Category: Drug Crimes

Most states have laws that limit how long after the fact the state can prosecute individuals for crimes. These statutes of limitations are important as they ensure the justice system remains fair and doesn’t get bogged down in old cases that would be difficult to prosecute. In North Carolina, the general statute of limitations for misdemeanor crimes is two years, but felony cases have no statute of limitations. Drug crimes can either be a misdemeanor or felony in North Carolina, so there may or may not be a statute of limitations for them.

North Carolina Misdemeanor Statute of Limitations

N.C.G.S 15-1(a) establishes a general two-year time limit on prosecuting misdemeanor crimes. This means that the prosecution must prosecute misdemeanor crimes within two years of their occurrence, or the matter is dropped. N.C.G.S. 15-1(b) names certain misdemeanor crimes that have a ten-year statute of limitations, which include:

• Sexual battery of a child
• Child abuse
• Failure to report child abuse or neglect
• Partaking in indecent liberties with a minor

The law excludes malicious misdemeanors from this two-year statute, so there is no time limit for their prosecution. To prove a malicious misdemeanor, the court must demonstrate the accused acted with malice or intention to cause harm. 

The same law also puts a one-year statute of limitations on the state reviving a defective case. If a case is defective, the state must initiate a new case within one year, or else they cannot pursue a criminal charge anymore. 

Felony Statute of Limitations

In contrast, felony crimes in North Carolina do not have a statute of limitations. This means that the state can prosecute a felony no matter how much time may have passed since the occurrence of the alleged crime. Among older cases, prosecutors tend to focus on the most serious, such as murder or sexual assault, but any felony can be prosecuted at any time. Even a lower felony, such as breaking and entering a car, has no time limit to file charges. North Carolina is notably one of a handful of states that has no statute of limitations for felonies. 

Drug Misdemeanors and Felonies in North Carolina

Whether or not there is a statute of limitations on a drug crime depends on whether it’s a misdemeanor or a felony. In North Carolina, a simple drug possession charge is a misdemeanor, depending on the amount and the specific drug. In contrast, possession with the intent to sell, manufacture, or distribute a drug is usually a felony crime. 

So, a specific drug crime in North Carolina may or may not have a time limit to prosecute, but it depends on the specifics of the case. In either case, you should not rely on there being a statute to protect you from a criminal charge. You should instead contact a criminal defense attorney with experience in drug crime cases. 

Federal Drug Crime Statute of Limitations

Depending on where the alleged drug crime may have occurred, it may fall under federal jurisdiction, which has a different statute of limitations than North Carolina. According to 18 USC 3282, the time limit for prosecuting non-capital crimes is five years. There is no time limit for prosecuting crimes for which the punishment may be the death penalty.

Criminal Defense Attorney in North Carolina

If you are facing drug crime charges in North Carolina, contact Hancock Law Firm today. We can use every resource available to defend you from the charges and fight for a reduction or case dismissal.  Contact us online or call today to speak to a criminal defense attorney in North Carolina.

Prescription drug fraud is a serious charge that can have life-changing consequences. Whether it’s doctor shopping, forging prescriptions, or illegally distributing medication, being accused of this crime can lead to severe penalties. It’s essential to understand what you’re up against and what you can do to defend yourself.

In North Carolina, the stakes are high if you’re facing these charges. A conviction can result in heavy fines, prison time, and a criminal record that could follow you for the rest of your life. Working with an experienced drug crimes attorney who can assert potential defenses is key to protecting your future.

What Is Prescription Fraud?

Prescription drug fraud involves illegally obtaining or distributing prescription medications. It can take several forms, each carrying significant legal consequences.

Common examples of prescription drug fraud include:

• Doctor Shopping: Visiting multiple doctors to obtain multiple prescriptions for the same medication.
• Forging Prescriptions: Altering or creating fake prescriptions to obtain drugs.
• Illegal Distribution: Selling or giving away prescribed medications to others.
• Impersonation: Pretending to be someone else to obtain prescription drugs.

Prescription drug fraud has become a growing concern due to the increase in prescription drug abuse. Law enforcement and prosecutors are cracking down on these activities, making it crucial for anyone facing these charges to understand the seriousness of the situation. 

Consequences of a Conviction

A conviction for prescription drug fraud in North Carolina carries severe consequences that can affect every aspect of your life. The penalties can be harsh and may include:

• Fines: Significant financial penalties that can burden you for years.
• Imprisonment: Sentences can range from months to several years, depending on the severity of the offense.
• Criminal Record: A permanent record that can hinder future job opportunities, housing, and more.

Beyond these immediate penalties, there are other long-term effects:

• Loss of Professional Licenses: A conviction could result in losing your professional license if you work in healthcare or a related field.
• Damaged Reputation: A criminal conviction can damage your personal and professional reputation, leading to strained relationships and a loss of trust from others.

The impact of a conviction is far-reaching, making it critical to fight the charges effectively.

Defenses Against Prescription Drug Fraud

Defending yourself against prescription drug fraud charges requires a strategic approach, as the consequences of a conviction can be life-altering. Several potential defenses can be used, depending on the specifics of your case.

Common defenses against prescription drug fraud include:

• Lack of Intent: If you did not intentionally commit fraud, you may argue that there was no criminal intent behind your actions. For example, you might have made an honest mistake in obtaining or filling a prescription.
• Valid Prescription: You may have had a legitimate prescription for the medication. Providing proof of a valid prescription can be a strong defense.
• Entrapment: If law enforcement officials pressured or coerced you into committing the crime, you could argue that you were entrapped, which can sometimes lead to charges being dismissed.
• Insufficient Evidence: The prosecution must prove your guilt beyond a reasonable doubt. If there is insufficient evidence to support the charges, your attorney can argue for a dismissal or reduction of charges.
• Mitigating Circumstances: Factors such as addiction or a medical condition may be presented to lessen the severity of the penalties.

A strong defense is essential to protect your future and minimize the potential impact of these charges. Working with an experienced attorney can make all the difference in the outcome of your case.

Why Hancock Law Firm?

At Hancock Law Firm, we understand the serious implications of prescription drug fraud charges and are committed to providing the support you need. We approach each case with a tailored strategy, focusing on the unique details of your situation to build a strong defense. 

Whether it’s challenging the evidence against you or presenting mitigating factors, our goal is to achieve the best possible outcome for you. You can depend on us to protect your rights and future, helping you confidently move forward.

Protect Your Future from a Prescription Fraud Conviction

Don’t let a prescription fraud charge derail your life. The sooner you act, the better your chances of a favorable outcome. Contact Hancock Law Firm today to discuss your defense options and take the first step toward protecting your future.

As attitudes toward marijuana continue to evolve across the United States, the legal landscape surrounding its possession remains a critical issue, particularly in North Carolina. In Beaufort, understanding the state’s marijuana laws is essential for anyone living in or visiting the area. Whether you’re a long-time resident or just passing through, knowing what constitutes illegal possession and the potential consequences can help you avoid legal troubles.  

Current Marijuana Possession Laws in North Carolina

In North Carolina, marijuana is still classified as a Schedule VI controlled substance under state law, which means that its possession, sale, or distribution is illegal. The state has not legalized recreational or medical marijuana, though there have been discussions and legislative proposals regarding potential changes. For now, the laws remain strict, and it’s crucial to be aware of the legal boundaries.

1. Possession of Marijuana

• Possession of less than 0.5 ounces: If you’re caught with less than 0.5 ounces of marijuana in Beaufort, it’s classified as a Class 3 misdemeanor. This is the least severe charge and is punishable by a fine of up to $200. Fortunately, for first-time offenders, jail time is not typically imposed.

• Possession of 0.5 to 1.5 ounces: Possession of marijuana in this range is considered a Class 1 misdemeanor. This charge can result in a maximum sentence of 45 days in jail, along with a possible fine. It’s important to note that previous criminal history can significantly impact the sentencing outcome.

• Possession of more than 1.5 ounces: Possession of more than 1.5 ounces of marijuana is treated as a felony offense in North Carolina. Known as a Class I felony, it carries the potential for a 3-8 month prison sentence. The penalties become even harsher with larger quantities, especially if there’s evidence suggesting intent to distribute.

2. Possession of Drug Paraphernalia

Possession of drug paraphernalia related to marijuana is a separate offense in Beaufort. This can include items such as pipes, bongs, rolling papers, and other tools used for consumption or cultivation. Possession of drug paraphernalia is a Class 1 misdemeanor, which can result in fines and potential jail time. Having any marijuana-related paraphernalia, even if no marijuana is present, can lead to serious legal consequences.

Potential Legal Consequences

Understanding the potential legal consequences of marijuana possession in Beaufort is crucial for anyone facing charges. The impact can vary based on the amount possessed, prior criminal history, and other aggravating factors. Here’s what you need to know:

1.     Criminal Record

A conviction for marijuana possession, even as a misdemeanor, results in a criminal record. This can have long-term consequences, including difficulties in securing employment, housing, or educational opportunities. A criminal record can affect professional licenses and background checks, creating challenges for individuals trying to rebuild their lives. 

2. Loss of Driving Privileges

In some cases, a marijuana possession conviction can lead to the suspension of driving privileges. This is particularly true for individuals under the age of 21, where possession charges often result in an automatic license suspension. Losing your driving privileges can disrupt daily life, impacting your ability to commute, work, and fulfill personal responsibilities.

3. Mandatory Drug Education Programs

As part of a sentence for marijuana possession, the court may require participation in mandatory drug education or treatment programs. These programs aim to provide education on substance use and its impact. While they can be beneficial, they also come with additional time commitments and financial costs. 

Legal Defenses Against Marijuana Possession Charges

If you’re facing marijuana possession charges in Beaufort, it’s essential to understand your legal options. There are several defenses that may be applicable, depending on the circumstances of your case. Here are some potential defenses: 

1. Illegal Search and Seizure

One of the most common defenses in marijuana possession cases involves challenging the legality of the search and seizure. If law enforcement conducted an illegal search or violated your constitutional rights, the evidence obtained may be inadmissible in court. An experienced attorney can evaluate whether your rights were violated and use this as a basis to challenge the charges. 

2. Lack of Possession

Another potential defense is to demonstrate a lack of possession or control over the marijuana. This could involve proving that the substance belonged to someone else, was placed on your person or property without your knowledge, or was found in a shared space where ownership is unclear. 

3. Medical Necessity

While North Carolina has not legalized medical marijuana, some defendants have argued medical necessity as a defense. This involves proving that the marijuana was used for legitimate medical purposes, although it is a complex and challenging defense that requires substantial evidence and legal expertise. 

The Attorneys at Hancock Law Firm, PLLC Help Those in North Carolina Who Have Been Charged with Possession

Navigating the legal system in Beaufort for marijuana possession charges can be complex and daunting. Seeking legal representation is crucial for protecting your rights and building a strong defense. An experienced attorney can provide guidance, explore potential defenses, and work towards the best possible outcome for your case.

At Hancock Law Firm, PLLC, we have extensive experience in handling marijuana possession cases in North Carolina. Our team is dedicated to providing personalized legal support, ensuring that you understand your rights and options. If you or a loved one is facing marijuana possession charges, contact us today for a confidential consultation and take the first step towards safeguarding your future.

Drug issues are running rampant in today’s current landscape. But people would not be able to obtain drugs without the existence of drug trafficking. Drug trafficking includes either the transport or sale of controlled substances to others. Drug trafficking is a more serious offense than drug possession since it impacts many more lives. Therefore, the penalties associated with it are much more serious as well. 

While North Carolina usually requires its judges to comply with mandatory sentencing rules for drug trafficking, there is a new law that may change that depending upon the circumstances. The newly enacted First Step Act allows for a judge to depart from the rules in some cases. So, when exactly does the First Step Act apply? Here’s what to know.

The Circumstances of the Case

The circumstances of each case impact whether the First Step Act can apply to a drug trafficking case. The first requirement for the First Step Act to apply is that the accused must accept responsibility for his or her actions. Additionally, he or she must not have used a dangerous weapon or another type of violence when carrying out the alleged drug trafficking. 

The Criminal History of the Alleged Trafficker

The next thing taken into consideration is the criminal history of the alleged trafficker. The individual who is charged cannot have any previous felony convictions – otherwise, the First Step Act cannot apply. While this includes prior drug charges, it also includes any other felonies. If there is any evidence that the accused was previously involved in either using violence to commit a crime or engaging in the manufacture, transport, delivery, or sale of a controlled substance, the First Step Act cannot apply. 

The Amount of the Controlled Substances

The next factor in determining whether the First Step Act can apply is the amount of the controlled substances involved. The amount of the controlled substance in the accused’s possession must fall within the lowest category for trafficking that type of substance. 

If the court finds that the First Step Act can apply, the individual who is accused may be able to receive limits on their sentence should they be convicted.

The Attorneys at Hancock Law Firm, PLLC Help Those in North Carolina Who Have Been Charged with a Crime

It can be incredibly scary to be arrested, and even more frightening to learn that you are going to be prosecuted under the criminal justice system. Not only the outcome of the case, but the experience itself can have a major impact on your life. That is why it is in your best interest to consult with a knowledgeable and experienced criminal defense attorney as soon as possible. 

At Hancock Law Firm, PLLC, we fully understand what is at stake and will do everything that we can to help you to fight these charges and obtain the best possible outcome. To learn more or to schedule a free consultation, contact us today!

When you have been charged with the trafficking of drugs, it can feel hopeless and terrifying. You may feel that there is nothing you can do. However, that is not necessarily the case. 

Those who possess a scheduled controlled substance or a narcotic could find themselves up against a drug trafficking charge. However, it is the amount of the drug that determines whether your possession of the drug can be considered trafficking. 

Intention is Irrelevant

What is important to keep in mind is that your intention is irrelevant. It does not matter if you obtained a large amount of drugs to use by yourself. If you have over a certain amount of drugs in your possession you can still be charged with drug trafficking.

You may be charged with drug trafficking if you possess:

• 10 lbs. of marijuana
• 100 pills of LSD or Ecstasy
• 4 gm of morphine, opioids, or heroin
• 28 gm of powder or crack cocaine

Harsh Consequences

If you are found guilty of drug trafficking, you may face a variety of serious consequences such as long jail sentences (beginning at 25-30 months), hefty fines, or the forfeiture of assets. If you are accused of violating federal drug trafficking laws, you may invoke federal sentencing guidelines. 

When you have been charged with drug trafficking you may also find yourself charged with other crimes as well. If the drugs in your possession are found packaged in a way that lends itself to looking like they are being sold, someone may also be charged with possession with intent to distribute or intent to sell or deliver. 

This can be extremely serious, as when you are being accused and assessed for multiple charges, it may increase the likelihood that you will be convicted. The circumstances often dictate whether you should obtain a plea bargain or take the case to trial. An attorney can help you to weigh these options. 

Hancock Law Firm, PLLC Helps Those in North Carolina Who Have Been Charged with a Crime

A conviction for drug trafficking can have a severe and long-lasting impact on your life. From finding a place to live to securing a job position, it can prove difficult with such a conviction on your record. It can also impact your ability to get to and from work and make money. That is why it is in your best interest to consult with a knowledgeable and experienced criminal defense attorney as soon as possible. 

A qualified criminal defense attorney has experience with fighting these types of charges and can help you to navigate the criminal justice system. 

At Hancock Law Firm, PLLC, we fully understand what is at stake and will do everything that we can to help you fight these charges. To learn more or to schedule a free consultation, contact us today!

More and more states have begun legalizing the use of both medical and recreational marijuana. Subsequently, law enforcement has increasingly concerned itself with discovering new ways to identify any drivers who may be under the influence of and impaired by marijuana and specifically the psychoactive ingredient in it, tetrahydrocannabinol (THC).

Detecting THC in the Body

While several tests have been implemented to discover the level of an individual’s intoxication, THC has only been able to be detected through a sample of someone’s blood or urine. Luckily, researchers at The University of Pittsburgh are now in the process of developing a new way to detect THC on a driver’s breath. 

This new THC Breathalyzer, though still in its developmental phase, brings much hope to law enforcement and prosecutors that they will soon be able to identify those driving under the influence of marijuana and THC products. 

How Does the THC Breathalyzer Work?

The marijuana Breathalyzer uses microscopic carbon nanotubes in order to measure the number of THC molecules in the breath. When a driver breathes into the Breathalyzer, the THC molecules, which change their electrical properties, bind to the surface of the nanotubes. This changes how quickly the electrical currents are able to determine whether there is THC present in the individual’s breath. 

The Concern of Accuracy 

Since these devices are brand new, there is concern regarding the accuracy of this testing and therefore how it could result in issues for law enforcement officers administrating them. 

Since marijuana stays in an individual’s system much longer than alcohol, it can prove very difficult to determine whether or not someone is showing THC from the time that they were behind the wheel, or whether they were under the influence up to a month ago. 

Additionally, since THC is stored in fat cells and people have a variety of body types and compositions, it can make it more difficult for states to determine what is considered the legal limit for it and thus what constitutes impairment under the law. 

Joel Hancock at Hancock Law Firm, PLLC Helps Those in North Carolina Who Have Been Charged with Driving Under the Influence

A conviction for driving under the influence of drugs or alcohol can have a severe and long-lasting impact on your life. From finding a place to live to securing a job position, it can prove difficult with such a conviction on your record. It can also impact your right to drive, and subsequently your ability to get to and from work and make money. That’s why it is in your best interest to consult with a knowledgeable and experienced criminal defense attorney as soon as possible. 

At Hancock Law Firm, PLLC, we fully understand what is at stake and will do everything that we can to help you fight these charges. To learn more or to schedule a free consultation, contact us today!

Unfortunately, addiction is a reality for millions across the United States, with varying drugs gaining popularity. Recently, opioids are greatly impacting many residents of North Carolina. 

Opioids differ from a lot of drugs in that unlike others that are illegal, opioid addiction usually begins because a doctor prescribes an opium-based medication. Although there are now less addictive options, many of those who have been prescribed them already are fighting a big battle. 

In fact, since 1997, more than 400,000 people have died in the U.S. due to opioids. According to the North Carolina Department of Health and Human Services (NCDHHS), from 1999 to 2016, more than 12,000 North Carolina residents died from opioid-related overdoses. 

The NIH’s National Institute on Drug Abuse has reported that the greatest increase in deaths were those involving synthetic opioids besides methadone (mostly fentanyl).

In 2017 (the most recent data available), there were 1,953 overdose deaths, an average of 19.8 deaths per 100,000 people in the state of North Carolina. This may not seem like a lot, but when you consider the fact that the national average is 14.6 deaths per 100,000 people it is quite substantial. However, this isn’t too surprising considering that in 2017 opioids in North Carolina were prescribed at a rate of almost 13 percent higher than that of the national average. 

Investigations Help to Hold Large Corporations Accountable

Now that it has been brought to light, these higher rates of opioid prescriptions are considered a red flag for regulators when it comes to looking at big pharma companies and their abuses. As a means for keeping things in check, under the Controlled Substances Act companies are obligated to report any unusually large shipments of opioid medications. 

These investigations have proven effective. For example, some previous investigations found numerous unreported shipments of opioid medications. In West Virginia, a town of just 400 people was shipped 3,7 million hydrocodone pills over the course of only three years. 

By conducting these investigations, it is helping to hold companies accountable for their part in the opioid crisis. Unfortunately, addiction is often the catalyst for criminal drug charges – even those unrelated to drugs. Although addiction is a very serious disease, there is help available to anyone who is struggling if they seek help. 

The Attorneys at Hancock Law Firm, PLLC Help Those in North Carolina Who Have Been Charged with a Crime

Drug addiction is a serious problem, but one that is still criminalized. A drug conviction can have severe and long-lasting effects on your life. That’s why it is in your best interest to consult with a knowledgeable and experienced criminal defense attorney. At Hancock Law Firm, PLLC, we fully understand what is at stake and will do everything that we can to help you fight your charge. To learn more or to schedule a free consultation, contact us today!

Over the past decade, residents of North Carolina have experienced opioid misuse, addiction, and ultimately double the number of overdoses. Opioids, also known as opiates, include not only illicit drugs such as heroin and fentanyl, but also prescription pain medication including things like morphine, Vicodin, oxycodone, and Tylenol with codeine. Regardless of the drug’s legal status, all opioids affect the brain and the body the same way and are turning too many lives upside down. 

How Do Opioids Work?

Opioids work by targeting nerve cells in the brain and body and activating their receptors. Opioids can serve to reduce pain, but can also become addictive and lead to accidental overdose and death. As many as one in four patients receiving long-term opioid therapy in a primary care setting is struggling with opioid addiction. People often turn to opioids to deal with various emotional issues. They can provide a feeling of euphoria, which keeps people taking more. 

After using opioids over a long period, people can develop a level of tolerance for them and will, therefore, require a larger quantity of opioids to achieve the same feeling. Additionally, the symptoms of withdrawal can be too much to bear, so people continue taking the drug to avoid them. 

Since people will eventually require more and more drugs to achieve the same effects, they will often turn to illicit street drugs such as heroin, as they are much cheaper than prescription medication, and do not require sign off of a doctor (as they are illegal). 

A Harsh Reality

Sadly, as of 2014, two million Americans either used more opioids than prescribed or were dependent upon them and from 2002 to 2017, the number of opioid overdoses quadrupled. In 2017, 66 percent of overdose deaths occurred with males. Unfortunately, many opioid deaths are now caused by heroin that is laced with fentanyl, a synthetic opioid. Not only is heroin cheaper to produce, but also it is 50 to 100 times stronger than morphine. 

What Can You Do?

It is important to be aware of the risk factors for prescription opioid abuse and addiction. They include:

• Taking high dosages 
• Having a mental illness
• Having a history of alcohol or other substance abuse
• Obtaining more than one prescription from more than one provider or pharmacy

Also remember that prescription opioid overdose deaths often result when used in tandem with alcohol and benzodiazepines, so avoiding both while taking prescription opioids is best practice. 

The Attorneys at Hancock Law, PLLC Help Those in NC Who Have Been Charged with a Felony

Opioid addiction can be extremely serious and requires medical help. If you or a loved one is suffering from opioid addiction, there are many resources to which you can turn. You can leverage SAMHSA’s National Helpline (1-800-662-HELP (4357)) or the National Drug Helpline at 1-888-633-3239. Be sure to get the help you need and deserve.

At the Hancock Law Firm, PLLC, we understand the severity of addiction and wish to help our clients get better. That is why if you or a loved one has been charged with a drug crime, we can help. To learn more or to schedule a free consultation, call Hancock Law Firm, PLLC at 262-221-3047 today!