Raleigh Drug Trafficking Defense Lawyer

At Marcilliat & Mills PLLC, our skilled drug crimes lawyer in Raleigh knows that crimes involving heroin, fentanyl, and methamphetamines are met with severe penalties in North Carolina.

Just recently, a New Bern man was sentenced to 118 months in prison and 60 months of supervised release for trafficking heroin and fentanyl. In Asheville, a 26-year-old woman was sentenced to 15 years in federal prison for trafficking narcotics, including fentanyl, that resulted in an overdose death.

According to the North Carolina Department of Health and Human Services, drug overdose deaths last year increased by 40% over the previous year. Of the nearly 4,000 deaths, 70% likely involved illicitly manufactured fentanyl.

Those statistics draw a clear line to the Buncombe County Sheriff’s Office reporting a record number of drug trafficking charges last year, with 81 fentanyl trafficking charges, surpassing the previous year’s high of 37.

Due to the rapid and significant increase in fentanyl-related overdoses in North Carolina, the state legislature passed a bill that went into effect on December 1, 2021, making fentanyl possession of any amount a felony.

Here is the problem with a one-size-fits-all style of prosecuting drug crimes in North Carolina.

Drug trafficking charges are becoming increasingly broad, and do not consider the individual’s criminal history — unlike other crimes. This means a first-time conviction can end in a sentence that is handed down by statute, without consideration for any relevant characteristics that may lessen the sentence, leading to disparate and illogical results.

That is why we are here. Our Wake County drug trafficking criminal defense attorneys in Raleigh protect the rights of North Carolina residents when they have been charged with a drug crime, so they can pursue the best outcome for their individual cases.

Contact our skilled Raleigh drug trafficking defense lawyers today to schedule a free consultation and learn more about how we produce real results for real people who need our help.

When Do Drug Possession Charges Become Drug Trafficking Charges in North Carolina?

Whether you intend to sell heroin, fentanyl, and methamphetamine or not is irrelevant if law enforcement catches you with a certain amount of an illegal substance — because the amount of the drug matters.

North Carolina residents can face drug trafficking charges if they possess:

• 28 grams or more of cocaine, methamphetamine, or amphetamine
• 4 grams or more of opium, heroin, or fentanyl

North Carolina has harsh penalties for fentanyl possession and trafficking, but it is also a violation of federal law. Federal law supersedes state law, and the Department of Justice can pick up cases from the state, especially if the crime crosses state lines.

What are the Penalties for Heroin, Fentanyl, And Methamphetamine Drug Trafficking in North Carolina?

The penalties for heroin, fentanyl, and methamphetamine drug trafficking in North Carolina are severe and differ by the type of drug and weight.

The penalties for heroin and/or fentanyl drug trafficking in North Carolina include:

• 4 – 13 grams: Class F felony, up to 59 months in prison and a $50,000 fine.
• 14 – 27 grams: Class E felony, up to 88 months in prison and a 100,000 fine.
• 28 grams+: Class C felony, 231 months in prison and a $500,00 fine.

The penalties for methamphetamine drug trafficking in North Carolina include:

• 28 – 199 grams: Class F felony, punishable by 84 months in prison and a minimum $50,000 fine.
• 200 – 399 grams: Class E felony, up to 117 months in prison, minimum $100,000 fine.
• 400 grams+: Class C felony, up to 279 months in prison and minimum $250,000 fine.

While North Carolina has harsh penalties related to drug trafficking, it is also a federal crime to manufacture, distribute, or possess controlled substances and the penalties for doing so are often more severe than state sentencing.

Possible Defenses to Raleigh Drug Trafficking Charges

Facing drug trafficking crimes in Raleigh is serious, carrying severe penalties if you’re convicted. However, there are many defenses that can be raised. Some common ones your lawyer may consider include: 

Illegal Search and Seizure

Law enforcement is required to respect your constitutional rights, which prohibit them from conducting illegal search and seizure. This means they either have to have a search warrant or an exception to the search warrant clause to be able to search you and seize any items in your possession. 

If they violate this rule, anything they obtain as a result of the illegal search and seizure can be suppressed, and it won’t be used against you at trial. This often leads to a dismissal because the state doesn’t have enough evidence to move forward.  

Lack of Knowledge 

The fact that drugs were found at a particular location, even if you were in that location or nearby, doesn’t automatically prove that you were involved in drug trafficking. To be convicted, you have to have actual knowledge that the drugs were there. If the drugs were found in a shared space, like a car you borrowed from a friend, your lawyer can argue that you didn’t know the drugs existed.  

Lack of Intent

Intent must also be proven for a drug trafficking conviction. Many people arrested for drug trafficking aren’t actually caught trafficking the drugs; they’re just found to have a significant amount of a substance on their person. You and your lawyer may be able to argue that you possessed the substance, but it was for personal use only. 

Entrapment

Sometimes, police use informants, undercover stings, or intense pressure to induce a suspect to commit an offense they otherwise may not have engaged in. If law enforcement goes too far in provoking or planning the drug sale or trafficking, you can raise this defense and argue that you essentially weren’t operating under your own free will.  

Every case is different, but there are many possible defenses to drug trafficking depending on the circumstances.

How Prosecutors Prove Drug Trafficking Charges

Many people think they can only be convicted of drug trafficking if there’s evidence that they were actively trafficking or selling the drugs. This isn’t exactly the case. Here’s how prosecutors often prove drug trafficking cases: 

Drug Quantity Alone

There are specific limits for controlled substances that will automatically lead to a trafficking conviction. If you’re found with or above this threshold, it doesn’t matter if they can’t provide evidence that you actually intended to traffic or pass the drugs off to someone else. 

Circumstantial Evidence

Prosecutors commonly rely on circumstantial details that suggest intent to sell or distribute.  This often includes weapons, multiple cell phones, ledgers, baggies, scales, cutting agents, and anything else that suggests the drugs were not for personal use, but instead were meant for large-scale operations.  

Surveillance and Recorded Evidence

Police may present undercover surveillance photos, audio tapes, or recorded communications as proof that you intended to traffic drugs. Text messages are often used to show communication between the traffickers and their possible clients.  

Testimony and Cooperation

Sometimes, officers will use undercover officers or confidential informants to try to obtain evidence of drug trafficking. These parties can testify at trial and explain what they observed you doing and saying, which could lead to a conviction even if you aren’t ultimately caught trafficking an illegal substance.  

If you’re arrested for drug trafficking, don’t be surprised that you’ll walk away if you weren’t caught giving drugs to someone else. You should take these charges seriously and speak with a lawyer right away.

If you have been arrested on drug trafficking charges in North Carolina, contact our skilled drug trafficking defense attorneys in Raleigh at Marcilliat & Mills PLLC today by calling (919) 838-6643 or contact us online to schedule a free consultation to learn how we can help with your case.