This page was written, edited, reviewed & approved by Justin C. Olsinski following our comprehensive editorial guidelines. Justin C. Olsinski, the Founding Partner, has 16+ years of legal experience as an attorney.
A drug possession charge in Charlotte can have consequences that extend well beyond the criminal case itself. Even a misdemeanor conviction creates a permanent criminal record that can affect your job, your housing, your professional licenses, and in some cases, your immigration status. Felony possession charges carry the additional risk of prison time and the loss of civil rights, including the right to vote and possess firearms. At The Olsinski Law Firm, our Charlotte criminal defense attorneys represent clients facing drug possession charges in Mecklenburg County and the surrounding courts. We know how to challenge the evidence, navigate the court system, and work toward the best possible outcome for your specific case.
North Carolina classifies controlled substances into six schedules under N.C.G.S. Chapter 90. The drug schedule and the quantity possessed determine the severity of the charge. Possession of any Schedule I or II substance for personal use is typically a Class I felony. Possession of Schedule III, IV, or V substances is typically a Class 1 misdemeanor. Marijuana possession in quantities under 1.5 ounces is a Class 3 misdemeanor.
The term "possession" in North Carolina encompasses two types: actual possession, meaning the drug is on your person, and constructive possession, meaning the drug is in a place you have access to and control over, even if it is not physically on you. Constructive possession cases, particularly those involving a shared space or a vehicle with multiple occupants, are often among the most defensible because the prosecution must prove both knowledge and dominion and control beyond a reasonable doubt.
The Fourth Amendment to the U.S. Constitution and Article I, Section 20 of the North Carolina Constitution protect against unreasonable searches and seizures. If law enforcement searched your person, vehicle, or home without a lawful warrant, valid consent, or a recognized exception to the warrant requirement, the evidence seized may be suppressed. When the primary evidence in a drug possession case, the drugs themselves, is suppressed, the charge is typically dismissed.
When drugs are found in a shared space such as an apartment with multiple occupants or a car carrying multiple passengers, the prosecution must prove beyond a reasonable doubt that you specifically knew about the drugs and had the intent and ability to control them. This is a high burden in many factual circumstances, and our attorneys scrutinize the evidence closely to identify weaknesses in constructive possession arguments.
North Carolina's first-offender drug diversion statute, N.C.G.S. § 90-96, provides an important option for eligible defendants. Under § 90-96, a first-time offender charged with possession of a controlled substance may have the charge conditionally discharged, meaning the court does not formally enter a conviction, upon successful completion of probation and other court-ordered conditions. After completing the program, the defendant may petition for expungement of the arrest record. Not all charges are eligible, and prior criminal history affects eligibility.
Yes, under certain circumstances. North Carolina has expanded eligibility for expungement in recent years. A conditional discharge under § 90-96 can be followed by expungement upon successful completion. Certain nonviolent first-offense misdemeanor and felony convictions may also be eligible for expungement after a waiting period. An attorney can evaluate your specific charge and criminal history to advise whether expungement is available.
Possession with intent to sell or deliver (PWID) is a more serious charge than simple possession and is typically charged as a felony regardless of the drug schedule. Prosecutors may try to prove intent through circumstantial evidence, including the quantity of drugs found, the presence of packaging materials, scales, or large amounts of cash, and text messages indicating sales activity. An attorney can challenge whether the evidence actually supports the inference of intent to distribute rather than simple personal use.
No. You have a constitutional right to remain silent, and you should exercise it. Politely inform law enforcement that you are invoking your right to remain silent and that you want an attorney present before answering any questions. Anything you say can and will be used against you. Many drug cases are strengthened by statements the defendant made during the arrest or booking process. Call an attorney as soon as possible.
If you are facing a drug possession charge in Charlotte or Mecklenburg County, The Olsinski Law Firm will provide an honest evaluation of your case and fight aggressively for the best possible outcome. Call Charlotte at 704-405-2580 or Concord at 704-918-4747, or contact us online for a free consultation.
Mr. Olsinski founded his criminal defense practice in Charlotte, NC, in January 2010. He has successfully defended cases ranging from B1 Felony First Degree Sex Offenses/First Degree Murder to Misdemeanor marijuana charges.
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