Trafficking in ecstacy/molly/mdma

Trafficking in Ecstacy/Molly/MDMA is a very serious charge that generally carries a minimum mandatory prison sentence.  If you have been charged with Trafficking in Ecstacy/Molly/MDMA in Charlotte, you need the counsel of a knowledgeable and experienced criminal defense lawyer who is dedicated to achieving the best result possible.  A knowledgeable and experienced criminal defense attorney knows what the State must prove and the consequences of a conviction of Trafficking in Ecstacy/Molly/MDMA.  David Q. Burgess, who is available for a free consultation at (704) 377-9800 in Charlotte, is a dedicated, knowledgeable, and experienced criminal defense lawyer who knows what the State must prove and the consequences of a conviction of Trafficking in Ecstacy/Molly/MDMA.

In order to prove Trafficking in Ecstacy/Molly/MDMA the prosecution must show that the defendant knowingly possessed, sold, manufactured, delivered, or transported either 28 grams or more of Ecstacy/Molly/MDMA or 100 or more tablets, capsules, or other dosage units of Ecstacy/Molly/MDMA.  The prosecution is not required to prove that the defendant had knowledge of the weight or amount of the Ecstacy/Molly/MDMA, only that the defendant knowingly possessed the Ecstacy/Molly/MDMA.

Possession may be either actual or constructive.  Actual possession is where a person has it on his person.  Constructive possession exists where the person does not have it on his person but is aware of its presence and has both the power and intent to control its disposition or use.  More than one person may have the power and intent to control its disposition so that one or more persons may have constructive possession of the Ecstacy/Molly/MDMA.

A person’s awareness of the presence of the Ecstacy/Molly/MDMA and his power and intent to control its disposition or use may be shown by circumstantial evidence alone.  However, that the Ecstacy/Molly/MDMA was found in close physical proximity to the person is not, by itself, enough to show that the person was aware of its presence or had the power or intent to control its disposition or use.  Instead, there must be additional circumstances to show that the person was aware of its presence or had the power or intent to control its disposition or use.  For example, if the Ecstacy/Molly/MDMA was found in a house or a vehicle and that the person exercised control over the house or the car, that would be an additional circumstance from which it could be shown that he was aware of the presence of the marijuana and had the power and intent to control its disposition or use.

The penalty for trafficking in Ecstacy/Molly/MDMA depends upon the amount of the drugs involved.  If the amount is 28 grams or more, but less than 200 grams, or 100 or more, but less than 500, tablets, capsules, or other dosage units, the offense is a Class G felony and the sentence is a minimum term of 35 months and a maximum term of 42 months followed by a 9 month period of post-release supervision by a probation officer and a fine not less than $25,000.  If the amount If the amount is 200 grams or more, but less than 400 grams, or 500 or more, but less than 1,000, tablets, capsules, or other dosage units,, the offense is a Class F felony and the sentence is a minimum term of 70 months and a maximum term of 84 months followed by a 9 month period of post-release supervision by a probation officer and a fine not less than $50,000.  If the amount is 400 grams or more or 1,000 or more the offense is a Class D felony and the sentence is a minimum term of 175 months and a maximum term of 210 months followed by a 12 month period of post-release supervision by a probation officer and a fine not less than $250,000.

The only way to avoid a minimum mandatory sentence and minimum fine is to provide what is called “substantial assistance.”  If the defendant provides substantial assistance, the sentencing judge may reduce the fine, impose a prison term less than the applicable minimum, or suspend the prison term imposed and place the defendant on probation.  Substantial assistance means that the defendant provided substantial assistance in the identification, arrest, or conviction of any accomplices, accessories, co-conspirators, or principals.

If you have been charged with Trafficking in Ecstacy/Molly/MDMA, call David Burgess for a free consultation at (704) 377-9800 in Charlotte.