In NC, if one is charged with drug trafficking, can he plead to a lesser quantity making the crime selling rather trafficking?

Asked 11 months ago - Raleigh, NC

In NC, if one is charged with drug trafficking, can he plead to a lesser quantity making the crime selling rather trafficking?

Attorney answers (5)

  1. Sarah Jessica Farber

    Contributor Level 14

    4

    Lawyers agree

    Answered . It is a possibility. It depends upon all of the circumstances of one's case. It would be a good goal in plea negotiations to avoid the mandatory minimums of trafficking, for instance, but some DAs aren't willing to back off of that, or sometimes the defendant's record is such that s/he has had a lot of reductions in the past and the DA or the court aren't inclined to do that with the current charge.

    This information is for educational purposes only and is not intended to form a client/lawyer relationship. You... more
  2. Ernest Clarke Dummit

    Contributor Level 13

    3

    Lawyers agree

    Answered . If the prosecutor reduces the charges, yes. But if the prosecutor does not reduce the charges, then no, the person must face the trafficking charge.

  3. Katrina Louise Smith

    Pro

    Contributor Level 12

    1

    Lawyer agrees

    Answered . It depends on the circumstances surrounding the offense and the prosecutor. I recommend consulting with an experienced criminal defense attorney about the specific facts and circumstances surrounding the offense to determine if a reduction is truly a viable option.

    Answering this question does not create an attorney-client relationship. You should seek a full consultation with... more
  4. Karl E. Knudsen

    Pro

    Contributor Level 9

    1

    Lawyer agrees

    Answered . The amount of drugs involved and the type of drug would have a lot of bearing on whether the DA might agree to accept a plea to something other than trafficking. fro example, the first level of trafficking in cocaine is 28 grams 199.9 grams. If a person had 28.1 grams, it would be barely within the trafficking range and the DA would be more likely to reduce than if the amount was 150 grams. Also prior record and whether the person was cooperative with the cops would also factor in. Lastly, if a person provides "substantial assistance" to law enforcement in the identification, arrest or conviction of other drug traffickers, then the court does not have to impose the otherwise mandatory active prison sentence which the trafficking statutes call for. You absolutely need to have an experienced criminal defense attorney help you through this.

  5. Lynn Norton-Ramirez

    Contributor Level 10

    1

    Lawyer agrees

    Answered . Trafficking is a very serious charge. It has its own sentencing structure. There are many factors which play into whether you can get a reduction: your prior criminal history, whether the DA needs cooperation and/or a witness for a co-defendant, the amount and details of the transaction. You must work with a private lawyer or a Public Defender. Don't even consider representing yourself. The defense attorney will be able to determine whether there is potential for a reduction.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

31,921 answers this week

3,285 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

31,921 answers this week

3,285 attorneys answering