An arrest on drug charges can leave a defendant facing everything from steep fines to jail time to a record that will follow them around as they seek future employment and housing. But not everyone arrested is guilty. Some charges are too severe. And no matter the circumstance, every defendant deserves the vigorous legal representation envisioned by the U.S. Constitution. That’s what we provide at Chesnutt & Clemmons.
Our New Bern drug charge lawyers serve clients throughout Craven County and into Pamlico County, Carteret County, including Havelock. We work with both the English and Spanish-speaking communities.
Call today at (252) 300-0133 or reach out online to set up a free consultation. Payment plans available.
Drug-related arrests here in The Tar Heel State will generally fall into these categories…
- Possession: There are two different types of possession. In actual possession, the defendant literally has the drugs on their person. With constructive possession, the defendant has the drugs in position where they can manage and control them. The defendant with drugs right on the table in front of them can still be arrested for possession on these grounds.
- Sale: As the name of the offense suggests, this is when the defendant is caught selling illegal drugs.
- Manufacturing: It is illegal to sell, package or process an illegal drug, even if the defendant is not doing the selling or using of the final product .
- Possession with Intent: Perhaps the defendant wasn’t caught selling the drugs per se, but there are reasons to believe the drugs associated with the possession charge were meant for others as well. Evidence in this can range from any communication that indicates an intent to sell, to the quantity involved, and more.
- Trafficking: A more serious version of selling, a District Attorney may bring trafficking charges when drugs exceed certain quantities. The are different guidelines for each illegal substance.
The potential penalties in the event of conviction depend on factors that include the specific charge above, the previous record of the defendant, any other crimes that may have been involved, and the actual drug itself.
North Carolina law distinguishes illegal drugs into six different categories. They are separated based on their addictive quality and whether or not there are also legitimate uses for them. A drug with high addiction possibilities and no medicinal value will be treated more harshly than under the law than one at the opposite end of the spectrum.
Put the New Bern drug charge attorneys from Chesnutt & Clemmons on your side by calling (252) 300-0133 or filling out our online contact form to arrange for a free consultation.
Every case is different, and the defense strategy employed will naturally suit the individual circumstances of each one. But it’s important to note that the rights guaranteed in the 4th Amendment to the United States Constitution, protecting people from unlawful search and seizure, can play a significant role in drug cases.
Physical evidence—i.e., the drugs themselves—is often vital for the prosecution’s case. But police officers must lawfully obtain that evidence. They need probable cause to stop defendants. Depending on where the drugs are located, the police may need a search warrant to find them. The judge who signs the warrant must be given probable cause to do so. Failure to follow any of these guidelines can mean physical evidence was illegally found, and therefore inadmissible at trial. The inability to present this evidence in front of a jury can weaken, if not eliminate, the prosecution’s case. It’s the job of the New Bern drug charge lawyer to press ahead with an investigation on this and other issues affecting the case.
Marcus Chesnutt Attorney
Gary Clemmons Attorney
T.R. Cook Attorney
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