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Criminal Defense
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Personal Injury
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.
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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 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:
These include heroin, LSD, MDMA (ecstasy), and psilocybin (mushrooms).
These include cocaine, methamphetamine, oxycodone, and fentanyl.
These include ketamine, anabolic steroids, and some barbiturates.
These include Xanax, Valium, and other benzodiazepines.
These include preparations with limited amounts of narcotics.
Most people focus only on potential jail time, but drug convictions carry devastating collateral consequences that can follow you for life:
One moment of being in the wrong place at the wrong time can create years—even decades—of obstacles to rebuilding your life.
A drug possession charge is not the same as a conviction. With skilled legal representation, there are multiple pathways to fighting these charges:
The Fourth Amendment protects against unreasonable searches and seizures. We scrutinize every aspect of your case for police misconduct:
If your rights were violated, we can file a motion to suppress evidence, potentially dismissing your entire case.
Prosecutors must prove you knowingly possessed the drugs. We develop defenses based on:
Drug cases rely heavily on laboratory evidence that isn’t always reliable:
North Carolina offers several programs for eligible first-time offenders:
When appropriate, we negotiate with prosecutors for:
When your future is at stake, experience matters. Our firm offers:
We don’t just defend cases—we defend people, careers, reputations, and futures.
Time is critical. Here’s what you need to do immediately:
The decisions you make now will determine your future. Don’t face these charges alone.
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.
Wake County
Carteret County
Durham County
Orange County
Chatham County
Johnston County (Smithfield courthouse only)
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.
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.
Even when the evidence seems overwhelming, an experienced attorney can make a tremendous difference by:
Minimizing collateral consequences to your life.
Every case has defenses—sometimes they’re not obvious until an experienced attorney examines all the details.
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.
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.
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.