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Defending against misdemeanor and felony drug charges

An arrest for misdemeanor or felony drug charges may result from a number of circumstances and scenarios. Penalties associated with a drug conviction can amount to thousands of dollars in fines and years in prison.  All drug convictions result in an individual having a criminal record and should therefore be taken seriously. North Carolina residents who are facing drug charges would be wise to exercise their right to remain silent and contact a criminal defense attorney.

Every drug case is unique and it's important to examine the facts of a case as well as the circumstances and events that preceded an individual's arrest. In cases where an individual pleads not guilty, a defense attorney may work to refute evidence, question whether an arresting officer followed procedural rules and laws and question the handling of evidence. Employing these types of defense strategies, a skilled defense attorney may be able to get criminal charges reduced or dismissed altogether. 

One of the most commonly employed defense strategies to drug charges revolves around Fourth Amendment rights and an individual's right to protection against unlawful search and seizure. An example of a Fourth Amendment violation includes a police officer who arbitrarily pulls a driver over and proceeds to ask the driver to exit the vehicle at which time the officer searches the glove compartment or trunk without the driver's consent.

In other cases, a police officer may have failed to follow procedural laws when arresting or questioning an individual. Mistakes in collecting, handling and analyzing evidence may also occur which could result in such evidence being deemed inadmissible in a case. In cases where illegal drugs were recovered at the time of an individual's arrest, a defense attorney will closely examine records related to the handling and analysis of the evidence and may also request that drug evidence be presented and verified in court.

Source: FindLaw.com, "Drug Possession Defenses," 2014

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