Drug possession is considered a federal crime in the United States, and North Carolina is no exception. The consequences of being convicted of drug possession can be life-changing and devastating. Therefore, it is essential to understand your rights, the steps you can take after being arrested for drug possession in North Carolina, and how a reliable company for bail bonds in Greensboro, NC can help you!
A brief overview
Drug possession refers to the act of having control or ownership of a controlled substance, such as heroin, cocaine, marijuana, methamphetamine, prescription drugs, or party drugs, without lawful authority. In North Carolina, drug possession is a serious offense that can lead to significant jail time, fines, and a criminal record. According to the National Institute on Drug Abuse (NIDA), approximately 1.9 million people in the United States were arrested for drug offenses in 2018, with over 80% of these arrests being for drug possession.
Call out your Fourth Amendment Rights
One of the first things to consider after a drug possession arrest is your Fourth Amendment rights. The Fourth Amendment protects individuals from unreasonable searches and seizures. This means that police officers cannot search your person or vehicle without a warrant or probable cause. If you feel that your Fourth Amendment rights were violated during the arrest, you may be able to have your charges dismissed or reduced.
Difference between Active and Constructive Possession:
Another crucial aspect to consider after a drug possession arrest is the difference between active and constructive possession. Active possession refers to having physical control of the drug, such as carrying it in a bag, purse, or pocket. Constructive possession, on the other hand, refers to a situation where you did not have physical control of the drug at the time of the arrest but were still charged with drug possession. An example of constructive possession would be if drugs were found in your vehicle or home but not on your person. In either case, to be convicted of drug possession, the prosecution must prove that you had knowledge of the drugs and intended to control them.
Unwitting Possession Defense:
If you can prove that you did not know the drugs were in your possession, you may be able to use the “unwitting possession” defense. This defense is based on the idea that you did not know the drugs were present and therefore did not intend to possess them. For example, if you borrowed a friend’s vehicle and were unaware that they had drugs in the glove compartment, you may be able to convince the court that you did not commit a crime.
Get out of jail with the help of professional bail bondsmen
Getting out of jail as soon as possible is essential after a drug possession arrest. You can do this by obtaining a bail bond. A bail bond is a type of insurance policy that guarantees the defendant will appear in court for all required hearings. A trustworthy firm for bail bonds can help you to be released from jail until your court date, giving you time to prepare your case and avoid the stress and discomfort of jail. Undoubtedly, it is imperative to seek the help of an experienced attorney as soon as possible after a drug possession arrest, but along with legal representation, you would also need the aid of professional bail bondsmen to get out of prison as soon as possible.