Legal Question in Criminal Law in North Carolina

Thursday - I dropped by my dealers house to pick up some bud (1 gram) and left. Less than a half mile down the road, I noticed an undercover officer behind me, and thought to myself, "Play it cool, they can't stop you if you don't commit a driving infraction."

After being followed for a couple miles, my heart sunk as I saw the blue lights flashing. Again, I tell myself, "Play it cool", which I did. The officer comes up to my drivers side window and asks for my licence and registration, he also asks where I've been. I told him that I've been at school and was heading back home, he says "Ok". He then asks me if I have any contraband or weapons in the car, to which I replied, "No". He then asks me if I had a problem with him searching the vehicle, to which I replied, "I do not consent to a search".

After that, he headed to his vehicle (in the mean time, another officer had pulled in behind him and was talking on his cell phone, I figured he was calling the K9 to conduct a search). Quite a few minutes later he comes back and says "I know that's not the only place you've been today" and asks to search my vehicle again, again I refuse. He then informs me that he has the authority to conduct a brief search of the vehicle and asks me to step out of the car, to which I obliged. I state again that I refused a search, which didn't stop him. He finds the drugs hidden in a bag that he opened and promptly arrests me (I must state that I also had 15 Percocets in the same bag).

I go to the police station and they begin questioning me about my dealer and telling me that if I cooperate in a sting that my charges could possibly be dropped (after they talked to the DA), I said I would think about it (I really wasn't thinking about it, I just wanted to get the heck outta there).

I lawyered up yesterday and he said that he could get it down to where I only have to take a drug class and possible community service. He agreed that the search was unlawful and said, "It's my word vs. the officer's". He's charging me $1000 for the weed and percocet possession as well as the traffic offence, and another $500 for an expungement after court.

My question to you guys is, is there a better option? Should I fight it myself (due to the unlawful search)? Or take my attorney's advice and try to get the charges reduced? I know I screwed up, but I'm still frightened. I've worked too hard in school to have it messed up by a mistake.


Asked on 1/26/13, 12:52 pm

2 Answers from Attorneys
Kenneth Love Ken Love Law

You should follow your attorney's advice or if you do not agree...speak to another attorney. Handling this on your own will be very difficult. As the attorney said "your word against the officer's." The officer will be given great weight, especially since you were seen leaving a known dealer's home. If they really had a sting going on, they should have evidence to support seeing you there.

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Answered on 1/26/13, 3:05 pm

Attorneys are often refered to as 'attorney and counselor at law' because part of our duty to our clients is to counsel them in addition to giving legal advice. A good attorney should have counseled you that the manner in which you drafted your question indicates that you are fairy intelligent - too intelligent to have duped yourself into thinking this was a 'mistake'. You clearly chose to do what you did in full awareness of the possible consequences. If you man up and take full responsibility for your actions this will solve part of the issue. As to the rest of the issue I completely agree with Mr. Love.

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Answered on 1/26/13, 4:47 pm


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