How to Get Drug Possession Charges Dropped in North Carolina

North Carolina’s no-tolerance stance on drug possession charges means that many people who are convicted of possessing a controlled substance face the possibility of serious jail or prison time. If you are facing drug charges, you may be wondering how to get drug possession charges dropped in North Carolina. With legal representation from an experienced DMV hearing attorney in Gastonia, you can explore effective strategies for securing a dismissal that protects your freedom.

Understanding Drug Possession Penalties in North Carolina

Whether you live in historic Oakwood, upscale Myers Park, Brier Creek, or elsewhere in North Carolina, being caught with a controlled substance can lead to your immediate arrest. The penalties for drug possession depend on the type of drug, its quantity, and the suspect’s criminal history, among other factors. Many drug possession charges are classified as a felony.

State laws carry even harsher penalties for individuals found possessing drugs with the intention of selling them or manufacturing illicit substances. The type of drug often triggers specific penalties, with methamphetamine-related offenses being punished more harshly. As with any criminal charge, the outcome of a drug possession case depends on the prosecution’s evidence and the strength of the defendant’s legal representation.

Can Drug Possession Charges Be Dropped in North Carolina?

In Wayne County alone, law enforcement made 368 drug arrests in 2023, including 170 related to methamphetamine. The criminal justice system is tasked with determining whether a defendant committed a crime, and there are several situations where criminal charges can be dropped. One way that defendants can go free is when there were constitutional violations during the initial search or arrest.

Prosecutors have the burden of proof for proving guilt beyond a reasonable doubt. When the case lacks the evidence to move forward, charges may be dropped. During the court process, laboratory testing may come up negative, or there may be issues with the credibility of a witness. Defense attorneys work to protect the rights of defendants in these situations.

Strategies for Having Your Drug Charges Dropped in Court

Finding the right defense strategy for your case begins with a close examination of the evidence. Once your defense attorney has read witness statements, reviewed law results, and looked into how and why you were arrested, they can focus their efforts accordingly. Any steps that weaken the state’s case can position you for a favorable outcome in your case.

Your lawyer can focus on proving that you did not have possession of the drugs or that you were mistakenly identified as the suspect. In other cases, your lawyer may focus on violations of your constitutional rights.

Why You Should Hire a Drug Crime Lawyer

Drug crimes are a serious matter in North Carolina. The estimated overdose rate in North Carolina was 99.3 per 100,000 residents in the state. If you are facing drug possession charges in North Carolina, your top priority should be to hire a drug crime lawyer who can fight for your freedom. The state’s drug crime laws carry harsh penalties for anyone convicted of possession, which is why you need a lawyer to manage your drug crime case.

A North Carolina drug crime attorney can begin by reviewing the evidence to see where law enforcement may have violated your rights or made a procedural error. If there is insufficient evidence to prove your guilt, your attorney can take steps to have your drug possession charges dropped. Prosecutors rarely do so on their own, which is why legal representation throughout the process is crucial.

FAQs About Getting Drug Possession Charges Dropped in North Carolina

How Do I Get a Simple Possession Charge Dropped in North Carolina?

You can get drug possession charges dropped in North Carolina by hiring an experienced criminal defense attorney. They can explore a range of legal options to have your charges dismissed. Lawyers are skilled investigators who can scrutinize the evidence or gather new evidence to support your case. They can also work to show that the state cannot meet its burden of proof.

What Evidence Influences the Decision to Drop Drug Charges?

The evidence that influences the decision to drop charges includes:

• The test results from the drug laboratory
• Witness statements
• Police reports
• Video footage of the defendant’s arrest
• Any other key pieces of evidence unique to your case

Any steps your lawyer takes that lead to evidence being found not credible or suppressed can position you for a favorable outcome in court. Knowing what to look for and what type of motion to file can be crucial for having criminal charges dropped.

How Do I Beat a Drug Possession Case?

You can beat a drug possession case by casting doubt on the prosecution’s narrative of events. Whether that involves showing that the drugs were never in your possession or that the state cannot prove that you possessed the drugs, having legal representation is crucial. An attorney can guide the case toward a favorable conclusion by taking decisive action to protect your rights and interests.

How Do I Convince a District Attorney to Drop Charges?

Speaking directly with the district attorney without legal representation would not be advisable. The prosecution’s focus is on securing a conviction, and anything you say to them could be used against you. An experienced criminal defense lawyer can negotiate favorable terms for dropping your charges or reducing them to a lesser offense.

Explore Your Options for Having Drug Charges Dropped

If you are seeking legal representation from a lawyer who can get your drug possession charges dropped, The Law Firm of Brent D. Ratchford can provide unwavering defense for your criminal case. In 1997, our founding attorney opened his firm in Gastonia, NC, where he was born and raised. He maintains active memberships with multiple legal associations, including the North Carolina Academy of Trial Lawyers.

As a leading criminal defense attorney in the state, our founding attorney can rely on his decades of experience to manage your case with a focus on protecting your freedom. With the right defense strategy, it is possible for your charges to be dismissed. Contact our office today to learn more about how we can safeguard your future and freedom.