Drug Trafficking Lawyer
Drug trafficking charges are sentenced based on quantity in North Carolina. Every charge carries with it a mandatory minimum sentence, meaning even if you’re a first offender, if you’re convicted of drug trafficking you will face a mandatory active sentence. The length of the sentence varies and is based on the type of drug, and the quantity of that drug that you’re either caught with or alleged to have conspired to distribute.
Drug trafficking charges in Greensboro, NC are very common as we’re on the I-40 and I-85 corridor which is known to maneuver drugs from the west coast and up and down the east coast. Our Greensboro Drug Trafficking Lawyers have helped clients with countless drug trafficking charges through the years and have been able to save many from the mandatory active sentences they were facing. Let’s take a deeper look at drug trafficking charges, their sentences and how a Greensboro Drug Trafficking case works.
Table of Contents
- What happens with Drug Trafficking Charges in North Carolina?
- How does Sentencing work for a Drug Trafficking Case in Greensboro, NC?
- What type of sentence does Conspiracy to Drug Trafficking carry?
- For Drug Trafficking, do they separate the substances to determine weight?
- What is Attempted Drug Trafficking?
- Can your law firm help me with my Drug Trafficking Case in Greensboro, NC?
- Greensboro Drug Trafficking Statistics
- GARRETT, WALKER AYCOTH & OLSON, ATTORNEYS AT LAW
- Greensboro Drug Trafficking Lawyer Google Review
What happens with Drug Trafficking Charges in North Carolina?
For starters, we prepared the chart above to give you a better idea of what you’re facing. Most law enforcement officers aren’t going to put on your warrant the exact amount of the drug you were caught with but rather you’ll be charged with trafficking in drugs within the range on the chart. For instance, if you were found to in possession of 7 grams of heroin, the officer would most likely charge you with trafficking in heroin between 4 – 14 grams. As you look at the chart you’d be facing a mandatory minimum sentence of 70 months in prison if convicted. But the drug trafficking analysis doesn’t end there, because bear in mind you can be charged with multiple counts of drug trafficking for the same situation.
How does Sentencing work for a Drug Trafficking charge in Greensboro, NC?
For example, you get into your car, you have two ounces of cocaine and you’re set to head out of town for the weekend. Police stop you, allege they have probable cause to search, and they find the two ounces. You would be charged with trafficking in cocaine between 28 grams and 199 grams. But they would charge you with different counts of trafficking for each trafficking act. You would be charged with trafficking cocaine by possession, because it was in your car, you were driving the drugs, so you would be charged with trafficking cocaine by transportation, because of the quantity they would charge you with trafficking in cocaine by sale, and perhaps if it was part of an investigation they may charge you with conspiracy to traffic cocaine.
Trafficking in Cocaine between 28 grams and 199 grams, carries a mandatory minimum of 35 months up to 51 months in prison. But in the example above, you could be facing four counts of trafficking in cocaine, which could be run consecutive, meaning you’re facing 35 – 51 Months x 4. That’s a lot of time and this is why it’s vital to speak with a top rated drug trafficking lawyer as soon as you possibly can so we can make a plan to help you with your drug trafficking charge.
What type of sentence does Conspiracy to Drug Trafficking carry?
Also, it’s important to note that conspiracy to traffic drugs carries the same sentence as trafficking. In the example above, if you were charged with conspiracy to traffic cocaine 28 – 199 grams, you would be facing to 35 – 51 months, the same sentence for trafficking cocaine.
For Drug Trafficking, do they separate the substances to determine weight?
Sadly, the answer is no. The drug trafficking statute reads any combination thereof, meaning that if you have one gram of cocaine in an ounce of baking soda (1 gram of cocaine + 28 grams of baking soda = 29 gram mixture of cocaine and baking soda), if the lab test comes back that the mixture contained cocaine, the whole mixture quantity would be used against you. Meaning you would be charged with trafficking in cocaine though the mixture only had one measly gram of cocaine. Another common area we see this issue come up is with pills.
In North Carolina, the trafficking in opium or heroin statute is not very forgiving because it takes only 4 grams to be charged with trafficking in heroin. Let’s say your caught with 100 oxycodone pills., each pill weighs roughly .1 gram, but it’s a pill that contains multiple ingredients plus the weight of the capsule itself. The dilemma is that the total weight of those 100 pills is 10 grams, which means they would charge you with trafficking heroin between 4 – 14 grams, carrying a mandatory minimum of 70 months in prison.
This same concept, of weighing the entire mixture to determine drug trafficking weight, holds true for every illegal drug in North Carolina. 1 actual gram of cocaine in a kilo of protein powder, can be charged as trafficking in cocaine 400 grams or more facing a mandatory minimum of 175 months in prison…yikes. We’ve had clients attempt to flush their drugs or stick in bottles of water to dilute it, the dilemma there is if they ca get a quantity off of it, you will be charged for trafficking in the substance which is the combination of the fluid it’s in as well as the amount of the drug in that fluid. Please be careful, sometimes the best ideas can backfire on you.
As you look at the drug trafficking chart, you will also see that each count of drug trafficking carries with it a mandatory minimum fine if convicted. So as if they punishment, spending a mandatory amount of time in prison wasn’t enough, well you also would have to deal with a mandatory fine. For instance, trafficking in marijuana between 10 – 49 pounds, carries a mandatory minimum fine of $5,000. But if you move on down the chart to trafficking heroin in excess of 28 grams, one count carries a mandatory fine of $500,000. Let’s not forget the fact that is with serving 225 Months minimum in prison.
What is Attempted Drug Trafficking?
Attempted trafficking is a reduction of a trafficking charge and the advantage of having a drug trafficking charge reduced to attempted is it takes the case away from the mandatory sentences in the chart above and places your case on regular sentencing chart which we’ve included below.
For instance, let’s say you’re charged with trafficking marijuana between 10 pounds and 49 pounds. If convicted it’s a Class H felony and you would serve a 25 – 39 Month Active sentence with a $5,000 fine. However, if our drug trafficking lawyers in Greensboro, could have the District Attorney agree to reduce your charge to attempted drug trafficking in marijuana, this would move your sentence to the North Carolina Felony Sentencing chart, where your sentence is based on the Class of the Felony and your record level.
I’m a First Offender with a Drug Trafficking Charge, can I get Probation?
For instance, if you’re a first offender. Never had a charge in your life. Your found to be in possession of an ounce of cocaine. This is a Class G trafficking offense, facing a mandatory active sentence of 35 months in prison with a $50,000 fine. Our Greensboro drug trafficking attorneys negotiate with the DA, explain there are issues with the stop or search, and the District Attorney comes decides it fair to offer Attempted Drug Trafficking as a reduction. This means you would no longer be on the trafficking chart with mandatory minimums and mandatory fines but you would be on the chart below.
Because it’s a Class G Trafficking Offense, if reduced to Attempted Trafficking we would move over to the Row Labeled G on the Felony Sentencing Chart. In the example, the person is a first offender with no prior record or convictions, so they’d be in the first column of boxes labeled ‘I’ at the top. It’s like a game of battleship, line up the G with the I and you end up in a box with I / A at the top of it. I stands for Intermediate Punishment and A stands for Active Punishment. Meaning as a first offender if the DA reduces the charge to Attempted Drug Trafficking in Cocaine, then you could get probation or an active sentence. Bear in mind, that typically, if the DA gives a reduction to Attempted Drug Trafficking they are usually still going to request an active sentence. And remember, in most Drug Trafficking cases, you’re charged with multiple counts. A DA may reduce it to attempted and request consecutive active sentences of 13 months minimum. Meaning the DA gives attempted, gets rid of the mandatory 35 Month Sentence and the Mandatory $50,000 fine, but gives you two consecutive 13 month sentences, giving you a minimum of 26 Months in prison with no mandatory fine.
Now the DA could leave the offer open, or offer you probation as well, but in a majority of these situations, if a District Attorney is willing to give a reduction to attempted drug trafficking, it will carry with it a decent amount of time in custody, though not as much time as you’d receive if convicted of felony drug trafficking in Greensboro, NC.
Can your law firm help me with my Drug Trafficking Case in Greensboro, NC?
We most certainly can. Our drug trafficking lawyers bring vast experience handling complex drug trafficking cases. We have handled every level of felony drug trafficking on the chart. We have three former Guilford County District Attorneys who work for our law firm to bring their knowledge from prosecuting trafficking cases to now help your case. We look at every aspect of a drug trafficking case, including whether a suppression motion on the stop or search may be possible to keep evidence out, or even keep the drugs from being introduced in the case. At Garrett, Walker, Aycoth & Olson, Attorneys at Law, our law firm is here to help you with your Greensboro drug trafficking charges. We’re located at 317 S. Greene St, Greensboro, NC 27401. We can be reached at 336-379-0539.
Greensboro Drug Trafficking Statistics
According to Weekly Crime Data that Greensboro Police department releases every week; Drug Trafficking and related drug charges in Greensboro are down across Guilford County. There have been 1803 Drug charges in Greensboro, NC this year through July 2022. This is about 23% down from where it was last year. GPD has also seized 978 Firearm in 2022 alone.
|Drug Charges 2021
Garrett, Walker, Aycoth, & Olson Greensboro Drug Trafficking Lawyer
317 S. GREENE ST, GREENSBORO, NC 27401
Greensboro Drug Trafficking Lawyer Google Review
“Jason is the best attorney I have ever worked with in my entire life and I was absolutely blessed to find him. Jason worked with me on my case for nearly two years and eventually negotiated with the district attorney (DA) to have my charges dismissed. Given the uniqueness of my case and my situation, he never gave up and continued to try to work with the DA to have my case dismissed. After several deals I refused from the DA, Jason continued to show the same tenacity from day one of working with me, which eventually led to a decision that worked in my favor. I can honestly say without a doubt if I had hired any other attorney, my case would have been resolved much differently. Jason was such a pleasure to work with and always helped me keep my chin up when I was saddened about possible outcomes. He went far and beyond the call of duty to help me through my case and I can’t thank him enough. If you’re looking for an attorney who cares and will continue to work with you through the thick and thin, hire Jason.”
Contact Garrett, Walker, Aycoth, & Olson, Attorneys at Law
Garrett, Walker, Aycoth & Olson is located at 317 S. Greene St., Greensboro, NC 27401. We’re located directly across the street from the Carolina Theater in downtown Greensboro, North Carolina. Our phone number is 336-379-0539. We’re here to help you with your case and we’re only a phone call away for all of your legal needs in Guilford County, NC
Garrett, Walker, Aycoth, & Olson, Attorneys at LawThe Federal Government established Federal Drug Crimes, with the most common being Drug Trafficking, to combat the distribution of controlled substances across the country. North Carolina has its own set of Drug Trafficking laws, and the Federal Government has a totally separate set of laws aimed at stopping the illegal distribution of controlled substances. Federal Drug Trafficking Charges are generally harsher in terms of sentencing, but this also depends on the nature of the crime and the criminal background, age, work history of the person accused. Greensboro Drug Trafficking Cases are based on the quantity of the substance and the type of the substance involved.
North Carolina Drug Trafficking LawyerFor North Carolina Drug Trafficking cases, sentencing or the amount of time a client is exposed to is based on the quantity of the substance involved in the case. A couple of rules that are particular to Greensboro Drug Trafficking cases are with reference to Conspiracy to Commit Trafficking in Drugs, Attempted Drug Trafficking, and in North Carolina we have our very own Felony Drug Trafficking Sentencing chart.
For North Carolina Drug Trafficking cases it’s important to note that prior record level does not matter. If you’re a first offender with no prior record charged with Felony Drug Trafficking you’d be facing the same sentence as someone who has a lengthy criminal history. For Greensboro Drug Trafficking cases, there isn’t a first offenders course, or some type of first offender’s program available. The Guilford County District Attorney’s Office will take the client’s record into account when they make a plea offer, however, first offenders and Level 6 offenders (highest record level in North Carolina) face the same amount of time and the same fines.
Conspiracy to Commit Trafficking charges are punishable by the same amount of time as if the person was charged with the target offense. For instance, let’s say a co-defendant of one of our clients is charged with Trafficking in Heroin and the quantity alleged is 6 grams. On the North Carolina Drug Trafficking sentencing chart, the co-defendant would be facing a mandatory minimum of 70 Months in custody with a mandatory fine of $50,000. If we had a prospective client meet with us and they were charged with Conspiracy to Commit Trafficking in Heroin then they’d be facing the same sentence even though they weren’t charged with the target offense, or in this case, Trafficking in Heroin between 4 – 14 grams. North Carolina Conspiracy to Commit Trafficking charges carry the same sentence as the Trafficking charge itself.
Attempted Trafficking charges are sentenced in an unusual way in North Carolina. North Carolina Attempted Trafficking cases are sentenced at the same offense level as the Trafficking charge, however, Attempted Trafficking is sentenced on the regular sentencing chart, and a client could be facing probation or mandatory time as a result of an attempted trafficking charge. Let’s take for instance the example listed above but instead of Conspiracy to Commit Trafficking in Heroin they’re charged with Attemtped Traffiking in Heroin and the total quantity alleged is 6 grams. In North Carolina this is a Class F Felony, however, the sentence they’d be facing would not be on the North Carolina Drug Trafficking Sentencing Chart, it would be on the regular North Carolina sentencing chart. So, for Attempted Trafficking in Heroin, on North Carolina sentencing chart, also would look at their prior record level.
Greensboro Drug Trafficking Lawyer
Our Greensboro Drug Trafficking Lawyers have listed a brief rundown of common North Carolina Drug Trafficking Charges as well as their sentences. If you’d like to learn more about Trafficking charges in North Carolina as well as see the chart the North Carolina School of Government has a lot of information located on their website.
How are Marijuana Trafficking charges sentenced?
- Marijuana Trafficking Charges begin at 10 LBS of Marijuana with a range of 10 LBs – 49 LBS. If a client were to be charged with Trafficking in Marijuana and be alleged by the State of North Carolina to have for example 25 LBs, this would be a Class H Felony, and they would be facing 25 Months up to a Maximum of 39 Months in Prison and a mandatory $5,000 Fine. Second Level Marijuana Trafficking Charges would be between 50 lbs – 1,999 lbs, and the client would be facing 35 – 51 Months in Prison and a mandatory $25,000 Fine. Trafficking or Conspiring to Traffic Marijuana between 2,000 lbs – 9,999 lbs results in a client facing a minimum of 70 months up to a maximum of 93 Months in prison with a mandatory $50,000 fine. The highest level of Marijuana Trafficking charges are when the client is alleged to have in excess of 10,000 lbs of marijuana. With a Drug Trafficking in Marijuana charge in excess of 10,000 lbs of Marijuana a client is facing a mandatory minimum of 175 Months – 222 Months in prison, with a mandatory $200,000 Fine.
How are Cocaine Trafficking charges sentenced?
- Cocaine Trafficking Charges begin at 28 Grams of Cocaine with a range of 28 – 199 grams. If a client were to be charged with Trafficking in Cocaine and be alleged by the State of North Carolina to have for example 100 grams, this would be a Class G Felony, and they would be facing 25 Months up to a Maximum of 39 Months in Prison and a mandatory $50,000 Fine. Second Level Cocaine Trafficking Charges would be between 200 grams – 399 grams, and the client would be facing 70 – 93 Months in Prison and a mandatory $100,000 Fine. Trafficking or Conspiring to Traffic Cocaine over 400 grams, results in a client facing a minimum of 175 months up to a maximum of 222 Months in prison with a mandatory $250,000 fine.
How are Meth Trafficking charges sentenced?
- Methamphetamine or Meth Trafficking Charges focus on the same quantities as Cocaine, however, these cases are sentenced at a higher level for the same quantity. Trafficking in Meth charges begin at 28 Grams of Meth with a range of 28 – 199 grams. If a client were to be charged with Trafficking in Meth and be alleged by the State of North Carolina to have for example 100 grams, this would be a Class G Felony, and they would be facing 70 Months up to a Maximum of 90 Months in Prison and a mandatory $50,000 Fine. Second Level Meth Trafficking Charges would be between 200 grams – 399 grams, and the client would be facing 90 – 120 Months in Prison and a mandatory $100,000 Fine. Trafficking or Conspiring to Traffic Meth over 400 grams, results in a client facing a minimum of 225 months up to a maximum of 282 Months in prison with a mandatory $250,000 fine.
How are Heroin Drug Trafficking charges sentenced?
- Heroin Trafficking Charges focus on the same sentencing as Meth, however, with Heroin Trafficking cases, it requires far less heroin in North Carolina for it be charged as Trafficking. Also of note, Heroin cases include Opium and Opioids, and a recent law has added Fentanyl, to this statute. Fentanyl Trafficking falls under this law because Opioids are now included in the Heroin Trafficking statute as of December 1, 2018. Any fentanyl charge after Dec. 1, 2018, can fall under the Trafficking in Heroin statute, however, Fentanyl Trafficking cases prior to December 1, 2018, do not fall under the Heroin statute, and can only be charged as Possession of Opioids or Possession with the Intent to Sale and Deliver Opioids statutes. Trafficking in Heroin charges begin at 4 Grams of Heroin with a range of 4-13 grams. If a client were to be charged with Trafficking in Heroin and be alleged by the State of North Carolina to have for example 10 grams, this would be a Class F Felony, and they would be facing 70 Months up to a Maximum of 90 Months in Prison and a mandatory $50,000 Fine. Second Level Heroin Trafficking Charges would be between 14 grams – 27 grams, and the client would be facing 90 – 120 Months in Prison and a mandatory $100,000 Fine. Trafficking or Conspiring to Traffic Meth over 400 grams, results in a client facing a minimum of 225 months up to a maximum of 282 Months in prison with a mandatory $250,000 fine.
How does a Federal Drug Trafficking Case Work?Federal Drug Trafficking Cases have separate punishments and penalties and these are divided into categories, with each crime having it’s own guideline.
- Trafficking and the Distribution is accusation of selling, delivering, or providing controlled substances illegally. The charge typically becomes a federal charge because of the quantity of the drugs involved and can carry 5 or 10 year mandatory minimum setences.
- The Manufacturing of Drugs charge is a when a person plays a role in cultivating or manufacturing a controlled substance.
- Cultivation is defined as harnessing the naturally occurring processes of illegal controlled substances, for instance growing marijuana would fall under the Cultivating Drugs charge.
- Drug Manufacturing is the producing or creating more synthetic controlled substances through chemical process or in a laboratory, this would be the case with MDMA and Crack Cocaine, because these drugs are manufactured.
- Drug Manufacturing Convictions can lead to a prison sentence that can carry 5 to 10 years mandatory minimum sentences, which also depends on the quantity of the drugs involved.
- Drug Possession charges are the most common form of a drug charge in North Carolina. Drug Possession is simply the Possession of a Controlled Substance, which can be either either Actual Possession or Constructive Possession. Drug Possession sentencing again boils down to the type of controlled substance and quantity of it.