Drug Lawyer in Greensboro, NC
The drug decides the class before anything else does. The same quantity can be a Class 3 misdemeanor or a felony depending on the schedule, and a first offense can sometimes end without a conviction at all. Read us the charge and we will tell you which one you have.
What were you charged with?
Read the charge off your paperwork, including the substance and any weight, and tell us your court date.
Sending this form does not make us your lawyer yet.
1. The schedule. G.S. 90-95 sorts controlled substances into Schedules I to VI, and the schedule sets the class. Cocaine and methamphetamine are felonies in any amount. Marijuana is not, until weight or intent pushes it there.
2. Possession, or possession with intent. Intent is rarely proved by an admission. It is argued from packaging, quantity, cash, scales and messages, and that argument is contestable.
3. Whether the search was lawful. Most drug cases turn on the stop and the search rather than on whether the substance was there. If the evidence was obtained unlawfully it can be suppressed, and that usually ends the case.
4. Whether this is your first. Under G.S. 90-96 a qualifying first offender charged with simple possession or paraphernalia gets a deferral the court shall grant, unless it makes a written finding with the District Attorney agreeing you are inappropriate for it. It is available once in a lifetime, and it has to be asked for.
Drug charges we defend
Each of these has a page of its own with the statute, the class and the sentencing range.
Possession
drug possession · marijuana charges · felony possession of cocaine · drug paraphernalia
Selling, delivering and trafficking
possession with intent to sell or deliver · drug trafficking · maintaining a dwelling
Where drugs and guns meet
This combination is the most common route from a state case into a federal one.
firearm with drugs, state or federal · felon in possession of a firearm · federal charges
Why the schedule decides the class
People assume quantity drives everything. It does for trafficking, where weight thresholds set mandatory terms. Below that, the schedule does most of the work.
Simple possession of a Schedule I substance is treated very differently from simple possession of a Schedule VI substance, and the difference is a felony rather than a misdemeanor. Cocaine and methamphetamine sit where any amount is a felony. Marijuana sits where the misdemeanor and felony line is drawn by weight.
Two consequences follow. The exact substance named on your charging paperwork matters, and so does whether the State can prove it is what they say it is, which is a laboratory question with its own timelines. And the weight on the paperwork matters, because it is sometimes the packaging weight rather than the substance weight.
The detail for each charge is on the pages above. The number on your own case is a short conversation.
The first offender route
This is the most valuable thing on this page and the most commonly misdescribed.
G.S. 90-96 provides that where a person with no prior felony conviction, no prior offense under the drug article, and no prior comparable drug or paraphernalia conviction pleads guilty to or is found guilty of misdemeanor possession of a controlled substance, possession of paraphernalia, or felony simple possession, the court shall defer proceedings and place them on probation. It can decline only on a written finding, with the District Attorney’s agreement, that the person is inappropriate for it on factors related to the offense.
On completing the conditions the court discharges you and dismisses the proceedings. That is not an adjudication of guilt and not a conviction for the purposes of disqualifications imposed by law.
- Once in a lifetime. The statute says so, and that single use is shared with the paraphernalia provision.
- Sale, delivery, manufacture, intent to sell and trafficking are excluded. This route is for possession.
- Expunction afterwards is age-limited. Under subsection (b), a person not over 21 at the time of the offense may apply to have it expunged. Over 21 at the time of the offense and the dismissal stands, but that expunction route does not open.
Nobody at the courthouse offers this. It is moved for. Whether you qualify, and whether this is the case to spend your one use on, is the conversation worth having before any plea is discussed.
Is this your first drug charge?
If it is, there may be a route that ends without a conviction, and it is available once. Read us the charge and we will tell you whether you qualify.
Call (336) 379-0539Free consultation, answered 24/7The search is usually the case
Most drug charges are not really arguments about whether a substance was present. They are arguments about how it was found.
- The stop. Was there reasonable suspicion for it, and was it extended beyond its purpose while waiting for something else to happen?
- The search of the vehicle. Consent, probable cause, or a dog, and whether each was what the State says it was.
- Constructive possession. Where a substance is in a shared car or a shared home, who the State can prove had control of it is frequently thinner than the charge suggests.
- The warrant. If a search warrant was used, the affidavit behind it is a document that can be attacked.
If the evidence came in unlawfully, a motion to suppress usually ends the case rather than improving it. That is work done on the file before the court date, which is why calling early changes more than calling late.
When a drug case goes federal
Greensboro sits in the Middle District of North Carolina. A drug case can be charged there instead of in Guilford County Superior Court, and the system is different rather than just harsher: different prosecutors, a different sentencing structure, detention presumptions on several charge types, and no parole.
The most common route across is a firearm found with drugs. If federal agents have made contact and no charge has been filed yet, that is the point of maximum influence on the case. See federal criminal defense.
Consequences past the sentence
- Immigration. A drug conviction can end a green card case or trigger removal, and the consequence does not track how serious the charge felt. If you are not a citizen, say so before any plea is discussed. See immigration.
- Your record. A conviction follows you onto background checks. A dismissal or a not guilty finding, for cases disposed of on or after 1 December 2021, is generally cleared by operation of law with no petition and no fee. See expungements.
- Firearm rights. A felony drug conviction brings the state and federal firearm prohibitions with it. See felon in possession.
- Licensing and employment. Professional boards and employers ask, and a deferral that ends in dismissal answers that question very differently from a conviction.
How to choose a drug lawyer in Greensboro
No lawyer in North Carolina is permitted to advertise as the best, and a firm
that does is telling you something about how it reads the rules. The State Bar
treats self-laudatory claims as a compliance problem, not a selling point.
So judge on answers instead. Every question below has an exact answer. A firm
that handles these cases every week will give you one on the phone, for free, in
a few minutes. A firm that gives you a brochure answer is telling you something too.
- What schedule is the substance, and does that make mine a felony?
The drug decides the class before anything else does. A firm should tell you the schedule and the class off your charging paperwork, on the call. - Am I eligible for a first offender dismissal under G.S. 90-96?
It is available once in a lifetime and any prior felony or drug offense disqualifies you. Ask before anyone discusses a plea, not after. - Is this simple possession or possession with intent, and why?
Intent is usually argued from packaging, quantity, cash and messages rather than an admission. Ask what the State actually has. - Was the search lawful?
Most drug cases are won or lost on the stop and the search. Ask what the firm has seen in the file and what it intends to file. - If I am not a citizen, what does this do to my status?
A drug conviction has immigration consequences that do not track how serious the charge feels. Say so before any plea is discussed.
Ask us the same questions. (336) 379-0539.
Your attorney
Jason Aycoth
Drug Charges · Trafficking · Federal Drug Cases · Suppression Motions
Jason handles criminal cases in state and federal court across North Carolina. He has served as Editor of the True Bill and was Commencement Speaker at Elon Law School's graduation.
- Former President, Greensboro Criminal Defense Lawyers Association
- Elected member, Criminal Justice Section, North Carolina Bar Association
- Selected to present the Wade M. Smith Award for Top Criminal Defense Lawyer in North Carolina
Chad D. GarrettFounderJason AycothPartner
Sean OlsonPartner
Brandon GoldsboroughCriminal Defense
Stephanie GoldsboroughCriminal Defense
Rebecca ElliottCriminal Defense
Patrick BidwellCriminal Defense
Samantha HeplerCriminal DefenseWhat clients say
4.9 out of 5 from 587 Google reviews. A few recent ones:
Where we practice
Our office is two minutes from the Guilford County Courthouse.
Guilford County: Greensboro · High Point · Jamestown · Gibsonville · Summerfield · Oak Ridge · Pleasant Garden · Stokesdale · Whitsett · McLeansville · Sedalia
Also serving: Randolph, Forsyth, Alamance, Rockingham and Davidson Counties
Questions people ask
Is a first drug charge always a conviction?
No. Under G.S. 90-96 a qualifying first offender charged with simple possession or paraphernalia gets a deferral the court shall grant, unless it makes a written finding with the District Attorney's agreement that the person is inappropriate for it. On completion the case is dismissed and it is not a conviction for the purposes of disqualifications imposed by law. It is available once in a lifetime and it has to be asked for.
Does the amount or the drug matter more?
Below the trafficking thresholds, the schedule does most of the work. Simple possession of some substances is a felony in any amount, while for others the line is drawn by weight. Above the trafficking thresholds, weight takes over and sets mandatory terms.
Can a drug charge be beaten on the search?
Often that is the strongest route. Most drug cases turn on how the substance was found rather than whether it was there. The stop, whether it was extended, the basis for the vehicle search, the dog, and the affidavit behind any warrant are all contestable, and a successful motion to suppress usually ends the case.
What is the difference between possession and possession with intent?
Intent to sell or deliver turns a possession charge into a more serious offense. It is rarely proved by an admission and is usually argued from packaging, quantity, cash, scales and messages. That inference is contestable, and getting a charge back down to simple possession can also restore eligibility for the first offender route.
Will a drug charge affect my immigration status?
It can, and more than people expect. The immigration consequence does not track how serious the charge feels, and a plea that looks like a good deal in state court can end a green card case. If you are not a citizen, tell your lawyer before any plea is discussed.
Can a drug conviction be expunged?
It depends on the offense and your record, and the rules are narrow. A dismissal or a not guilty finding is different and for cases disposed of on or after 1 December 2021 is generally cleared automatically. After a G.S. 90-96 dismissal there is an expunction route, but only for a person who was not over 21 at the time of the offense.
Why would my case be charged federally?
Because the same conduct violates a federal statute and a federal prosecutor decided to take it. The most common route across is a firearm found with drugs. Federal court has a different sentencing structure, detention presumptions on several charge types and no parole, so it is a materially different case rather than a harsher version of the same one.
What does a drug lawyer cost in Greensboro?
A flat fee quoted by the stage of the case, and you get the number on the first call. What moves it is the class of charge, whether there is a suppression motion to litigate, how much evidence there is, and whether the case is heading for trial or a negotiated resolution.
Talk to a Greensboro drug lawyer
Free consultation. Read us the charge off your paperwork.
Garrett, Walker, Aycoth & Olson, Attorneys at Law
317 South Greene St, Greensboro, NC 27401
(336) 379-0539 · answered live, 24 hours
Free consultation · Se habla español
This page explains North Carolina law in general terms as of October 2026. It is not legal advice about your case, and penalties and statutes change. Figures come from N.C.G.S. 90-95 and 90-96. Each charge page linked above carries the statutes, classes and weight thresholds for that offense.