The “I Was Carrying It for Someone Else” Defense to Drug Charges in North Carolina
Drug traffickers often use innocent people to transport their substances, sometimes without them knowing. The use of these “drug mules” is something that law enforcement is extremely familiar with. On the other hand, officials might be wary about the legitimacy of the “I was carrying it for someone else” excuse. Does this defense strategy actually hold up in court? If you’re asking yourself this question, you should probably schedule a consultation with a criminal defense attorney in North Carolina.
Do Not Speak With Law Enforcement After Your Arrest
Although it might seem tempting to come up with some kind of excuse after or during your drug arrest, it’s best to remain silent in this situation. If you tell an officer that you were holding the drugs for someone else, they could use this against you in court at a later date. After your arrest, you might decide that a different defense strategy makes sense. For best results, consider remaining silent, exercising your Fifth Amendment rights, and speaking with a lawyer to determine the right approach.
Intent Is an Important Element of Possession
Intent is an important element for drug possession charges in North Carolina. Prosecutors must establish that you were aware of the drug’s presence and knew that it was illegal. If you were not aware of a drug’s presence, you should not face criminal charges. For example, a drug trafficker might have slipped drugs into your pocket in order to avoid criminal consequences for themselves. If you’re left “holding the bag,” you could argue that you lacked intent.
On the other hand, you would still face charges even if you successfully establish that you were simply holding the drugs on someone else’s behalf. In this scenario, you would still be aware of the drug’s nature and its presence.
Consider a Plea Deal
Instead of trying to argue that you were holding the drugs for someone else, you might want to consider a plea deal. With this approach, you’ll plead guilty in exchange for a (hopefully) lighter sentence. If this is your first drug offense and you were caught with a relatively small quantity, you may avoid jail time. Drug diversion programs and alternative sentencing could be possible.
Alternative Defense Strategies
Lack of intent is only one potential defense strategy. You might also want to consider challenging the chain of custody for the drug sample. Another obvious strategy is to challenge the legitimacy and the legality of your traffic stop or search.
Can a North Carolina Drug Defense Attorney Help Me?
Although intent is an important element for drug possession charges, telling prosecutors that you were carrying drugs for someone else may not produce the best results. Instead of relying on this strategy, consider speaking with a drug crime defense attorney in North Carolina at The Pritchard Firm first. With their help, you may be able to choose a more effective defense strategy that addresses your unique situation.
Source:
ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_90/GS_90-94.html