Wilmington Drug Possession Lawyer

Wilmington, NC Drug Possession Attorney

Wilmington has a rich cultural heritage as the largest city on North Carolina’s coast. With a mix of modern museums, performing arts venues, and historic sites, the thriving arts and culture scene has something for everyone. Afternoon trips to Thalian Hall or the Cameron Art Museum can be ruined by accusations of drug possession. A Wilmington drug possession lawyer can represent your interests and get you back to enjoying the art scene.

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The Shotwell Law Group PLLC

When you’re facing drug possession charges, you need an experienced legal team ready to fight for your freedom. The Shotwell Law Group PLLC has over 30 years of combined experience in criminal defense cases. We pride ourselves on helping our clients through aggressive representation that consistently exceeds expectations. Don’t leave it up to chance. Hire a criminal defense lawyer to protect your interests.

Drug Abuse and Distribution

According to the National Center for Drug Abuse Statistics, drug abuse costs the United States nearly $820 billion annually from crime costs, healthcare costs, lost wages, and other impacts on society. In 2022, there were 107,941 drug-related overdose deaths in the United States. An additional 178,000 Americans are killed each year by alcohol abuse-related deaths.

According to the FBI’s Crime Data Explorer, in 2024, there were 59,029 arrests in North Carolina for drug and narcotic violations. Of those arrested:

• 78% were 20 to 49 years old
• 72% were male
• 49% were African American
• 45% were white
• 6% were Hispanic or Latino
• 53% were arrested on or near a roadway

Drug Possession in North Carolina

North Carolina defines possession as the willful and unlawful possession of any controlled substance. Drug possession is classified by the amount of drugs and the individual’s proximity to the drugs. For instance:

• Simple possession involves having a small quantity for personal use.
• Possession with the intent to manufacture, sell, or distribute involves larger quantities of drugs.
• Possession of drug paraphernalia involves any items that can be used to grow, manufacture, package, conceal, or consume a controlled substance.
• Actual possession involves finding the drugs in your possession, either in your body or in your clothes.
• Constructive possession involves finding the drugs in close proximity to your location.

How to Get a Drug Possession Charge Dropped in North Carolina

Having a drug possession conviction on your criminal record can have lasting consequences. You may have difficulty finding a suitable job, you could be denied rental opportunities, lose or be unable to renew professional licenses, or be unable to apply for educational programs or scholarships.

Depending on the unique factors of your drug possession case, an experienced drug possession attorney in Wilmington, NC may be able to argue that the charges should be dropped or dismissed. Legal bases for dismissal may include:

• Lack of reasonable suspicion
• Lack of probable cause
• Improper search and seizure
• Lack of voluntary consent
• No search warrant or an improper search
• Inability to prove actual or constructive possession
• Evidence issues or chain of custody issues
• Rights violations
• Abuse of power
• Illegal stop-and-search

How an Experienced Drug Possession Lawyer Can Help

Facing drug possession charges can be overwhelming. Drug possession laws are complicated and change frequently as new drugs are developed and old drugs are reclassified. Having the guidance of a skilled drug possession attorney can make a difference. If the charges can’t be dismissed, your attorney can still help by negotiating for:

• Little to no jail time
• Probation
• Community service
• Reduced fines

Whether you make a plea agreement or take your case to trial, a knowledgeable drug possession attorney can help you gather evidence, collect witness statements, challenge evidence, and build a strong defense to reduce or dismiss your charges.

FAQs About Wilmington, NC Drug Possession

What Classification of Crime Is Drug Possession in North Carolina?

The classification of drug possession in North Carolina depends on the drug. Schedule I drug possession is classified as a Class I felony. Schedule II, III, and IV drug possession is classified as a Class 1 misdemeanor. If the quantity is significantly large, it is classified as a Class I felony. Schedule V drug possession is classified as a Class 2 misdemeanor. Schedule VI drug possession is subject to probation at the discretion of the judge.

What Are the Penalties for Drug Possession in North Carolina?

According to the North Carolina Sentencing and Policy Advisory Commission, the penalty depends on the classification of the crime, which depends on the type of drug. A Class I felony has a maximum punishment of 24 months. A Class 1 misdemeanor has a maximum punishment of 120 days. A Class 2 misdemeanor has a maximum punishment of 60 days.

How Much Does a Drug Possession Lawyer Charge in North Carolina?

In North Carolina, there is no standard rate for a drug possession lawyer. The complexities of your case and the attorney’s experience affect the rate. You may be required to pay a retainer fee before any work can be completed on your case. During your initial consultation, you can discuss whether the attorney charges a flat fee for drug possession cases or an hourly rate.

What Drugs Are Most Commonly Abused?

The most commonly abused drugs depend on several factors. The demographics of the users, what drugs are available in the user’s area, and the intended goal of the user. Most abused drugs fall into specific categories, such as:

• Narcotics
• Depressants
• Stimulants
• Prescription drugs
• Hallucinogens

In 2023, nearly 54.2 million Americans needed treatment for substance abuse.

What Is Drug Regulation and Scheduling?

To regulate drug sales, scheduling categorizations were created as part of the Controlled Substances Act. Schedule I drugs have no medical purpose and a high potential for abuse. Schedule II drugs have a high risk of abuse but accepted medical uses. Schedule III drugs have a moderate to low risk of abuse and medical uses. Schedule IV drugs have a low potential for abuse and standard medical uses. Schedule V and VI drugs have little to no potential for abuse.

Hire a Drug Possession Lawyer

You don’t have to face drug possession charges alone. Our knowledgeable team is ready to put our courtroom skills to work fighting for your case. Contact The Shotwell Law Group PLLC for a confidential consultation.