27 June

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What qualifies as drug paraphernalia?

From smoking to injecting, there are many ways to introduce controlled substances into your body. You can also use ordinary products, such as a can of spraypaint, in unintended ways to induce a feeling of euphoria. While possessing a controlled substance is against the law in North Carolina, having the instruments necessary to ingest one may also lead to criminal consequences. What is drug paraphernalia? According to state law, North Carolina has a broad definition of “drug paraphernalia.” Essentially, under the right circumstances, virtually anything may constitute drug paraphernalia. Even household items, such as a kitchen scale or spoon, may meet the legal...

02 April

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Study uncovers drug conviction consequences after prison

Posted by Chris Proffitt

in Drug Charges, drug trafficking

A felony conviction can trigger a wide range of federal, state and local restrictions and sanctions that may or may not have anything to do with the actual offense. Many people believe these collateral consequences are not only unnecessary but also harmful to those who have completed their prison sentence and want to re-enter society. The North Carolina Sentencing and Policy Advisory Commission has studied how these indirect penalties have affected those in the state who have criminal convictions on their record. Employment Having a criminal record that anyone can view may be one of the most obstructing of consequences. One study showed...

10 February

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A drug conviction may make you ineligible for federal student aid

Posted by Chris Proffitt

in criminal defense, Drug Charges

If you attend the University of North Carolina at Asheville, you undoubtedly love your collegiate experience. After all, not only does the school provide a first-rate education, but it also offers dozens of opportunities for getting the most out of student life. If you rely on federal student aid to attend the university, though, a drug conviction may be problematic. The FAFSA allows students to apply for certain loans, grants and work study programs. When completing the application, you must answer a question about your criminal background. Specifically, you must reveal whether you have been convicted of possessing or selling a...

08 January

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Could my child be expelled for possessing a controlled substance?

Posted by Chris Proffitt

in criminal defense, Drug Charges

The amount of freedom that young adults have when they first go to college can be eye-opening. Being away from home might make them realize they are solely responsible for their actions. This realization could mold your child to become more accountable or it could cause them to rebel. College students are known for experimenting with drugs, such as alcohol. However, some young adults might begin hanging out with the wrong crowd and delve into more dangerous illegal substances. This can lead to severe repercussions, both from the university and from law enforcement. Disciplinary action from the college Being caught by university law...

15 December

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Know the penalties for North Carolina drug crimes

Posted by Chris Proffitt

in criminal defense, Drug Charges

Like the federal government, North Carolina categorizes controlled substances depending on their potential effects and whether they have any proven medical use. Schedule I drugs are the most dangerous and carry the most significant penalties for possession and trafficking, while drugs on lower schedules result in lower penalties. Explore the potential legal consequences of drug possession or trafficking charges in North Carolina. Schedule I drugs This category includes heroin; Quaaludes; MDMA (ecstasy); and hallucinogens such as psilocybin mushrooms, LSD and peyote. Possession of these drugs for personal use is a felony charge that carries up to five years in prison, while trafficking charges can...

31 October

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Researchers unveil marijuana Breathalyzer

Posted by Chris Proffitt

in Drug Charges

Scientists at the University of Pittsburgh have announced a new tool to detect the primary psychoactive ingredient in marijuana, THC, on a person’s breath. The university began developing the device in 2016 as more states legalized recreational pot. Thirty-three states have legalized marijuana in some form, and there are several devices currently in development that could potentially help law enforcement detect marijuana on drivers. However, scientists and legal experts say none of the methods are ready for use. Drugged driving charges in North Carolina In the Tar Heel State, a person can be charged with driving while impaired (DWI) if officers believe they are under...

25 April

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Drug crimes involving cocaine are felony offenses

Posted by Chris Proffitt

in Drug Charges

Drug charges of all kinds carry pretty significant penalties in North Carolina if a conviction ultimately occurs. Cocaine-related drug crimes are considered particularly serious. It does not matter if you face charges of simple possession, trafficking or anything in between, all cocaine-related charges are felony offenses. This week’s column will give a brief rundown of state cocaine laws and will provide information about what you can do to help yourself if you face charges for a cocaine-related crime. What are the punishments for cocaine-related crimes in North Carolina? The short answer to this is, it depends. It depends on the crime of which...

06 May

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I’ve been charged Possession, but I did not have anything on me, how can they charge me? – Actual VS. Constructive Possession of Illegal Controlled Substances

Posted by Chris Proffitt

in Drug Charges

They say that possession is 9/10ths of the law, and in some ways this is very true in criminal proceedings. But there are some good arguments and defenses. Let’s run through a couple possible scenarios: Example A: Billy is riding in a car with Joey, who is the driver and Tommy who is another passenger. Unbeknownst to Billy, Tommy or Joey have a large bag of marijuana in the center console of the vehicle. Joey is stopped for speeding. The law enforcement officer comes up to the window and after talking with Joey says he smells marijuana and asks to search Joey...