Cocaine Lawyer Greensboro NC

Why is Possessing Cocaine a Felony?

Cocaine is one of those drugs where merely being found in possession of it is a Felony. Cocaine is a Schedule II Drug, these are drugs that are considered to have a strong potential for abuse or addiction but also have legitimate medical use. This being said because it’s a high level drug in terms of its schedule this is what makes possessing it a Felony. Our Greensboro Cocaine Lawyers understand the nuances of Possession of Cocaine cases, which often come down to this concept of Possession.

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What do I do if Cocaine is Found in my Possession?

Cocaine Possession cases often fall into two categories: Actual Possession and Constructive Possession.
Actual Possession of Cocaine is where you the Cocaine in your pocket or on your person, whether it be in your shoes, or somewhere else in your pants. If the Cocaine is located on you then you Actually Possessed the Cocaine and can be charged with Felony Possession of Cocaine.

When it comes to being in possession of cocaine, rule number one, don’t say anything about the cocaine, having knowledge of it being there or that it was yours. The moment you make that statement it may very well eliminate defenses to a felony possession of cocaine case down the road.

What is Constructive Possession of Cocaine?

Constructive Possession of Cocaine is where a majority of Cocaine Possession cases fall. Constructive Possession of Cocaine is where you have both:

  1. Knowledge of the Cocaine’s presence on or about your property or someone else’s; AND
  2. You have the Ability to Maintain Dominion and Control over the Cocaine

We know what you’re thinking, what do those terms mean? These Possession of Cocaine cases can become complicated when it comes down to Constructive Possession of Cocaine.

cocaine lawyer Greensboro NC

What if I didn’t know the Cocaine was there?

Knowledge of the Presence of Cocaine also has two issues to address:

You must know that the Cocaine is on your property or around your property. This does not mean that if you say you didn’t know it was there, the state doesn’t have a case. Knowledge of the Presence of Cocaine can be inferred from the circumstances surrounding the case and other incriminating facts or circumstances and the ability to maintain dominion and control over the cocaine.

What are examples of the Constructive Possession of Cocaine?

i. Police approach your car and see the Cocaine in Plain view – bag of cocaine on floor
ii. The cocaine is found in your wallet or purse when police conduct a search.
iii. If you own a vehicle and the cocaine is found in that vehicle, then you are deemed to have dominion and control because you possess the vehicle that possesses the cocaine. If the car isn’t owned by anyone in the car, typically the driver is deemed to be the most culpable unless someone takes responsibility or someone has actual possession of Drug Paraphernalia that fits with cocaine, ie a spoon for crack cocaine possession cases.
iv. If you Possess Drug Paraphernalia that is synonymous with the packaging or use of Cocaine, then this can be an incriminating factor toward cocaine possession
v. The Cocaine is located in your bedroom
vi. If you are behaving suspiciously during the search or arrest, law enforcement may deem this an Incriminating Fact or Circumstance toward you being in Constructive Possession of Cocaine

What does Having Dominion and Control mean for a Cocaine Case?

Merely having Knowledge of the Presence of Cocaine is not enough; the state must also show that you had the Ability to Maintain Dominion and Control over the Cocaine. It sounds a lot more epic than it actually is, the courts are only going to look at whether you had the ability to gain physical possession of the cocaine, even if it’s on another person the courts have held that can be enough to have the Ability to Maintain Dominion and Control over the Cocaine.

Greensboro Cocaine Possession 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.

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Greensboro Cocaine 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.”
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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 Law