What are Felony Drug Charges?
The law in North Carolina frowns upon offenders who commit drug crimes. You risk being charged with a felony drug crime if you’re caught in possession of cocaine, methamphetamine, crack, heroin, and other narcotics. Possession of over a pound of marijuana or any amount of THC concentrate can also be a felony.
Generally, being caught in possession of an illegal drug can subject you to felony charges. The penalties upon conviction can be severe and life-changing. However, you can avoid a conviction with a solid defense strategy. Skilled Morganton trial lawyers can work with you to fight for a favorable outcome. The charges can be dropped or penalties reduced.
What Are the Possible Defense Strategies Against Drug Charges?
Aggressive felony defense attorneys in Morganton know how to navigate felony drug charges. They can evaluate your case and ask the right questions to understand whether you have grounds or a legal argument to challenge the charges. They can then help you develop a robust defense strategy. Some possible approaches are the following:
The Drug Search and Seizure Were Illegal
Your lawyers can evaluate whether the law enforcers obtained the drugs in question illegally or legally. If law enforcement illegally searched your car, house, or person, your team of legal experts could file a motion to suppress the evidence. The law stipulates evidence collected during an illegal search is not admissible in court.
The rule is known as the exclusionary rule, and it states that the police can’t benefit from it, and the government can’t build a criminal case by violating your constitutional rights. Morganton felony defense lawyers explain that the Fourth Amendment prohibits unreasonable searches and seizures. If this provision is violated, the police can’t use the evidence they collect against you.
If the evidence is withdrawn from the case, the prosecution will have difficulty proving the necessary elements of the charges, and the charges are likely to be dropped.
You Didn’t Have Knowledge of the Drug
Another approach to beating felony drug charges is to demonstrate that you lacked knowledge or awareness of the existence of the drugs. For example, law enforcers could have found a small amount of methamphetamine in your car and arrested everyone in the vehicle regardless of who had physical possession of the drug.
In such a case, it would be challenging to prove felony drug possession beyond a reasonable doubt since the case involves many people. It could be that you were not aware of the drug’s presence. If the prosecution can’t produce enough evidence that you knew about the drugs in the vehicle, it could be another way to beat the charges.
Lack of Lab Tests of the Alleged Drug
Morganton felony defense lawyers say you can also beat a felony drug charge by challenging the drug’s lab test. For the government to convict you of a drug crime, it must prove that the alleged illegal substance found in your possession is a controlled substance that meets the statutory requirements.
Often, the government must obtain a field test of the drug and send it to a crime laboratory for testing. Challenges such as loss of the drug samples, incorrect equipment calibration, or destruction of the sample can sometimes arise, inhibiting a drug lab test. Lack of proof that the substance seized from you is an illegal narcotic could have the charges dropped.
Coercion
Coercion or duress is unlawful pressure on a person to do something against their will. Your defense attorneys can help you build a strong defense strategy by arguing that you were forced, threatened, or coerced into possession of the drug under some imminent pressure or threat of harm.
While this defense strategy can be effective and can potentially help you avoid felony drug charges, you must prove you had no control over your actions. Closely similar to the defense of coercion is entrapment, where your lawyers could argue that law enforcement officers coerced you into committing a drug crime you otherwise wouldn’t have committed.
Lack of Intent
In most felony drug possession cases, the prosecution must prove you had the intent to possess the drugs. They must demonstrate you knew about the drugs and intended to have them in your control. If they can’t prove your intent, it can be challenging for them to secure a conviction.
You can argue that you didn’t have the intention to possess the illegal substances. For example, you could have borrowed a friend’s and had no idea it had drugs inside, hence no intention to possess them. If the drugs were found in a public place where many people had access, it may be hard for the prosecution to prove you knew about the drugs and had an intention to possess them.
Insufficient Chain of Custody
The chain of custody is the documented trail showing how evidence was handled from collection to presentation in court. If there are inconsistencies or breaks in the chain, your felony defense attorneys in Morganton can question the validity and integrity of the evidence. If they are successful in challenging the chain of custody, you could have the case dropped.
A Skilled Criminal Defense Attorney Helping You Beat Felony Drug Charges
Being charged with felony drug charges can be traumatizing because a conviction can lead to severe consequences, including a potential jail term that curtails your freedom. You can work with experienced Morganton trial lawyers to build a strong defense strategy to beat the charges.
The dedicated team of felony defense attorneys at Webster & Back Law can evaluate your case specifics and guide you within a legal framework. They can help you evaluate your legal options and advise you on how to beat the charges. We believe in fighting aggressively for the rights of those charged with crimes to protect their future. Call us at 828-677-2175 to schedule a consultation.
