Wake County Trial Experience Defending Cary Drug Charges
A drug charge in Cary carries consequences that reach well beyond the courtroom. Depending on the substance and the weight involved, you could face anything from a misdemeanor on your record to a felony trafficking charge with mandatory prison time. Floyd Law Offices PLLC represents Cary clients across the full range of drug offenses, from first-time possession to felony distribution and federal charges, bringing a trial record spanning thousands of Wake County cases to every defense we build.
Founding attorney Chris Floyd has handled thousands of criminal cases in Wake County courts and achieved not-guilty verdicts in matters ranging from misdemeanors to first-degree murder. That depth of courtroom experience shapes how we approach every drug case from day one.
If you’re facing a drug charge in Cary, don’t wait to act. Call us at (919) 805-3663 for a free, confidential case evaluation. The sooner we start, the more time we have to investigate and protect your rights.
Drug Charges We Defend in Cary
North Carolina drug law covers a wide range of conduct, and the charge you face determines the penalties in play. We defend Cary clients against all state and federal drug offenses, including:
Simple Possession: Unlawful possession of a controlled substance without a valid prescription, charged as a misdemeanor or felony depending on the substance schedule.
Possession with Intent to Sell or Deliver (PWISD): Charged when quantity, packaging, scales, or other circumstantial evidence suggests distribution intent, even without a witnessed sale.
Drug Trafficking: Triggered by weight thresholds under North Carolina law, not proof of a transaction. Trafficking carries mandatory minimum sentences regardless of prior record.
Distribution and Sale: Charges tied to the transfer of a controlled substance, with penalties that escalate based on substance schedule.
Manufacturing and Cultivation: Applies to producing or growing controlled substances, including marijuana cultivation and synthesis of other illegal drugs.
Prescription Fraud: Unauthorized possession or distribution of prescription medications, including obtaining controlled substances through deception.
Paraphernalia Charges: Possession of equipment associated with drug use or distribution.
Federal Drug Charges: Cases investigated by federal agencies or involving conduct crossing state lines are prosecuted by the Eastern District of North Carolina US Attorney’s Office and carry distinct sentencing rules.
How We Defend Cary Drug Cases
We don’t build a defense from the police report alone. Our team conducts an independent investigation into every case, looking for weaknesses in the prosecution’s evidence before negotiations begin. That means scrutinizing the legality of the stop or search under the Fourth Amendment, contesting chain-of-custody issues with physical evidence, and challenging the weight calculations that can push a possession charge into trafficking territory.
When evidence was obtained unlawfully, a motion to suppress can remove it from the prosecution’s case. Chris Floyd uses pre-trial motions aggressively to protect clients’ constitutional rights and reshape the landscape before any plea discussion takes place.
Every defense strategy we develop is tailored to the specific facts and the client’s goals. For some clients, that means pursuing dismissal or a not-guilty verdict at trial. For others, it means negotiating a reduced charge, alternative sentencing, or drug court diversion where the client qualifies. We cover every option and give you a straightforward assessment so you can make an informed decision.
Why Cary Clients Choose Floyd Law Offices PLLC
Chris Floyd is a career criminal defense attorney who has dedicated his practice to representing individuals from all walks of life against the power of the state. He has been named both a Rising Star and a Super Lawyer by Super Lawyers and recognized as a Top Attorney by The National Trial Lawyers. Floyd Law Offices PLLC has been consistently ranked among Three Best Rated for criminal defense and Raleigh’s Best every year from 2022 through 2025.
Our direct communication policy means you’re not left guessing about where your case stands. We keep clients informed of their rights and options at every stage, from the initial investigation through sentencing. We also offer free and confidential initial case evaluations and flexible payment plans because access to strong criminal defense shouldn’t depend on your financial situation.
Talk to a Cary Drug Crimes Attorney Today
The earlier we get involved, the more time we have to investigate, file suppression motions before deadlines pass, and build a strong defense. Our Wake County trial record is ready to work for you.
Call (919) 805-3663 or reach us through our online contact form to schedule your free, confidential consultation with Floyd Law Offices PLLC.
North Carolina Drug Charge Classifications & Penalties
North Carolina classifies controlled substances in Schedules I through VI under the NC Controlled Substances Act, Chapter 90, Article 5 of the NC General Statutes. Schedule I substances carry the highest abuse risk and strictest penalties. Schedule VI carries the lowest. Heroin is a Schedule I substance, fentanyl is classified as Schedule II under North Carolina law, and marijuana is Schedule VI.
Where a charge falls within that schedule system determines the penalties in play from the moment charges are filed:
Schedule I Possession: A Class I felony in North Carolina.
Schedule II, III, or IV Possession: Generally a Class 1 misdemeanor, though amounts above statutory thresholds escalate to felony charges.
Sale of a Schedule I or II Substance: A Class G felony.
Sale of a Schedule III, IV, V, or VI Substance: A Class H felony.
Manufacturing (Schedule I or II): A Class H felony.
Manufacturing (Schedule III through VI): A Class I felony.
Drug trafficking charges operate differently from every other offense on this list. Trafficking is determined solely by the total weight of the controlled substance found, not by proof of a sale or delivery, and sentences carry mandatory minimums that aren’t reduced by the defendant’s prior record level. That’s why weight calculations are often the central battleground in these cases.
For all other offenses, North Carolina’s structured sentencing system determines the final penalty range based on the felony or misdemeanor class, the defendant’s prior record level, and any aggravating or mitigating factors. State drug charges filed against Cary residents are prosecuted by the Wake County District Attorney’s Office. Misdemeanor charges are heard in District Court. Felony charges begin in District Court and may transfer to Superior Court at the Wake County Justice Center.
Collateral Consequences & Expungement Eligibility
A drug conviction creates a permanent criminal record that surfaces in background checks run by employers, landlords, and educational institutions. The impact often reaches further than clients expect at the time of sentencing. A conviction can affect eligibility for federal financial aid, professional licenses in regulated fields such as healthcare or law, and housing applications. The record doesn’t disappear when probation ends.
North Carolina’s expungement statute allows certain first-time drug offenses to be removed from a person’s record after completing probation or a qualifying diversion program, though eligibility depends on the charge type and the individual’s prior record. Some first-time offenders may also qualify for a conditional discharge or deferred prosecution agreement, which can result in dismissal of charges upon completing required conditions.
Floyd Law Offices PLLC assists clients with expungement petitions and looks beyond the immediate verdict to address the full impact a drug case can have on a client’s life. If you want to understand what expungement options may be available after your case resolves, ask during your consultation.
