Woman Sentenced to Eight Years for Smuggling Cocaine on Cruise Ship

Melina Roberge was traveling around the world, and documenting her extravagant lifestyle by posting pictures on Instagram. Her Instagram followers, however, probably had no idea that she was funding this lifestyle by smuggling cocaine.

Roberge was sentenced to eight years in prison on Wednesday after pleading guilty to smuggling 95 kilos of cocaine into Australia.

So what would have been the result if Roberge had been charged in North Carolina?  There are a number of North Carolina criminal laws related to the possession of cocaine, possession with intent to sell and deliver cocaine, sell and/or deliver cocaine, and trafficking cocaine.  The type of charge that a defendant will face is based upon the amount of cocaine and the circumstances surrounding the arrest and investigation.

In Roberge’s case, based upon the amount of cocaine, she would have likely been charged with trafficking cocaine.  Under North Carolina criminal law, criminal charges involving the possession of cocaine are distinguished in the following manner:

A charge involving 28–199 grams of cocaine will be charged as as Class G felony.
A charge involving 200–399 grams of cocaine will be charged as a class F felony.
A charge involving 400 or more grams of cocaine will be charged as a class Class D felony.

North Carolina felony drug charges have serious penalties and consequences.  If you are charged with a North Carolina drug crime in Winston-Salem such as possession with intent to sell or deliver cocaine (PWISD cocaine) or trafficking in cocaine in Forsyth County or one of the surrounding counties, you need to speak with a Forsyth County criminal defense attorney in Winston-Salem.  Please call our office at (336) 725-6559 for a free consultation with an experienced Winston-Salem criminal defense attorney with knowledge about drug charges to review your case and to discuss your options.

Be Careful What You Say…Your Words May Be a Crime

Former NFL offensive lineman Jonathan Martin made headlines a a few years ago when he accused several of his Miami Dolphins teammates of bullying him and creating a hostile work environment. He eventually left the team and has not played in the NFL since 2015.

Martin is now back in the news because he was recently charged with four felony counts of making criminal threats on social media against some of his former teammates and one misdemeanor count of carrying a loaded weapon. He has pleaded not guilty to these charges.

Martin was charged in California, and the maximum punishment that he is facing far exceeds the punishment he would receive in some of the other states. In California, depending on the allegations and circumstances, a prosecutor has the option of charging this offense as felony (maximum sentence up to 4 years) or a misdemeanor (maximum sentence up to 1 year).

So what type of crimes would Jonathan Martin face in North Carolina?  First of all, let’s address the threats he allegedly made online.  Our laws generally designate the crime of communicating threats as a class 1 misdemeanor. As a result, if Martin were charged with only  communicating threats in North Carolina, he would face a maximum sentence of 120 days.  However, because his threat involved a school, Martin’s alleged conduct could result in the class H felony of making false reports concerning mass violence on educational property.  What is interesting about this charge is that the State must prove that the report of mass violence was made, but also that the defendant knew or had reason to know the report was false.  The maximum penalty for a class H felony is 39 months in prison.

With respect to gun charges in North Carolina, North Carolina is an “open carry” state with some obvious limitations and restrictions.  Convicted felons may not carry a gun, and a violation will result in a charge of possession of a firearm by a felon, which is a class G felony and punishable up to 47 months in jail.  Likewise, even if it is lawful for a person to carry a gun, the gun may not be concealed without a concealed weapons permit.   A violation of that concealed weapons permit requirement will result in the charge of carrying a concealed weapon, which is a class 2 misdemeanor and punishable up to 60 days in jail.

Being charged with a North Carolina crime such as communicating threats, firearm by a felon, or carrying a concealed weapon can have serious consequences and penalties.   If you are charged with a North Carolina crime in Forsyth County or one of the surrounding counties (Davie, Davidson, Guilford, and Yadkin), you need to speak with a Forsyth County criminal defense attorney in Winston-Salem.  Please call our office at (336) 725-6559 for a free consultation with an experienced Winston-Salem criminal defense attorney with knowledge about North Carolina criminal charges to review your case and to discuss your options.

Former Asheville Police Officer Charged with Assault

In August 2017, former Asheville police officer Christopher Hickman encountered Johnnie Rush and later charged him with jaywalking and resisting a public officer. Hickman’s body camera subsequently revealed conduct which resulted in the former officer being removed from patrol duty. A review of that video also resulted in the Rush’s charges being dismissed. In January, Hickman resigned from the police department on the day he was going to be terminated. Yesterday, a warrant was issued against Hickman for criminal charges of assault by strangulation, assault inflicting serious injury, and communicating threats.

Assault by strangulation is a class H felony with a maximum penalty of 39 months in jail. Assault inflicting serious injury can be a misdemeanor or a felony charge depending on the severity of the injuries. The felony charge for this type of assault is a class F felony with a maximum penalty of 59 months in jail , while the misdemeanor charge for this type of assault is a class A1 misdemeanor with a maximum sentence of 150 days in jail. The charge of communicating threats is a class 1 misdemeanor with a maximum sentence of 120 days in jail.

If you are charged with criminal charges in Winston-Salem, Forsyth County, North Carolina or one of the surrounding counties, you need an experienced North Carolina criminal law attorney to handle your case.   An experienced Winston-Salem criminal defense lawyer, with experience in North Carolina criminal law, will guide you through this process to make sure that all of your rights are being protected and that all of your possible defenses are being asserted.  Please call us at (336) 725-6559 and schedule a free consultation with a Winston-Salem criminal attorney to assist you. Our office is located for your convenience in downtown Winston-Salem, North Carolina.

NEW OPIOID LAW IN NORTH CAROLINA

Over the past several years, there has been an increase in the number of criminal charges related to the abuse and illegal possession of opioid drugs such as hydrocodone and oxycodone.  Studies show that many young people who later used heroin had been previously using some form of opioid medication that is normally obtained by a prescription.   According to research done by the National Institute on Drug Abuse,  nearly 90 percent  of  young opioid drug users “had used opioid pain relievers nonmedically prior to using heroin, and their initiation into nonmedical use was characterized by three main sources of opioids: family, friends, or personal prescriptions.”

As a result, North Carolina has addressed this problem by passing a law that goes into effect on January 1, 2018.  Under the Stop Act, doctors are limited to prescribing five days’ worth of medication for people with acute injuries and seven days’ worth of medication for people who are recovering from a surgery.

Possession of Heroin, Oxycodone, and Hydrocodone are all class I felonies in North Carolina.  Although a class I felony is the lowest felony class in North Carolina, an individual charged with a class I felony is subject to a maximum penalty of 24 months in prison.  However, an active prison sentence for a class I felony is not mandatory, depending on the individuals’s prior criminal record.  In fact, based upon North Carolina’s felony sentencing guidelines, many individuals who are charged with Possession of Heroin, Oxycodone, and Hydrocodone are also eligible for some form of punishment that does not involve an active prison sentence.

If an individual is charged with Possession with Intent to Sell or Deliver (PWISD) Heroin, Oxycodone, or Hydrocone, that individual will then be charged with a class H felony, which carries a maximum sentence of 39 months in prison.  Although a sentence that does not include active prison time is still possible, a conviction for PWISD Heroin, Oxycodone,  or Hydrocodone will likely result in a more severe punishment depending on the facts and circumstances of the case.   Once again, an individual’s prior criminal record will also be considered.  In some instances, an active sentence is mandatory for a class H felony if an individual’s prior criminal record requires the judge to order an active prison sentence.

Finally, depending on the amount of drugs involved, you could also be subjected to a charge of Trafficking.  Trafficking involves possessing larger amount of drugs with the implication that the possession of such a large amount of drugs has occurred by an individual who is somehow engaged in the sale of these illegal drugs.  When an individual is convicted of trafficking, that punishment includes a mandatory active prison sentence, and the potential active prison sentence increases depending upon the amount of drugs that were seized during the arrest.

North Carolina felony drug charges can have serious penalties and consequences.  If you are charged with a North Carolina drug crime such as Possession of Heroin or PWISD Heroin in Forsyth County or one of the surrounding counties, you need to speak with a Forsyth County criminal defense attorney.  Please call our office at (336) 725-6559 for a free consultation with an experienced Winston-Salem criminal defense attorney to review your case and to discuss your options.