A drug possession charge is a serious offense and can change your life in unwanted ways. The typical drugs involved in a drug-related crime include heroin, methamphetamine, cocaine, marijuana, and a host of prescription and party drugs. Opioid addictions have been all over the news in recent years leading the court system to grow increasingly impatient with related drug crimes.
If you’ve been arrested for possession of a controlled substance, for drug possession or for drug trafficking, you’ll need help from an experienced attorney to help you soften the blow of your charges.
Drug possession is considered a federal crime, and laws surrounding this offense vary in each jurisdiction. Your time in jail will depend on the amount of drug found in possession and how many times you’ve been found guilty. The most serious charges can land you in jail for life. So what can you do after you’ve been arrested for drug possession in North Carolina? Read on to find out:
Evoke Your Fourth Amendment Rights
If you feel like you’ve been unlawfully searched, you may be able to have your charges dismissed or lessened. Generally, police officers should not be able to search your person or your vehicle without a cause. If they do so, any evidence they discover is not permissible within the court. Keep in mind that this law doesn’t apply to drugs that are in “plain view” such as sitting in sight on your dashboard or car seat.
Understand the Difference Between Active and Constructive Possession
An active possession is one in which the drug is found on your person, whether that’s in a bag, purse or in your pocket. Constructive possession refers to a situation in which you’re arrested for drug possession but you didn’t have contact with the drug at the time of your arrest. This includes having the drugs hidden in your vehicle or home. For you to be convicted, one of these two scenarios must apply or it may not count as possession.
Use An Unwitting Possession Defense If You Can
If you can prove that you didn’t know the drugs were in the same area as you were at the time of your arrest, you might be able to escape penalties. For example, if you borrowed your friend’s vehicle and weren’t aware that they had marijuana in the glove compartment, you can convince the judge that you didn’t commit a crime.
Hire An Experienced Attorney
A good attorney can help you protect your rights throughout the legal process and make sure all the rules are followed. He or she can make sure you’re treated fairly while communicating with the legal team on your behalf. A lawyer can also help you find a good drug treatment program. They can work with the court on your behalf to have your drug treatment time count for some of your criminal charges.
Get A Bail Bond
If you or someone you care about has been arrested on drug possession charges, the first thing you can do is get the help of a bail bond to get out of jail as soon as possible.
A drug charge is stressful enough without spending longer in jail than is absolutely necessary. Contact us right away for more information on how a bail bond can help you.
