Kinston Drug Crime Lawyer

Experienced Defense Against Drug Charges in North Carolina

At Strickland Agner Pittman, our team of experienced criminal defense attorneys is dedicated to providing top-notch legal representation to clients facing drug charges in Kinston and surrounding areas. We understand the severe nature of drug crimes and the potential consequences that come with a conviction. 

Our drug crime lawyers are well-versed in the laws and procedures surrounding drug offenses. We have a proven track record of successfully defending clients in a variety of drug-related cases. Whether you are facing charges for possession, distribution, manufacturing, or trafficking, we have the knowledge and skills to help you navigate the legal system and fight for your rights.

Call Strickland Agner Pittman today at (919) 893-0090 or contact us online to schedule a meeting with our drug crimes attorney in Kinston!

What is a Drug Crime?

In North Carolina, like in many other states, drug crimes involve the illegal possession, distribution, trafficking, manufacturing, or cultivation of controlled substances. These laws are outlined in the North Carolina General Statutes, primarily in Chapter 90, Article 5, titled the "Controlled Substances Act."

Common types of drug crimes in North Carolina include:

• Possession: Possessing illegal drugs for personal use or distribution is a common drug crime. The severity of the charge often depends on the type and quantity of the drug involved.
• Possession with Intent to Distribute: This charge is more severe than simple possession and implies that the individual intended to sell or distribute the drugs.
• Drug Trafficking: Involves the transportation, distribution, or sale of illegal drugs on a larger scale, often applied when a specific quantity is involved.
• Drug Manufacturing and Cultivation: Producing or growing illegal drugs, such as methamphetamine or marijuana, can lead to significant legal charges.
• Drug Paraphernalia Possession or Sale: Possession or sale of items used for drug consumption, such as pipes or syringes, is illegal.
• Prescription Drug Fraud: Illegally obtaining prescription drugs through forgery or other deceptive methods is a serious offense.
• Conspiracy to Commit Drug Crimes: Being involved in planning or helping facilitate drug crimes, even if not directly committing the act, can lead to charges.
• Drug-related DUI: Driving under the influence of drugs can result in DUI charges, with penalties similar to alcohol-related offenses.
• School Zone Drug Crimes: Drug crimes committed near schools or other designated areas can lead to heightened penalties.
• Maintaining a Dwelling for Controlled Substances: Operating or owning a place where drugs are produced or distributed can result in additional charges.

Legal Defenses to Drug Crimes 

Defending against drug crime charges involves various legal strategies that aim to challenge the evidence, procedures, or constitutional rights involved in the case. That is why it is imperative to hire a criminal defense attorney who has experience handling a wide range of drug charges.

Here are some common defenses to drug crimes:

• Unlawful Search and Seizure: The Fourth Amendment protects individuals from unreasonable searches and seizures by law enforcement. Evidence obtained through an illegal search or seizure (without a valid warrant or probable cause) may be deemed inadmissible in court. A defense attorney can challenge the legality of the search and seek to have the evidence excluded.
• Lack of Probable Cause: Law enforcement must have a reasonable belief that a crime has been committed or is being committed to conduct a search or make an arrest. If the police lacked sufficient probable cause to initiate the search or arrest, the evidence collected could be suppressed.
• Chain of Custody Issues: The chain of custody refers to the documented handling of evidence from when it is collected until it is presented in court. If there are gaps or inconsistencies in the chain of custody, it could raise doubts about the integrity of the evidence and its reliability.
• Miranda Rights Violation: The Miranda rights include the right to remain silent and the right to an attorney. If law enforcement fails to inform a suspect of their Miranda rights during an arrest or interrogation, any statements or admissions made by the suspect might be excluded from trial.
• Entrapment: Entrapment occurs when law enforcement officers induce or coerce an individual into committing a crime they wouldn't have otherwise committed. If a defendant can demonstrate that they were pressured into engaging in illegal activity by law enforcement, it could serve as a defense.
• Medical Necessity: In some cases, defendants may argue that they possessed or used drugs for legitimate medical reasons. This defense may be more applicable in situations where the defendant has a valid prescription for a controlled substance.
• Mistaken Identity: If the prosecution cannot definitively prove that the defendant had illegal drugs, a defense attorney might argue that the drugs were not actually in the defendant's possession or that there was a case of mistaken identity.
• Insufficient Evidence: If the prosecution's evidence is weak or unreliable, a defense attorney may argue that the case should be dismissed because there is insufficient evidence to support a conviction. 
• Crime Lab Errors: If the evidence has been tested in a crime lab, the defense might challenge the accuracy and reliability of the lab's procedures and results, potentially leading to the exclusion of specific evidence.
• Pretrial Diversion Programs: Depending on the jurisdiction and the defendant's criminal history, some individuals charged with drug offenses may be eligible for pretrial diversion programs. These programs offer alternatives to traditional prosecution, such as drug rehabilitation or community service, to avoid a criminal record.

Don't leave your future to chance. Our legal team will help you understand your legal options and guide you through the entire legal process, working tirelessly to protect your rights and freedom.

Penalties for Drug Crimes in North Carolina 

The penalties for drug crimes in North Carolina vary widely depending on the type of offense, the amount of the controlled substance involved, and whether the crime occurred near a school or other sensitive areas. Some general penalties include:

• Possession: This can lead to misdemeanor or felony charges, with potential consequences including fines, probation, or short-term imprisonment, particularly for smaller amounts of certain drugs.
• Possession with Intent to Distribute: Typically results in more strenuous penalties, including longer prison sentences and substantial fines, depending on the amount of drugs involved.
• Drug Trafficking: Considered one of the most severe drug offenses, trafficking convictions often result in mandatory minimum prison sentences, heavy fines, and little to no opportunity for parole.
• Manufacturing and Cultivation: Producing illegal substances can lead to serious felony charges, significant prison time, and hefty fines.
• Drug Paraphernalia: Possession or sale of drug-related items can result in additional misdemeanor or felony charges, with fines and potential jail time.
• School Zone Violations: Drug crimes committed near schools or parks can lead to enhanced penalties, including longer prison sentences or additional fines.

Every case is different, and penalties can become more severe depending on factors like prior convictions, the type of drug involved, and the arrest details. Working with an experienced Kinston drug crime attorney can help you assess the possible consequences and create a defense strategy to reduce the charges' severity.

Contact Our Kinston Drug Crimes Attorney Today

At Strickland Agner Pittman, we recognize how drug charges can impact your life and future, so we’re dedicated to protecting your rights. Our experienced attorneys will work closely with you to build a defense strategy tailored to your unique situation, whether you're facing possession, distribution, or trafficking charges. With extensive knowledge of North Carolina drug laws and a commitment to pursuing the best possible outcomes, we will stand by your side throughout the legal process.

Contact Strickland Agner Pittman today to schedule a meeting with our drug crimes lawyer in Kinston!