On June 26, 2020, Governor Cooper signed the NC First Step Act into law. The North Carolina First Step Act affords those convicted of drug trafficking (N.C.G.S. § 90-95(h)) or conspiracy to commit drug trafficking (N.C.G.S. § 90-95(i)) the ability to reduce the mandatory fine and sentence. Under the NC First Step Act, mandatory 25-month sentences can be reduced to regular sentencing guidelines at any time throughout the sentencing period. This is very limited, but to those that were caught up in a mandatory 25-month sentence, it can be a godsend.
The Process Behind the NC First Step Act
Under the NC First Step Act, a Defendant may file a motion to have their sentenced reduced at any time during their sentence. After filing the motion, a judge will hold a hearing where the prosecution gets an opportunity to argue that the criminal defendant does not meet one of the boxes below. Dummit Fradin’s seasoned criminal defense attorneys have 30 years of experience in advocating for lesser sentences and can fight these attacks.
Who Qualifies for the NC First Step Act?
The NC First Step Act requires that a person must meet each of these requirements to be eligible for a reduced sentence:
You must have accepted responsibility for the criminal conduct.
You must have not been convicted of a prior felony conviction under N.C.G.S. § 90-95.
Your conviction must have been for the lowest trafficking amount.
You must have not used violence or a credible threat of violence, or possess a firearm or other dangerous weapon, in the commission of the drug trafficking.
You must admit you have a substance abuse disorder and have successfully completed approved treatment.
You must show that the prison sentence would be a substantial injustice and is not necessary to protect the public.
You must have been sentenced solely for trafficking or (conspiracy).
You must have provided all reasonable assistance in the identification, arrest, or conviction of any accomplices, accessories, co-conspirators, or principals.
Still Unsure if You Qualify for the NC First Step Act?
Dummit Fradin is accepting clients who have been convicted of drug trafficking or conspiracy to commit drug trafficking and meet the requirements of the NC First Step Act. Our criminal defense attorneys have 30 years of challenging drug charges in the courtroom and have the litigation experience to advocate for lesser sentences. Call one of our Triad locations for a free criminal consultation to see if you or a loved one may qualify for the NC First Step Act.