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Law Office of
Carilyn Ibsen PLLC
Defending Clients in North Carolina and South Carolina

Drug Possession

Possession of a Controlled Substance

 

Mecklenburg County Controlled Substance Attorney (888) 543-2427

If you are arrested for possession of a controlled substance you may be charged with G.S. 90-95; the specific section charged will depend on the type of drug seized. If the drug seized is a small amount of  marijuana and you have a clean record, you will most likely be charged with a misdemeanor. However, if it is alleged that you were in possession of cocaine, heroin or numerous other types of drugs, you will likely face a felony charge.


While most charges concern “street drugs” like Cocaine and Methamphetamine, substances commonly thought as medications or therapeutic drugs can be considered illegal under the law. 


If you are found in actual possession of the drug or simply constructive possession, you can be found guilty of the offense. Constructive possession exists when the drug is not found on your person, but you knowingly exercise control over the drug, either indirectly or through another person. Therefore, a person can be found guilty of possession of a controlled substance when they knowingly possess a controlled substance.


Many times drugs will be found under the seat of a car. The State will argue that the driver/owner of the vehicle must have known of the substance because they are the owner or driver of the car. The state can argue that this even when there are others in the car. However, a good criminal defense attorney can counter this argument by explaining to the court or jury how quick and easy it is for a passenger to hide their drugs under the seat of the vehicle without the driver/owner being aware.


The first thing a skilled criminal defense attorney should do in all drug cases is to analyze weather the seizure of the drugs/narcotics was lawful under the 4th amendment and not an unlawful search and seizure. This area of the law is commonly called “search and seizure” and an integral step in any defense attorney’s review of a case. For example, if the defendant was pulled over while driving in a car- what lawful reason did the officer stop the accused for? If the officer walked up to the accused on the street and started having a conversation with the accused- did the officer have grounds to hold a conversation for any length of time with the accused? If the reason for the stop/detention of the accused was not legal under the Fourth Amendment, then the attorney can move to suppress the evidence by filing a suppression motion. If the court grants this motion, then the case can be dismissed.


If you are accused of possession of a controlled substance, please contact Mecklenburg County/Charlotte Area Criminal Defense Attorney Carilyn Ibsen at (888) 543-2427.

 

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