What’s Drugs Got To Do, Got To Do With It!
Currently, North Carolina’s prosecution of drug offenses is governed by the North Carolina Controlled Substances Act. The North Carolina Controlled Substances Act is a 70-page declaration, articulated and enacted by the North Carolina Legislature under the North Carolina General Statute, Chapter 90, Article 5. (N.C.G.S. § 90-86). The Act classifies every controlled substance that has been identified by the legislature and dictates the classification and level of crime associated with violating the Act. Certain violations of the act can warrant as high as a Class C Felony with a possible minimum term of 225 months and a maximum term of 282 months in the State’s prison, while also facing a hefty fine.
However, just being charged does not automatically guarantee you a conviction and time behind bars. While there is a wide array of crimes associated with the North Carolina Controlled Substances Act, most, if not all, rely on some of the same fundamental elements. Elements like the possession of a substance, knowing that the substance is in your possession, that the substance is an articulated controlled substance, and others depending on the crime, are things the State is required to prove for you to be found guilty. Each fundamental element can be challenged to provide you with the proper defense and advocacy that you deserve.
For instance, when charged with certain drug crimes, the State must present evidence showing that you, in fact, unlawfully possessed a controlled substance, for which you are charged. If there’s no other corroborating evidence and the State fails to produce any chemical analysis of the substance as being a controlled substance, the State would not have met its burden and you would have a right to move the court to dismiss your charges. In the event the State does have an independent, chemical analysis of the substance, you still have the right to challenge the results by questioning if the chemical analyst was licensed at the time, was the substance the same substance they took from you, was the test done correctly, and many other ways that, if proven to be incorrect, would result in the test being inadmissible in your proceedings.
Formulating these types of defenses are time sensitive and require a detailed analysis of your case. Call the Criminal Defense Team of Hatch, Little & Bunn, at 919-714-4306. Located in Wake County, North Carolina, our team of attorneys have more than 40 years of experience handling drug charges. Our team is prepared to represent you and appear before Wake County judicial officials. We can quickly respond to your issue and advise you of any immediate legal remedy we may see. Do not delay in contacting us.
A drug charge is a serious matter and should not be taken lightly. Do not take on this fight alone, putting yourself at an unnecessary risk. Our attorneys are ready to fight for you. Call us to learn about your options. We are here to help. Call the Wake County criminal defense lawyers of Hatch, Little & Bunn today!