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Charged With Drug Possession in Raleigh?

Even a possession charge can put your record, job, and future at risk. Schedule a confidential consultation with an experienced Raleigh defense attorney to discuss your case.

  • Work directly with a Raleigh criminal defense lawyer
  • Defense for misdemeanor and felony possession charges
  • Protecting clients in Raleigh and throughout Wake County

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The officer finds a bag in your car. Maybe it’s not yours. Maybe you forgot it was there. Maybe it belongs to a friend who was in your vehicle earlier.

Now you’re facing drug possession charges in North Carolina—a state with some of the harshest drug laws in the country.

At DeMent Askew Johnson & Marshall, we understand that good people can find themselves in bad situations. Drug possession charges don’t just threaten your freedom—they endanger your entire future. Your career, education, housing, and family relationships all hang in the balance.

You need more than just a lawyer. You need a dedicated legal advocate who understands the science, law, and strategy needed to fight drug possession charges effectively.

North Carolina Drug Possession Laws

North Carolina classifies controlled substances into six “schedules” based on their perceived danger and potential medical use. The schedule of the drug directly impacts the severity of your charges and potential penalties:

Schedule I Drugs

These include heroin, LSD, MDMA (ecstasy), and psilocybin (mushrooms).

  • Penalty: Class I felony, punishable by up to 5 years in prison

Schedule II Drugs

These include cocaine, methamphetamine, oxycodone, and fentanyl.

  • Penalty: Misdemeanor punishable by up to 2 years for small amounts
  • Enhanced Penalty: Class I felony (up to 5 years) if you possess:
    • More than 4 pills/capsules of hydromorphone
    • More than 100 dosage units of other Schedule II substances
    • One gram or more of cocaine

Schedule III Drugs

These include ketamine, anabolic steroids, and some barbiturates.

  • Penalty: Misdemeanor for less than 100 dosage units
  • Enhanced Penalty: Class I felony for more than 100 dosage units

Schedule IV Drugs

These include Xanax, Valium, and other benzodiazepines.

  • Penalty: Same as Schedule III

Schedule V Drugs

These include preparations with limited amounts of narcotics.

  • Penalty: Class 2 misdemeanor, up to 6 months in jail

Schedule VI Drugs (Marijuana)

  • Less than ½ ounce: Class 3 misdemeanor, up to 30 days and $100 fine
  • ½ to 1½ ounces: Class 1 misdemeanor, up to 2 years
  • More than 1½ ounces: Class I felony, up to 5 years

Beyond Jail Time: The Hidden Consequences of Drug Possession Convictions

Most people focus only on potential jail time, but drug convictions carry devastating collateral consequences that can follow you for life:

Education Impacts

  • Loss of federal financial aid for college students
  • Disqualification from certain academic programs
  • Expulsion from educational institutions

Employment Barriers

  • Failed background checks for most professional positions
  • Automatic disqualification from many government jobs
  • Licensing restrictions for healthcare workers, teachers, and other professionals
  • Diminished hiring prospects across nearly all industries

Housing Restrictions

  • Rental application denials
  • Public housing ineligibility
  • Difficulty securing mortgages

Family Consequences

  • Child custody complications
  • Adoption and foster care restrictions
  • Immigration consequences for non-citizens, including deportation

Financial Penalties

  • Court costs and fines
  • Probation fees
  • Mandatory drug testing costs
  • Increased insurance premiums

One moment of being in the wrong place at the wrong time can create years—even decades—of obstacles to rebuilding your life.

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5 Ways to Fight Drug Possession Charges in North Carolina

A drug possession charge is not the same as a conviction. With skilled legal representation, there are multiple pathways to fighting these charges:

1. Constitutional Challenges

The Fourth Amendment protects against unreasonable searches and seizures. We scrutinize every aspect of your case for police misconduct:

  • Was the traffic stop legal?
  • Did officers have a valid warrant or exception to search?
  • Were Miranda rights properly administered?
  • Did police extend a stop without reasonable suspicion?

If your rights were violated, we can file a motion to suppress evidence, potentially dismissing your entire case.

2. Challenging Possession

Prosecutors must prove you knowingly possessed the drugs. We develop defenses based on:

  • Lack of knowledge: You didn’t know the drugs were present
  • Lack of control: You had no dominion over where drugs were found
  • Multiple occupants: Challenging who actually possessed drugs in shared spaces
  • Temporary presence: You were merely visiting a location where drugs were found

3. Challenging Drug Evidence

Drug cases rely heavily on laboratory evidence that isn’t always reliable:

  • Chain of custody issues: Were samples properly handled and documented?
  • Laboratory testing errors: Were proper protocols followed?
  • Field test reliability: Many roadside drug tests produce false positives
  • Quantity disputes: Was the measured amount accurate?

4. Diversion Programs

North Carolina offers several programs for eligible first-time offenders:

  • Conditional Discharge (N.C.G.S. § 90-96): Complete probation successfully and charges are dismissed
  • Drug Treatment Court: Intensive supervision and treatment instead of incarceration
  • Deferred Prosecution: Charges dismissed after meeting specific conditions

5. Negotiation Strategies

When appropriate, we negotiate with prosecutors for:

  • Reduced charges: Felony to misdemeanor reductions
  • Plea to non-drug offenses: Avoiding the drug conviction stigma
  • Minimal sentencing: When other options aren’t available

Why Choose DeMent Askew Johnson & Marshall for Your Drug Possession Defense

When your future is at stake, experience matters. Our firm offers:

  • 75+ years combined criminal defense experience in North Carolina courts
  • Former prosecutors who understand how the state builds drug cases
  • Scientific knowledge to challenge forensic evidence and drug testing
  • Relationships throughout the court system that facilitate favorable negotiations
  • 24/7 accessibility during this critical time in your life
  • Comprehensive approach addressing both immediate charges and collateral consequences

We don’t just defend cases—we defend people, careers, reputations, and futures.

What to Do Right Now If You’re Facing Drug Possession Charges

Time is critical. Here’s what you need to do immediately:

  1. Exercise your right to remain silent. Don’t discuss your case with anyone but your attorney.
  2. Do not consent to searches of your person, vehicle, or property without a warrant.
  3. Document everything about your arrest and the police interaction while it’s fresh in your memory.
  4. Preserve all evidence that might help your case, including witness information and communications.
  5. Contact our office immediately for a confidential case evaluation.

The decisions you make now will determine your future. Don’t face these charges alone.

Contact Our Raleigh Drug Possession Defense Lawyers Today

At DeMent Askew Johnson & Marshall in North Carolina, we understand what’s at stake when you’re facing drug possession charges. One mistake or false accusation shouldn’t define the rest of your life.

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.

Areas served

Wake County

  • Raleigh
  • Cary
  • Apex
  • Morrisville
  • Garner
  • Holly Springs
  • Fuquay-Varina
  • Wake Forest
  • Rolesville
  • Knightdale
  • Wendell
  • Zebulon

Carteret County

  • Beaufort
  • Morehead City
  • Atlantic Beach
  • Emerald Isle
  • Newport

Durham County

  • Durham

Orange County

  • Chapel Hill
  • Carrboro
  • Hillsborough

Chatham County

  • Pittsboro
  • Siler City

Johnston County (Smithfield courthouse only)

  • Smithfield

FAQs

If the drugs weren't mine, can I still be charged with possession?

Yes. North Carolina law recognizes both actual possession (drugs found on your person) and constructive possession (drugs found in an area you control, like your home or car). Even if the drugs belonged to someone else, prosecutors can charge you if they believe you had knowledge of and control over the drugs. This is why skilled legal representation is essential—to challenge these assumptions and develop evidence showing you lacked knowledge or control.

Will I go to jail for a first-time drug possession offense?

Not necessarily. First-time offenders charged with simple possession 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. However, eligibility depends on the type and quantity of drugs involved, your criminal history, and other factors. Our attorneys work to keep first-time offenders out of jail whenever possible.

How can a lawyer help if I was caught with drugs in my possession?

Even when the evidence seems overwhelming, an experienced attorney can make a tremendous difference by:

  • Identifying illegal search and seizure violations
  • Challenging the prosecution’s evidence of actual possession or knowledge
  • Negotiating for entry into diversion programs
  • Seeking reduced charges or alternative sentencing

Minimizing collateral consequences to your life.

Every case has defenses—sometimes they’re not obvious until an experienced attorney examines all the details.

Can drug possession charges be expunged from my record?

Some drug possession 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 through conditional discharge programs are generally eligible for immediate expungement. Our attorneys can evaluate your eligibility and guide you through the expungement process.

What's the difference between possession and possession with intent to distribute?

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.

Should I accept a plea deal for my drug possession charge?

This depends entirely on the specific circumstances of your case. While plea offers may seem attractive, accepting them without skilled legal advice can have lasting consequences you don’t anticipate. Before accepting any plea, you should have an attorney review the evidence, identify potential defenses, and evaluate the long-term implications for your life. In many cases, we can negotiate better terms or even achieve dismissals where clients might have otherwise accepted unfavorable pleas.

Cases We Handle

Areas Served

IN RALEIGH:
333 Fayetteville Street,
Suite 1513
Raleigh, NC 27601 Get Direction
(919) 833-5555
IN MOREHEAD CITY:
810 Arendell Street
Morehead City,
NC 28557 Get Direction
(252) 251-5555
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