Winston-Salem Drug Lawyer

Aggravating Factors in Drug Sentences and Charges

Here are some of the aggravating factors that could cause prosecutors to seek a tougher sentence:

• The amount of the substance the prosecutor claims you had
• Whether you had an intent to deal or were accused of actually selling drugs
• Whether you have a prior criminal record
• Whether there were other alleged crimes involved

Drug convictions can not only carry jail time but can also include the following consequences:

• The loss of government benefits, such as student loans or food stamps
• A negative impact on your ability to get a job in the future with a drug conviction on your record
• The loss of custody of your child or visitation rights
• Your immigration status can be affected
• Being ordered into a drug rehab program

If you are tempted to plead guilty to make the matter go away, you should think it through more carefully. There are times when it may make sense to plead guilty (especially when the prosecutor is offering a very favorable plea bargain), but it will not come without a cost. An experienced drug crimes lawyer in Winston-Salem can review your situation and advise you of your legal options and what course of action may work best for you.

Defenses to a Drug Charge

Drug trials often come down to the quality of the evidence and whether it was legally seized. In turn, you can defend your case by arguing the following:

• The evidence being used against you was seized in violation of your legal rights.
• You did not know that you had an illegal substance in your possession.
• Police did not have a valid basis to stop you and search you.
• There was a defect in the chain of custody of the evidence that was seized.
• The substance that you had was not actually an illegal drug.
• Law enforcement entrapped you into committing a crime.

Drug crimes do not always have to result in a large sentence. If you choose not to fight the charges, the prosecutor may be willing to make a plea bargain to win a quick conviction. Depending on the charge, you may even enter a drug treatment program as a pre-trial program. If you plead guilty, you should only do so in exchange for something from the prosecutor.

If you have been charged with a drug crime in Winston-Salem, you need a lawyer immediately. Law enforcement may continue to build their case, and you must have someone to protect your legal rights. Your lawyer can keep law enforcement from questioning you against your will and from executing unreasonable searches. Without a lawyer, you may make a mistake that could make your legal situation worse.