Client Faces 225 to 279 Month Mandatory Minimum Sentence if Convicted; Pleads to Lesser Charge for 70 Months Minimum
State v. L.
00068
The Charges
The client was charged with Trafficking in Opium or Heroin by possessing 28 or more grams of Fentanyl, an opiate, as well as Felony Maintaining a Place to Keep Controlled Substances.
The Client’s Possible Sentence
Drug Trafficking offenses are punished outside of the normal sentencing statutes and are punished according to special rules specific to drug trafficking crimes. In drug trafficking offenses, there is no probation and all sentences are active imprisonment.
Based upon the amount of Fentanyl involved, upon conviction, the client faced a mandatory sentence of 225 months to 279 months in the Department of Adult Corrections. This is the maximum amount of imprisonment for any drug trafficking offense under North Carolina Law. In addition to imprisonment, the client faced a mandatory fine of $500,000.00, which is, again, the maximum fine for any drug trafficking offense under North Carolina Law.
In addition, the client was charged with Felony Maintaining a Place to Keep Controlled Substances, a Class I Felony, but was a Level I for felony sentencing purposes, meaning that the client could only receive a probationary sentence for this offense based upon his lack of a criminal record. For this client, the primary concern was the Trafficking charge which was totally maxed out.
This case was complicated because the client gave a full confession to law enforcement investigators after his arrest and the seizure of the controlled substances.
Results Obtained
Mr. Byers negotiated an agreement with the District Attorney which allowed the client to plead guilty to a lesser drug trafficking offense and which reduced the client’s prison time considerably.
Under the terms of the plea, the State dismissed the charge of Felony Maintaining a Place to Keep Controlled Substances. The client pleaded guilty to Trafficking in Opium or Heroin to the reduced Class F level and received a 70-84 month active sentence in the Department of Adult Corrections.
The plea agreement negotiated by Mr. Byers saved the client an additional 155 months, minimum, of imprisonment which is 12.9 years of the client’s life.
PLEASE NOTE: Each case is different and must be evaluated on its particular and unique facts. Prior results do not guarantee any future outcome.
Updated: Jan 14, 2024
Drug Trafficking Charge with Mandatory Active Sentence Results in Pre-Trial Diversion and Probation, with Possible Dismissal
State v. L.
00118
THE CHARGES
The client was charged with Trafficking in Cocaine (28-199 grams), Felony Possession of a Schedule II Controlled Substance (2 counts), Speeding, Failure to Appear on a Misdemeanor, Misdemeanor Possession of a Schedule VI Controlled Substance, Misdemeanor Possession of Drug Paraphernalia, and Driving While Impaired.
POTENTIAL SENTENCE BASED ON CRIMINAL HISTORY
Trafficking in Cocaine (28-199 grams) - Class G Felony:
35-month mandatory minimum active sentence up to a maximum of 55 months active in the N.C. Department of Adult Corrections, plus a fine of not less than $50,000
The Additional Charges:
The client had no prior criminal record and the remaining charges were punishable primarily by supervised probation. The main concern was the Trafficking charge with its 3-year mandatory minimum period of imprisonment.
RESULTS OBTAINED
Despite the fact that alleged drug trafficking could be a disqualifying factor for a 90-96 discharge, a plea agreement was reached with the State which allowed the client to plead guilty to Felony Possession of a Schedule II Controlled Substance pursuant to North Carolina General Statute 90-96. In a “90-96 plea,” the court does not accept the guilty plea of the defendant and places the defendant on probation for a period of time and under terms which are in the court’s discretion. If the defendant does everything required of him/her on probation, then when the defendant returns to court at the next court date, the court strikes the plea and dismisses the charges against the defendant.
In this case, the defendant also pleaded guilty to Driving While Impaired with no agreement with the State (as plea agreements in DWI cases are not allowed in North Carolina) and was placed by the court on probation.
PLEASE NOTE: Each case is different and must be evaluated on its particular and unique facts. Prior results do not guarantee any future outcome.
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