drug charges

Marijuana Possession Charges in North Carolina

Published on: February 28, 2024 | On behalf of Arnold & Smith, PLLC

Marijuana Possession Charges in North Carolina

Marijuana use is becoming more accepted across the country. Some states have decriminalized marijuana in some circumstances. Marijuana is a controlled substance, and possession is still a federal crime and a crime in the state of North Carolina. Generally, simple possession of a small amount of marijuana is considered a misdemeanor. If found guilty of a larger amount of marijuana, you may be charged with a felony.

If you are found guilty of a misdemeanor or felony, you may face penalties that include fines, probation, jail time, and more. A criminal record could limit your ability to get a job, seek housing, or even get into college. If you have been charged with drug possession, you will want to speak with an experienced criminal defense attorney as soon as possible.

Should I Fight Marijuana Possession Charges?

Published on: November 9, 2022 | On behalf of Arnold & Smith, PLLC

Should I Fight Marijuana Possession Charges?

Although marijuana is legal in some states, in North Carolina, marijuana is still an illegal substance. If you are caught with marijuana, you could face charges. If guilty, you will have penalties that could impact your life. The penalties are based on how much marijuana you have in your possession. A simple marijuana possession charge may be a misdemeanor, but it can still cause you to have a criminal record if you are convicted. A knowledgeable criminal defense attorney will review the details of your case and help you decide how to proceed.

There are two pieces of legislation that are currently being reviewed in North Carolina. Senate Bill 765 would allow adults to possess up to two ounces of cannabis for recreational purposes. Senate Bill 711, also called the North Carolina Compassionate Care Act, would allow the legal use of marijuana for medicinal purposes. Both of these bills are in varying stages of discussion and approval. If passed, these bills will greatly impact simple marijuana possession laws.

What Happens if the Police Do Not Read Me My Rights During an Arrest?

Published on: May 18, 2022 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”

Getting detained and arrested by the police can be a traumatic experience. The situation often happens rather quickly and only later do you begin to think about how the incident unfolded. While most people understand that they have constitutional rights, they often forget about them completely when they are under the stress of being detained or questioned by law enforcement. When you watch television crime shows you may notice that when someone is arrested without their rights having been read, the judge might throw the entire case out. Although this happens on fictional programs, it is not what usually occurs in real life.

Can the Police Search My Car?

Published on: May 11, 2022 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “If I simply intend to plead guilty, why do I need a lawyer?”

You are driving along and suddenly you see flashing red lights and hear a siren behind you. You are being pulled over by the police. Even if you are not doing anything wrong, you are likely to feel panicky and scared. When law enforcement pulls you over they will come to your window and ask for your name, your driver’s license, vehicle registration, and proof of insurance. The officer will return to the police car to check your license and will come back to your car to talk to you about the incident. In some cases, the police want to search your vehicle, but should you allow them to do so? Though you may not have anything to hide, you may not feel comfortable with the police checking the inside of your car.

How Do Law Enforcement Officers Decide to Bring a Drug Distribution Charge?

Published on: July 7, 2021 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Can I be arrested without evidence against me?”

Facing a drug distribution charge is a very serious matter. But how do law enforcement officers and prosecutors decide whether to charge you with possession of a controlled substance, a lesser charge, or distribution or trafficking of a controlled substance, the more serious charge?

Building a Defense When Facing Felony Drug Charges in North Carolina

Published on: March 18, 2020 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”

In North Carolina, felony drug charges are one of the most serious crimes an individual can face. A conviction could lead to hefty fines and decades in prison, not to mention that a drug conviction on your criminal record will impact your ability to find a job, go to college, and even find a place to live, among other consequences.

Drug Possession in North Carolina

Published on: September 4, 2019 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “Should I talk to the police?”

A 30-year-old man from Charlotte is facing multiple drug possession charges following an undercover police sting operation. The report brings North Carolina’s drug possession laws back into the spotlight.

North Carolina Court Rules Further on Drug ID

Published on: November 14, 2018 | On behalf of Arnold & Smith, PLLC

Charlotte Criminal Lawyer Brad Smith answers the question: “What are the long term effects of being convicted of a crime?”

Criminal charges and the subsequent trial that follow can raise legal questions for North Carolina courts. There are always new issues that arise and new considerations to be taken into account. Recently, the North Carolina Court of Appeals has further expanded upon drug identification in criminal cases. The appeals court has ruled on drug identification at different points throughout the year, but this new ruling adds in an extra wrinkle to identifying drugs.

Supreme Court Broadens Meaning of “Maintaining a Dwelling”

Published on: October 17, 2018 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “Can the police search my car without a warrant?”

The state of North Carolina is strict on drug crimes. In an effort to eliminate the use of drugs throughout the state, courts and lawmakers have been eager to crack down on the use, sale, and possession of controlled substances. Recently, the North Carolina Supreme Court has broadened the meaning of “maintaining a dwelling” as it pertains to using, selling, or storing a controlled substance. In State v. Rogers, the court disavows previous courts’ use of “maintaining a dwelling” and broadens the use of the term.

Should Addiction Be Punished As A Crime?

Published on: October 25, 2017 | On behalf of Arnold & Smith, PLLC

Charlotte DWI Lawyer Brad Smith answers the question: “What should I do if I have been pulled over and I have been drinking ?”

Everyone who reads or watches the news knows about the devastating impact drug addiction has had on the country. Families in every county of every state have been ripped apart due to the allure of drugs, whether those obtained on the streets or those obtained through a pharmacy. Opioids in particular have blazed a path of destruction across large swaths of the country.