Wilmington Drug Trafficking Lawyer

Wilmington Drug Trafficking Attorney

Drug trafficking charges are serious due to the potential penalties involved with these types of offenses in North Carolina. If you are facing any type of drug trafficking charge, you need to consider reaching out to a Wilmington drug trafficking lawyer. Having a legal advocate on your side can ensure that you understand all the details of your case. You can also consult with an attorney about potential defenses.

The experienced criminal defense attorneys in Wilmington, NC, at The Shotwell Law Group PLLC have years of experience working on drug trafficking cases in North Carolina. Our skilled team can assess whether the state violated your rights, examine all the evidence being used against you, and consider your perspective of the events related to your arrest.

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Drug Trafficking Laws in North Carolina

The primary statute associated with drug trafficking laws in North Carolina is G.S. § 90-95. The basic feature of the drug trafficking statute is that it is categorized based on the type and quantity of the substance the defendant possesses. All drug trafficking offenses are classified as felonies. The following substances typically relate to drug trafficking charges: 

• LSD and other hallucinogens
• MDMA (Ecstasy)
• Heroin and other opioids
• Methamphetamine
• Cocaine
• Marijuana

The amounts that make an offense qualify as a drug trafficking charge depend on the drug involved. For marijuana, ten pounds or more qualifies as a drug trafficking charge. For cocaine, the amount is twenty-eight grams or more. If an individual possesses at least four grams of heroin, then this will qualify as a drug trafficking offense.

Organized crime groups often transport drugs through North Carolina. The major cities related to drug trafficking include Charlotte, Raleigh, and Durham. Major airports throughout North Carolina are also connected to the transportation and shipment of illegal substances.

Potential Defenses to Drug Trafficking Charges in North Carolina

A knowledgeable criminal defense attorney may employ several legal strategies in a drug trafficking case. Law enforcement officers may have mishandled a controlled substance after a defendant was arrested, and this can give rise to a chain-of-custody defense. Laboratory results may be inconclusive or problematic, and a criminal defense attorney will scrutinize all crime laboratory records related to the seized drugs.

If it is possible that a different person put drugs on the defendant’s person, then this may cause a lawyer to assert a defense regarding constructive possession. A lawyer may argue that another party attempted to incriminate the defendant, and the named defendant did not have knowledge of the controlled substance.

Two additional potential defenses include unlawful search and seizure and entrapment. The Fourth Amendment protects all arrestees, and an attorney will determine if the arresting officers violated the defendant’s Fourth Amendment rights. A criminal defendant who was provoked into possessing the drugs by law enforcement officers may have a viable entrapment defense.

Important Reasons to Hire a Drug Trafficking Lawyer

Retaining legal counsel related to a drug trafficking charge can help you determine if any legal defenses apply to the facts of your case. Also, a skilled criminal defense attorney can engage in plea negotiations with the state, which can potentially lead to a reduced sentence. Also, you will be able to speak candidly to your attorney without fear of any attorney-client communication being used against you.

A legal advocate will also be able to represent you during hearings. If your case goes to trial, a criminal defense lawyer will be able to cross-examine witnesses, file motions in limine to get evidence excluded before trial, and present arguments to the jury regarding the facts of the case. Above all, a lawyer will ensure that you enforce all of the legal rights available to you under the laws of North Carolina.

Drug Trafficking Statistics in North Carolina

In 2023, the most trafficked drug in North Carolina was methamphetamine. In 2024, approximately 1,175 individuals were arrested for the sale and manufacturing of opium or cocaine in North Carolina. Also in 2024, approximately 969 individuals were arrested for the sale or manufacturing of other dangerous drugs.

FAQs About Wilmington, NC Drug Trafficking Law

What Qualifies as Drug Trafficking?

The quantity of the controlled substance will determine if the state can file a drug trafficking charge against a defendant. North Carolina does not require that the defendant intended to sell or distribute any particular substance. The defendant must knowingly possess, manufacture, sell, deliver, or transport a specific minimum amount for a drug trafficking charge to apply.

How Can You Get Out of a Drug Trafficking Charge?

The methods criminal defense attorneys use when representing defendants in drug trafficking cases are to assess whether the arresting officer engaged in an unlawful search or seizure. Also, the question of whether the officer used verbal commands is relevant to a defendant’s defense in a drug trafficking case. Malicious prosecution and false arrest are also potential defenses to drug trafficking charges in North Carolina.

What Is the Difference Between Drug Trafficking and Drug Possession?

The primary difference between drug trafficking and drug possession in North Carolina is the quantity of the illegal substance related to the offense. Drug trafficking offenses carry mandatory minimum sentences of imprisonment. Possession is often related to smaller quantities of substances, and these offenses are often punished by mandatory probation and substance abuse treatment programs.

What Is the Minimum Sentence for Drug Trafficking?

The minimum sentence for a drug trafficking conviction in Wilmington, NC, is twenty-five months of incarceration for trafficking between ten and fifty pounds of marijuana. For offenses related to cocaine, the minimum sentence is thirty-five months of incarceration for trafficking between twenty-eight and two hundred grams of the substance. Methamphetamine and heroin offenses carry a minimum sentence of seventy months of incarceration.

Reach Out to The Shotwell Law Group PLLC Today to Schedule a Consultation

The criminal defense attorneys at The Shotwell Law Group PLLC understand drug trafficking cases and the stakes involved in complex criminal litigation. We have years of experience helping clients develop effective defense strategies to ensure they can enforce all the rights available to them under North Carolina law.

If you are seeking legal representation, then reach out to us today to schedule a consultation. We can evaluate the facts of your case, advise you on next steps, and help you understand the likely outcome. Our criminal defense team will be with you every step of the way as your case unfolds.