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We have handled over 5000 cases in the last 12 years.
Here are just a few examples of the results we’ve obtained…

Drug Charges Case Results

Case Dismissed

Accusation: Possession of Heroin, in violation of N.C.G.S. § 90-95(D)(1), PWIMSD Heroin, in violation of N.C.G.S. § 90-95(A)(1), Trafficking Opium or Heroin, in violation of N.C.G.S. § 90-95(H)(4), Maintaining a Vehicle/Dwelling/Place Controlled Substance, in violation of N.C.G.S. § 90-108(A)(7), Possession of a Stolen Firearm, in violation of N.C.G.S. § 14-71.1, Misdemeanor Possession of Marijuana up to 1/2 oz, in violation of N.C.G.S. § 90-95(D)(4), Misdemeanor Possession of Marijuana Paraphernalia, in violation of N.C.G.S. § 90-113.22A, and Possession of Firearm by Felon, in violation of N.C.G.S. § 14-415.1.
Facing: Mandatory 70 to 93 months incarceration for trafficking; plus 126 months in prison for the remaining charges
Result: Case Dismissed after Successful Motion to Suppress
State v. Q.W.: Our client was accused of drug trafficking and many related offenses. The State built their case based on confidential informants and a search warrant for our client’s alleged stash house. After reviewing the search warrant, we filed a motion to suppress due to many legal insufficiencies in the warrant. For example, we believed that the informants relied on in the warrant were unreliable. We also felt that although the investigation of our client involved controlled buys, the details of those buys were insufficiently summarized in warrant. Ultimately, the Court agreed and found that the search warrant in our client’s case was not supported by probable cause, as a result, all charges were dismissed by the State.
Attorney: Marcilliat & Mills PLLC

Probation

Accusation: Three Counts of Trafficking in Cocaine over 400 grams, N.C.G.S. § 90-95.
Facing: Mandatory Minimum of 175 months in Prison on Each Count.
Result: Probation.
State v. R.P.: Our client was accused of trafficking kilogram quantities of cocaine. The State’s evidence including recordings, phone dumps for many phones, DEA Investigative Reports, and surveillance. Our client entered into a plea deal that allowed us to argue for probation, despite the large quantities of narcotics involved in the case. Given our client’s work history and otherwise clean record, we successfully convinced the Court to sentence our trafficking client to only probation.
Attorney: Marcilliat & Mills PLLC

Probation & Gun Charge Dismissed

Charges: (F) Possession Firearm by Felon; Possession with Intent to Sell/Deliver Marijuana; Possession with Intent to Sell/Deliver Cocaine
Facing: 83-112 months on the Gun charge alone if indicted as a Habitual Felon
Result: Probation; Gun charge dismissed
North Carolina v. R.B.: Our client was arrested in a small county in Eastern North Carolina after police raided a residence with a search warrant and located large amounts of marijuana, cocaine, and a firearm. At the time our client retained our office to represent him, he had previously received a plea offer to plead guilty to the Possession of Firearm by Felon charge, under which he would have received a lengthy active prison sentence. After conducting a thorough review of the evidence and pointing out flaws in the State’s case, we secured the dismissal of the Firearm by Felon charge and secured probation with no active time.
Attorney: KMM

Dismissal of Felony Trafficking Charge in Exchange for Plea to Two Counts of Misdemeanor Charges

Accusation: Felony Level I Trafficking in Heroin, N.C.G.S. § 90-95(h); Simple Possession of Schedule VI (Marijuana) and Schedule IV (Xanax), N.C.G.S. § 90-95(d)(2) and (4).
Facing: Mandatory Minimum Sentence of 70 to 93 Months in Prison, and a Mandatory $50,000 Fine, for Trafficking Heroin; Followed by Sentences of 120 and 20 days for Simple Possession.
Result: Dismissal of the Felony Trafficking Charge in Exchange for Plea to Two Counts of Misdemeanor Simple Possession; Client Received Probation.
State v. R.M.: Our client was caught at a traffic checkpoint with a trafficking quantity of heroin. Our client was also found to be in possession of Xanax and Marijuana. When he requested and received a copy of the checkpoint plan that police used to conduct the checkpoint at issue, we realized that the plan had major problems from a constitutional standpoint. Therefore, we prepared a motion to suppress, provided it to the prosecutor’s office, and advised that our client would be filing and arguing the motion unless a favorable resolution could be reached prior to trial. In essence, our motion, if granted, would “throw-out” any evidence found on our client as a result of his stop at the unconstitutional checkpoint. Appreciating the strength of our motion, the district attorney agreed to allow our client to plead guilty to misdemeanors, even though he faced a mandatory minimum of well over 5 years in prison for the felony heroin trafficking charge alone.
Attorney: Marcilliat & Mills PLLC

Probation

Charges: Habitual Felon (N.C.G.S. § 14-7.1); Trafficking in Methamphetamine (N.C.G.S. § 90-95(H)(3B) (two counts); Manufacture of Methamphetamine (N.C.G.S. § 90-95(B)(1A)); Possession of Drug Paraphernalia (N.C.G.S. § 90-113.22(A)); Maintaining a Motor Vehicle/Dwelling Place for Keeping or Selling a Controlled Substance (N.C.G.S. § 90-108(a)(7)); Felony Probation Violation (N.C.G.S. § 15A-1345)
Facing: 624 – 791 months plus revocation of probation
Result: Probation
State v. S.C.: Client was charged along with 2 other codefendants in the manufacturing and trafficking of methamphetamine. After law enforcement found a “clandestine laboratory” in the codefendant’s vehicle, a search warrant was executed at our client’s home. Law enforcement located cleaning supplies and alleged that the cleaning supplies were “methamphetamine precursors.” Our client was facing mandatory prison time, if convicted. The Assistant District Attorney indicted our client as a “habitual felon,” due to his prior criminal history, exposing our client to even more active jail time if convicted. Further complicating matters, Defendant was already on probation at the time of the offense and, if convicted, he was facing the activation of his probation sentence. We placed the case on a trial calendar and demanded to inspect the evidence seized from our client’s home. After inspecting evidence and identifying weaknesses in the state’s case, we were able to persuade the Assistant District Attorney to dismiss four of our client’s charges and stipulate to a full probationary sentence on the remaining offense. We further persuaded the judge to strike our client’s probation supervision fees for the duration of his probationary sentence.
Attorney: MJM

All Charges Dismissed

Charges: (2 Counts) Trafficking 28 Grams or More of Heroin, N.C. Gen. Stat. 90-95(h)(4); Sale or Delivery of a Schedule I Controlled Substance, N.C. Gen. Stat. 90-95(a)(1)
Facing: Mandatory Minimum Sentence of approximately 19 Years on each Level III Heroin Trafficking charge
Result: All Charges Dismissed
North Carolina v. M.R.: Our client was arrested and charged with the most serious drug trafficking charges that exist under North Carolina law – multiple counts of Level III Heroin Trafficking – after she was apprehended at Raleigh-Durham International Airport (RDU) with what police and federal agents described as 582 grams of heroin (over 1 pound). After gaining access to a key lab report that showed the substance seized by law enforcement from our client was not actually heroin – or any other controlled substance – all charges against our cl

Conditional Discharge

Charges: Trafficking 400 grams or more of Methamphetamine, N.C.G.S. § 90-95(h)(3b)(c); Possession with Intent to Manufacture Methamphetamine, N.C.G.S. § 90-95(a)(1).
Facing: Mandatory Minimum 225 months for Trafficking in addition to 231 months for Possession with Intent to Sell.
Result: Conditional Discharge – all charges will be dismissed upon completion of probation.
State v. A.S.: Our client was caught with well over 400 grams of methamphetamine. The client was stopped after attempting to avoid a DWI checkpoint. Despite the very large amount of methamphetamine involved and the strength of the State’s case, we were able to negotiate a plea resolution that requires that all of our client’s charges are dismissed, provided he successfully completes probation.
Attorney: Marcilliat & Mills PLLC

Probation

Charges: Trafficking in Marijuana by Transport; Trafficking in Marijuana by Possession (N.C.G.S. § 90-95(h)(1)) ; Manufacturing Marijuana (N.C.G.S. § 90-95(b)(2)); Maintaining a Motor Vehicle for Keeping or Selling a Controlled Substance (N.C.G.S. § 90-108(a)(7))
Facing: 62 – 112 months (with a mandatory minimum of 25-39 months)
Result: Probation
State v. V.E.: Defendant was stopped in his car for a Window Tint Violation and Driving While License Revoked. The officer searched Defendant’s car based on alleged odor of marijuana, after detaining him from a questionable period of time. After questioning the validity of the officer’s actions during the stop and offering some general character information about our client, we were able to persuade the Assistant District Attorney to allow our client to enter a plea to
Attempted Trafficking. This allowed our firm to argue for and win a probationary sentence on behalf of our client.
Attorney: MJM

Plea to Misdemeanor Possession of Drug Paraphernalia

Charges: Felony Possession of Cocaine, N.C.G.S. § 90-95; Felony Possession with Intent to Sell & Deliver Marijuana, N.C.G.S. § 90-95; Felony Possession of Marijuana, N.C.G.S. § 90-95
Facing: 24 months – 57 months
Result: Plea to Misdemeanor Possession of Drug Paraphernalia; Complete substance abuse assessment
State v. B.F.: Our client was approached by law enforcement while standing outside his vehicle in the parking lot of his place of employment. During questioning, he confessed to using marijuana and having marijuana in his vehicle. Upon consenting to a search of his vehicle, law enforcement found cocaine in the center console. Our client had a lengthy criminal record and was facing an active prison term if convicted. After our client retained our firm, we challenged the legality of our client’s detainment in the parking lot. Upon reviewing our legal arguments, the Assistant District Attorney offered our client a misdemeanor plea to Possession of Drug Paraphernalia. Sentencing was in the discretion of the court. At the sentencing hearing, we successfully assisted our client in avoiding active prison time and supervised probation. Our client only had to pay small fine and complete a substance abuse assessment.
Attorney: MJM

Probation

Charges: Possession of Cocaine, N.C.G.S. § 90-95; Assault on a Female, N.C.G.S. § 14-33(c)(2); Unauthorized Use of Motor Vehicle, N.C.G.S. § 14-72.2
Facing: 19 months – 41 months
Result: Probation
State v. A.S.: Our client was stopped by law enforcement for illegally parking his girlfriend’s car. As part of the investigation, his girlfriend was interviewed and bruises were discovered on her arms and chest. She accused our client of assault her. After placing him under arrest, officers found cocaine in our client’s pocket. Once our client was charged, the Assistant District Attorney discovered a prior record of assaults and wanted to bring additional charges against our client for Felony Habitual Misdemeanor Assault. However, we were able to assist our client and his girlfriend with obtaining couples counseling and our client underwent a voluntary substance abuse assessment. Using this information, we were able to persuade the State to dismiss the Assault charge, rather than add another felony to the charges. The felony drug charge was reduced to a misdemeanor paraphernalia charge. Our client’s prior record made him eligible for an active jail sentence, even for a misdemeanor offense. However, we were able to incorporate in his plea arrangement that he receive a probationary sentence.
Attorney: MJM

Dismissal/Negotiated Plea

Charges: Trafficking in Heroin (two counts), N.C.G.S. § 90-95(h)(4); Possession with Intent to Distribute Heroin, N.C.G.S. § 90-95(a)(1).
Facing: mandatory prison sentence of 70 to 93 months on each count of Trafficking in Heroin; and 25 to 42 months for PWISD Heroin.
Result: Alford plea to possession of heroin pursuant to N.C.G.S. § 90-96(a)(1)-case will be dismissed upon completion of probation.
State v. B.J.: Our client was driving a vehicle that was stopped and searched by law enforcement. In the car, approximately 100 baggies of heroin were located. The firm argued to the State that the stop and search violated the Fourth Amendment, and that even if the stop and search was lawful, our client was innocent. Despite the fact that our client was a convicted felon who had previously served a lengthy prison sentence, the State agreed to dismiss the trafficking charges and reduce the PWISD charge to allow our client to enter into the N.C.G.S. § 90-96 diversionary program-our client’s case will be dismissed upon his completion of probation. The firm also persuaded the State to allow our client to accept the N.C.G.S. § 90-96 plea pursuant to Alford, meaning our client never admitted guilt.
Attorney: Marcilliat & Mills PLLC

Charges: Felony Possession with Intent to Sell Cocaine, (M) Possession of Marijuana, and (M) Possession of Drug Paraphernalia (N.C.G.S. § 90-95)

Facing: 8-19 Months in Prison

Result: Misdemeanor plea with Unsupervised Probation

North Carolina vs. N.K. – Our client was involved in a narcotics buy-bust by officers with the Hertford County Sheriff’s Department, who located approximately 21 grams of crack cocaine as well as more than one ounce of marijuana in our client’s vehicle. After making a strong argument to the district attorney that our client’s constitutional rights were violated through the use of uncorroborated tip from an informant resulting in an illegal search, all felony charges against our client were dismissed. He pled guilty to a minor misdemeanor and was sentenced to unsupervised probation, allowing him to return to his job and family in another state.

Attorney: KMM

Charges: Felony Possession of Cocaine (N.C.G.S. 90-95)

Facing: 6-17 Months in Prison

Result: Dismissed without Deferral or Diversion Program

North Carolina vs. A.S. – Our client was one of several individuals in a vehicle stopped by law enforcement for a minor traffic infraction. The vehicle stop was quickly transformed into a full scale drug investigation when, prior to the car stopping in response to the officer’s blue lights, one of the individuals in the car threw an unknown object out the window. Police later found a small baggie containing cocaine, and all of the occupants of the vehicle were charged with Felony Possession of Cocaine. After presenting compelling evidence of innocence to the prosecutor, including the client’s passed drug test within hours of the arrest, all charges were dismissed.

Attorney: KMM

Charges: Trafficking Opium or Heroin; Maintaining a Dwelling for Keeping a Controlled Substance; Simple Possession of a Schedule III Controlled Substance

Facing: 225-282 months

Result: Deferred prosecution for dismissal

State v. M.T. – Client’s home was searched, pursuant to a warrant, and over 28 grams worth of oxycodone pills were found in her bedroom. Client admitted to law enforcement that the pills belonged to her. We filed a Motion to Suppress the results of the search warrant based on lack of probable cause. We presented our motion to the Assistant District Attorney, along with documentation of our client’s background, ongoing education, and work history. We also presented drug screens from our client after the date of the arrest, demonstrating our client’s reformed behavior. We were able to persuade the District Attorney to reduce the charges to Felony Possession of a Schedule II Controlled Substance. We went even further and persuaded the sentencing judge to allow our client to enroll in a drug deferral program, whereby our client will secure a dismissal of all charges in one year.

Attorney: MJM

Charges: Conspiracy to Distribute and Possess with Intent to Distribute a Quantity of Heroin (21 U.S.C. § 846), and Distribution of a Quantity of Heroin (3 Counts) (21 U.S.C. § 841(a)(1))

Facing: 120 years

Result: 56 months

United States of America v. L.J. – Our client was indicted on federal drug charges including three counts of Distribution of a Quantity of Heroin and one count of Conspiracy to Distribute and Possess with Intent to Distribute a Quantity of Heroin. Because of a prior felony drug conviction, our client was facing a sentence enhancement pursuant to 21 U.S.C. § 841(b), resulting in a possible sentence of 120 years. We convinced the United States Attorney not to pursue the sentence enhancement and negotiated a plea deal in which our client pled guilty to Conspiracy to Distribute and Possess with Intent to Distribute a Quantity of Heroin in exchange for the dismissal of the three counts charging Distribution of a Quantity of Heroin. In a sentencing memorandum before the Judge, we argued and were able to obtain a significantly reduced sentence of 56 months.