion programs are also available in many counties. However, more serious charges can carry mandatory minimum sentences even for first-time offenders.
Some drug convictions can be expunged under North Carolina law, particularly for first-time offenders. The eligibility requirements depend on the specific offense, your criminal history, and the time elapsed since completing your sentence. Charges that were dismissed or resulted in not guilty verdicts can generally be expunged more easily. Our attorneys can evaluate your eligibility for expungement and guide you through the process.
Contrary to popular belief, police aren’t required to read Miranda warnings immediately upon arrest. They’re only required before custodial interrogation—questioning while you’re in custody. If police obtained incriminating statements from you while in custody without Miranda warnings, those statements may be suppressible. However, physical evidence discovered as a result of the arrest would likely still be admissible.
Yes. Possessing prescription medications without a valid prescription, possessing more than prescribed, or selling/sharing prescription medications can all result in criminal charges. Common prescription drugs that lead to charges include opioid painkillers, benzodiazepines, and ADHD medications.
State charges are prosecuted under North Carolina law in state courts, while federal charges are prosecuted under federal law in federal courts. Federal charges typically involve larger quantities, crossing state lines, or activities on federal property. Federal penalties are often more severe, with mandatory minimum sentences and no parole. Our firm handles both state and federal drug cases.
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