Asheville, NC Defense Attorney
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Marijuana Drug Crime Defense
After thousands of years of human consumption and many current polls showing public favor for legalization, we still have demonization and prohibition of marijuana. The fear of the "gateway" drug and the deplorable "pot head" is still hanging on in conservative society. Lets face it, a Happy Meal is probably more unhealthy for most people. Nevertheless, marijuana is still wildly popular and NC's war on weed rages on.
NC does have relaxed marijuana laws compared to many other conservative states, however, certain circumstances can attach some serious consequences to people involved with this plant. For minor possession cases, you and your defense attorney may determine that deferred prosecution is the best solution, where your charges could be dismissed after a short period of probation. However, many people may be unaware that it is a felony to grow a marijuana plant, and felony cultivation charges will often be accompanied by felony charges of maintaining a dwelling and possibly possession with intent to sell and deliver. This means gardening of a couple marijuana plants could leave you with 2-3 serious felony charges and even potentially land you in prison as difficult as that is to comprehend.
In a cultivation case, you will need an effective defense lawyer. Depending on the quantity of marijuana (above 1.5 ounces) you can be charged with a felony for possession alone. As with all drug charges, there is often issues of constitutionality with warrants, searches, seizures and other issues that could lead to suppression of the evidence against you and ultimately dismissal of the charges altogether. Sometimes the risk of a trial is outweighed by the safety of a favorable plea arrangement. If you have marijuana charges, It will require a thorough analysis of your situation by a skilled defense attorney to decide if any trial worthy issues exist in your case. If you have been charged with this victimless crime, call me to discuss your options for your case:
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But wait, it wasn't my marijuana stash! How can they charge me with it?
There is a concept in drug cases referred to as "Constructive Possession." This is how you can be charged with substance that you may not have even been aware of. As long as you have control over the substance and access to the area where it is stored or sitting, you could be charged with the possession. This does not mean that constructive possession will always fly. Let's face it, there is no significant repercussions for law enforcement to charge you inappropriately. If you're being told you are responsible for substance that you had no knowledge of, or possibly had no access to, then you may have some good arguments to dismiss your case. You will need a skilled defense attorney in a situation like this, who can take your information to the state and hold them to their burden of proof. Depending on the facts of each situation, being charged with marijuana constructive possession is not hopeless. Hiring a defense lawyer who is willing to prepare an aggressive defense to these charges will make all the difference.
Authorities Told Me They Could Search Me Because They Smelled Weed
Generally, this is correct. Police can form probable cause to search from the pungent smell alone. I know right? I smell marijuana, and if I don't... oh well I thought I did! So what is the incentive to keep authorities from being dishonest in these cases? Sometimes the claim of smell alone, to form probable cause, may not be reasonable under the circumstances. This means a suppression motion to throw out the case may still be effective. Call an Asheville drug lawyer today to analyze your case!
Be Careful About The Decision To Represent Yourself On Seemingly Minor Charges- Call To Find Out For Free How I Can Improve Your Position!!!
Update 12-2013: Marijuana possession less than 1/2 oz. is a class 3 misdemeanor, now with "fine only" punishment, depending on your prior record level. Please be advised, if you pay the fine you'll be securing yourself a drug conviction for your record. This is still NOT California, and the charge is not a civil penalty, but a crime. The goal was to save the state money in representing people, yet the possession remains a crime and not an infraction. If you have figured out 90-96 pleas and believe you can go at it alone, be careful. There are tactical considerations to be discussed in these cases, and you need a skilled drug attorney who knows the local customs. CALL NOW to discuss your situation. 828-575-8417
Interesting Marijuana Folklore From Your Friendly Asheville Criminal Defense Attorney (Makes you say "HMMM?") :
Read more by clicking HERE >>> for an interesting synopsis on the hysteria, racism, and crooked dealings leading to prohibition of cannabis.
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DISCLAIMER: Keep in mind that no attorney can guarantee any outcome. Case outcomes are fact specific. Change a single fact, and you may alter the outcome completely. The information contained on this page is merely for informational purposes, and forms no attorney-client relationship. Please call and/or schedule an appointment for consultation to discuss your particular issues and goals and to determine how I can help. I am a licensed NC attorney, but nevertheless the law is ever changing and any representation contained in this site may no longer be current NC or US law.