Trafficking in Opium or Heroin by Transportation
North Carolina State Criminal Offense
Drug trafficking is the most serious drug offense under North Carolina law. Drug trafficking is also a federal crime, but this page discusses the offense as it exists under State law. Possession of any controlled substance (“drug”) under North Carolina law may become a drug trafficking offense if an excessive amount is possessed and, in the case of this specific offense, transported.
Trafficking in Opium or Heroin by Transportation is a felony crime under North Carolina General Statute § 90-95(h)(4). Trafficking is the unlawful sale, manufacture, delivery, transportation, or possession of opium or heroin in an amount that triggers the application of the trafficking statute. The punishment for Trafficking in Opium or Heroin by Transportation in North Carolina depends upon the amount Transported by the defendant. If the quantity of such controlled substance or mixture involved:
Is four grams or more but less than 14 grams, such person shall be punished as a Class F felon and shall be sentenced to a minimum term of 70 months and a maximum term of 93 months in the State’s prison and shall be fined not less than fifty thousand dollars ($50,000.00);
Is 14 grams or more, but less than 28 grams, such person shall be punished as a Class E felon and shall be sentenced to a minimum term of 90 months and a maximum term of 120 months in the State’s prison and shall be fined not less than one hundred thousand dollars ($100,000.00);
Is 28 grams or more, such person shall be punished as a Class C felon and shall be sentenced to a minimum term of 225 months and a maximum term of 282 months in the State’s prison and shall be fined not less than five hundred thousand dollars ($500,000.00).
In the case of a defendant who has been charged with Trafficking in Opium or Heroin by Transportation, which is the unlawful transportation of opium or heroin in an amount listed above, the State must prove two things beyond a reasonable doubt. These things are called “elements” of the crime and must both be proven by the State at the trial of the case beyond a reasonable doubt. These things are:
(1) First, that the defendant knowingly transported opium or heroin from one place to another.
(2) And Second, that the amount of opium or heroin which the defendant transported was an amount that is covered by the trafficking statute as stated above. The amount that was unlawfully transported must be proven beyond a reasonable doubt. The State typically offers proof of this by the testimony of an employee of the State Crime Laboratory who examined the substance and found it to be opium or heroin in accordance with proper scientific testing and the introduction of the laboratory report into evidence at trial.
As to the second element, the State is not required to prove that the defendant had knowledge of the weight or amount of the opium or heroin the defendant knowingly transported, only that the defendant knowingly transported the controlled substance.
Where the State may seek to establish the exact amount of the controlled substance involved, this exact amount may be alleged and the judge may instruct the jury that this exact amount must be proven beyond a reasonable doubt. Where the exact amount is at issue, the judge may instruct on the appropriate range of amounts under the statute.
At trial, if the jury finds from the evidence beyond a reasonable doubt that on or about the alleged date the defendant knowingly transported opium or heroin from one place to another and that the amount which the defendant transported was in an amount covered by the trafficking statute listed above, then it would be the duty of the jury to return a verdict of guilty. If the jury does not so find or has reasonable doubt as to one or both of these things, then it would be the jury’s duty to return a verdict of not guilty.
If you have been charged with Trafficking in Opium or Heroin by Transportation in North Carolina, then you need experienced legal representation to defend you in court. With minimum prison terms of 70, 90, or 225 months, you need a lawyer who has extensive experience handling drug trafficking cases, both before trial in plea negotiations and, if a satisfactory result cannot be reached, in a trial by jury. Attorney Garland Byers is a former police officer, former Assistant District Attorney, and has successfully investigated, prosecuted, and defended, drug trafficking cases in North Carolina Superior Court.
One thing you need to know: you have options. There are very effective defenses to this charge. Each case is, of course, different and the facts of your case are totally unique. Regardless, there are things that can be done to maximize your chances of obtaining a favorable result. But these things must be done early on in your case in order to put your case on the best possible footing.
As to the complexities of drug trafficking crimes, these cases typically involve intensive criminal investigations, sometimes by multiple law enforcement agencies and sometimes across multiple jurisdictions and are likely to generate extensive and voluminous reports and other evidence, all of which must be reviewed and evaluated in order to properly defend and advise you. To further complicate the situation, there are likely to be confidential informants and search and seizure issues in these cases which can provide you with prime defenses which can mean the difference between success and failure in obtaining a favorable result in your case.
Whether you want to plead guilty to a lesser offense, to take the case to trial, or you aren’t sure what to do, you should retain an experienced criminal defense lawyer to advise you immediately. Please give the law office of Garland Byers a call and have a consultation about your specific case. If you are a friend or family member reading this because your loved one is in jail, you can make the call on your friend or family member’s behalf to begin the process of turning the ship around.
Any lawyer with a valid law license can represent you. The challenge is to find the right lawyer with the right skills and the right experience for your specific case. Give us a call and let’s see if we are a good fit to guide you through these dangerous legal times. The choice of a lawyer is of critical importance. Make the right one.
Call the Byers Law Firm today.
Rev. 10/3/23
Trafficking in Opium or Heroin by Selling
North Carolina State Criminal Offense
Drug trafficking is the most serious drug offense under North Carolina law. Drug trafficking is also a federal crime, but this page discusses the offense as it exists under State law. Possession of any controlled substance (“drug”) under North Carolina law may become a drug trafficking offense if an excessive amount is possessed.
Trafficking in Opium or Heroin is a felony crime under North Carolina General Statute § 90-95(h)(4). Trafficking is the unlawful sale, manufacture, delivery, transportation, or possession of opium or heroin in an amount that triggers the application of the trafficking statute. The punishment for Trafficking in Opium or Heroin in North Carolina depends upon the amount possessed by the defendant. If the quantity of such controlled substance or mixture involved:
Is four grams or more but less than 14 grams, such person shall be punished as a Class F felon and shall be sentenced to a minimum term of 70 months and a maximum term of 93 months in the State’s prison and shall be fined not less than fifty thousand dollars ($50,000.00);
Is 14 grams or more, but less than 28 grams, such person shall be punished as a Class E felon and shall be sentenced to a minimum term of 90 months and a maximum term of 120 months in the State’s prison and shall be fined not less than one hundred thousand dollars ($100,000.00);
Is 28 grams or more, such person shall be punished as a Class C felon and shall be sentenced to a minimum term of 225 months and a maximum term of 282 months in the State’s prison and shall be fined not less than five hundred thousand dollars ($500,000.00).
For a defendant to be found guilty of Trafficking in Opium or Heroin by Sale, the State must prove two things beyond a reasonable doubt. These things are called “elements” of the crime and must both be proven by the State at the trial of the case beyond a reasonable doubt. These things are:
(1) First, that the defendant knowingly sold opium or heroin to another person.
(2) And second, that the amount of opium or heroin which the defendant sold was an amount that is covered by the trafficking statute as stated above. The State typically offers proof of this by the testimony of an employee of the State Crime Laboratory who examined the substance and found it to be opium or heroin in accordance with proper scientific testing and the introduction of the laboratory report into evidence at trial.
As to the second element, the State is not required to prove that the defendant had knowledge of the weight or amount of the opium or heroin the defendant knowingly possessed, only that the defendant knowingly possessed the controlled substance.
Where the State may seek to establish the exact amount of the controlled substance involved, the judge may instruct the jury as to the specific amount. Where the exact amount is at issue, the judge may instruct on the appropriate range of amounts under the statute.
At trial, if the jury finds from the evidence beyond a reasonable doubt that on or about the alleged date the defendant knowingly sold opium or heroin to another person and that the amount he sold was in an amount covered by the trafficking statute listed above, then it would be the duty of the jury to return a verdict of guilty. If the jury does not so find or has reasonable doubt as to one or both of these things, then it would be the jury’s duty to return a verdict of not guilty.
If you have been charged with Trafficking in Opium or Heroin by Sale in North Carolina, then you need experienced legal representation to defend you in court. With minimum prison terms of 70, 90, or 225 months, you need a lawyer who has extensive experience handling drug trafficking cases, both before trial in plea negotiations and, if a satisfactory result cannot be reached, in a trial by jury. Attorney Garland Byers is a former police officer, former Assistant District Attorney, and has successfully investigated, prosecuted, and defended, drug trafficking cases in North Carolina Superior Court.
One thing you need to know: you have options. There are very effective defenses to this charge. Each case is, of course, different and the facts of your case are totally unique. Regardless, there are things that can be done to maximize your chances of obtaining a favorable result. But these things must be done early on in your case in order to put your case on the best possible footing. One thing to be aware of is that the longer a heavy drug case remains pending in State Court, the odds of the federal government taking the case and federal charges being brought against you increase. Obviously, the punishments for drug trafficking is much different in federal court. Suffice to say, it would severely complicate your legal situation.
As to the complexities of drug trafficking crimes, these cases typically involve intensive criminal investigations, sometimes by multiple law enforcement agencies and sometimes across multiple jurisdictions and are likely to generate extensive and voluminous reports and other evidence, all of which must be reviewed and evaluated in order to properly defend and advise you. To further complicate the situation, there are likely to be confidential informants and search and seizure issues in these cases which can provide you with prime defenses which can mean the difference between success and failure in obtaining a favorable result in your case.
Whether you want to plead guilty to a lesser offense, to take the case to trial, or you aren’t sure what to do, you should retain an experienced criminal defense lawyer to advise you immediately. Please give the law office of Garland Byers a call and have a consultation about your specific case. If you are a friend or family member reading this because your loved one is in jail, you can make the call on your friend or family member’s behalf to begin the process of turning the ship around.
Any lawyer with a valid law license can represent you. The challenge is to find the right lawyer with the right skills and the right experience for your specific case. Give us a call and let’s see if we are a good fit to guide you through these dangerous legal times. The choice of a lawyer is of critical importance. Make the right one.
Call the Byers Law Firm today.
Rev. 10/3/23
Unreasonable Search of Home
Federal Civil Rights Statute – 42 U.S.C. §1983
Lawsuit in State Court for Violations Under Color of State Law
A law enforcement officer may violate a person’s constitutional rights by conducting an unreasonable search of the plaintiff’s home, which may be a house, apartment, or other place used as a home. When this happens, each officer involved in the search participates in the violation of the person’s rights, as well as the agency or agencies who employ those officers.
In such a case, the officers involved (in this article, a single officer will be used for clarity) may be sued in either State or federal court under the federal Civil Rights Act for violating the plaintiff’s right against unreasonable search and seizure. This article focuses on what must be proven if the action is brought in North Carolina State Court.
The issue to be decided by the jury at trial is, “Did the defendant violate the plaintiff’s constitutional rights by conducting an unreasonable search of the plaintiff’s home?”
On this issue, the burden of proof is on the plaintiff. This means that the plaintiff must prove, by the greater weight of the evidence, three things:
(1) First, that the defendant acted under color of State law. An official acts under color of State law if he acts within the limits of lawful authority or if, while purporting to act in the performance of his official duties, he exceeds lawful authority. On the other hand, an official who does not use State authority and acts for purely private purposes does not act under color of State law.
(2) Second, that the defendant deprived the plaintiff of his Fourth Amendment constitutional right to be free from an unreasonable search.
Ordinarily, a law enforcement officer must obtain a warrant before conducting a search of a home. However, there are certain exceptions to this requirement, including consent and exigent circumstances. When a person in lawful possession of a home freely and voluntarily consents to a search, law enforcement officers may reasonably and lawfully conduct a search consistent in scope with the consent given. Exigent circumstances exist when a law enforcement officer has a reasonable belief that there is an imminent threat of danger to himself or others or that occupants will attempt to escape or destroy evidence.
(3) And Third, that the unreasonable search was a proximate cause of the injury or damage sustained by the plaintiff.
A proximate cause is a cause which in a natural and continuous sequence produces a person’s injury or damage, and is a cause which a reasonable and prudent person could have foreseen would probably produce such injury or damage or some similar injurious result.
There may be more than one proximate cause of an injury or damage. Therefore, the plaintiff need not prove that the defendant’s conduct was the sole proximate cause of the injury or damage. The Plaintiff must prove, by the greater weight of the evidence, only that the defendant’s conduct was a proximate cause.
The jury will be instructed by the presiding judge that if the jury finds, by the greater weight of the evidence, that the defendant, acting under color of State law, conducted an unreasonable search of the plaintiff’s home, and that the unreasonable search was a proximate cause of the plaintiff’s injury or damage, then it would be the duty of the jury to answer “Yes” in favor of the plaintiff. If, on the other hand, the jury fails to so find, then it would be the duty of the jury to answer “No” in favor of the defendant.
Several issues may arise in these situations which could be beneficial for a plaintiff. For instance, consent to search may be limited or withdrawn; the authority to consent does not automatically extend to every discrete, enclosed space; and whether the consent was freely and voluntarily given. Further, what circumstances which would constitute “exigent circumstances” vary widely.
These are very complex issues that are best analyzed by skilled legal counsel. What is important is that, if you have a situation you believe may be “actionable” (may give rise to a lawsuit for excessive force in an arrest, battery, or any other type of civil wrong or claim), then you should seek the advice of an attorney without delay.
Call the Byers Law Office today.
Rev. 10/03/23.