Criminal Lawyer Charlotte NC
Whether one is in possession of drugs would seem obvious. However, that applies only if someone is in “actual” possession of drugs. However, possession of a controlled substance can also be shown where the suspect did not actually possess the drugs. When drugs are found in or on someone’s property, and that person had 1) knowledge of the presence of the drugs, and 2) ability to control the drugs, they may be found to be in “constructive possession”.
We represent people facing the following drug charges:
- Drug trafficking
- Doctor Shopping
- Prescription fraud
- Possession with intent to sell or deliver
- Possession of counterfeit controlled substances
- Drug manufacturing/growing of controlled substances
- Possession of drug paraphernalia
- Possession of designer drugs
Constructive possession can be shown by incriminating circumstances.
In North Carolina, Possession with Intent to Sell or Distribute (PISD) drugs requires the State to prove two things.
First, they must prove that you possessed the drugs in question.
Next they must prove that you had the “intent to sell or distribute” the drugs.
It is often said that “intent” is seldom provable by direct evidence. It generally must be inferred from the evidence. Such evidence might include the quantity of the drugs if it were more than what one might consider to be a “user amount”. Other evidence might be the way the drugs are packaged, as if for sale. Likewise, large quantities of cash are often associated with the intent to sell.
The offense of Drug Trafficking requires the possession with intent to sell or deliver a certain quantity of drugs. In North Carolina, conviction of drug trafficking results in a mandatory prison sentence, depending on the type and quantity of drugs. Conspiracy in both State and Federal courts require proof of an agreement between two or more individuals to sell or deliver drugs. One of those persons must do something affirmative, indicating their intent to violate a drug law after the agreement is made.
Many people are arrested based on information given to law enforcement officers by Confidential informants (CI or CRI). If that person merely gives the police information that they saw a person in possession of drugs, the police may obtain a search warrant and make an arrest. Under that circumstance, the “tipster’ or CI remains confidential, or anonymous. However, if a person is arrested after making a drug transaction with a particular individual, the name of that that cooperating individual may be disclosed. This is often referred to as a “controlled buy”.
The attorneys at the Law Office of Charles L. Morgan, Jr. PA can give you the assurance that your rights will be protected if ever you, a loved one or close friend is facing drug charges. They will investigate the facts, research the law, negotiate the best resolution if appropriate, file and litigate suppression motions if warranted and vigorously defend you at trial if appropriate and desired. Contact an experienced Charlotte North Carolina defense attorney today.