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Often possession with Intent in SC is a felony charge. At The Law Offices of A. Randolph Hough, P. A., we understand the implications of a drug trafficking charge. Drug Trafficking: 4 Most Important Factors Impacting Charges. The severity of a drug possession sentence generally depends on three factors: the drug involved, the amount involved and whether the offender has previous drug convictions. Unwitting possession: This means you did not know that the substance was in your vehicle or in your home, or you were not aware of the nature of the substance.
Because various controlled substances are categorized into different penalty classes, the weight of the drugs found by law enforcement will determine whether it's a drug trafficking offense. A drug trafficking lawyer in South Carolina could explain what repercussions a particular charge might result in during a private consultation. That said, the most common defenses include Constitutional challenges to evidence, discrediting of State witnesses and uncovering wiretap issues, where applicable. If you possess an amount of a given substance that is more than the "personal use" threshold, or if you're found in possession of any paraphernalia — pipes, scales, bags, and anything else used to produce, package, use, or sell controlled substances — that charge may be upgraded to "possession with intent to distribute, " usually shortened to the initials PWID. Typically, once the police confiscate the substance, they send it to the lab for testing. More than 10, 000 pounds or 10, 000 plants. Many defenses involve situations where police: - Pulled over or searched a vehicle. How to beat a drug trafficking charge in south carolina law. Even without any prior record of drug-related convictions, a single drug trafficking charge could leave you facing a long time in prison and a lifetime of personal and professional challenges after your release. Based in Columbia, SC, we work with clients facing drug charges throughout the state of South Carolina, in all State and Federal Courts, as well as the State and Federal Courts in Georgia. Because of this, you may need a lawyer from The Chetson Firm on your side. Simple Possession Charges in South Carolina by Drug Type.
Packaging a controlled substance. For instance, if you were charged with drug trafficking and the court amends the charges to possession, the prosecution can reduce the charges to possession if your attorney negotiates well. If you wait until you're indicted, you'll be losing precious time, and your case may go slowly or even worse. With nearly three decades of experience in handling drug cases, Attorney Thom Goolsby scrutinizes the police and prosecutor's methods of identifying and weighing alleged drugs. How to beat a drug trafficking charge in south carolina videos. Contact us online, call 910-262-7401, or send a text. From the initial investigatory phase of your case all the way to its conclusion in or out of criminal court, a drug defense attorney can help your case. The quantity of drugs that you're found in unlawful possession of is integral to determining what level of offense you're charged with, as well as whether you're charged at the state or federal level. Someone who traffics between 100 and 1, 000 pounds of marijuana, for example, may face enhanced penalties of up to 25 years behind bars and a $25, 000 fine, and the maximum fine for marijuana trafficking is $200, 000 for the trafficking of more than 10, 000 pounds of marijuana and/or individual marijuana plants. Federal judges are heavily influenced by advisory sentencing guidelines. Contact us today for a free consultation to discuss the facts of your case. We will look at every possible method to aggressively defend your case and protect your rights.
In an effort to explain Arizona's complex drug laws, we offer a free confidential consultation to discuss Arizona drug trafficking charges and how a drug trafficking lawyer impact your specific case. Thus, if a police officer can prove that you intended to distribute the drugs, then you'll receive the same potential sentence as if you were selling the drugs. Trafficking in heroin, morphine or other opiates — If the weight is at least four grams but less than 14, the sentence for the first offense is seven to 25 years in prison; for the second offense, a minimum of 25 years. Other common crimes charged in addition to charges of drug trafficking include: SIDE NOTE: When money, cars, homes, businesses, weapons and other property are seized in connection to a drug trafficking charge, criminal forfeiture proceedings should be expected. Focus on an effective strategy. A Lexington criminal attorney at our firm can help determine what defenses can be used in your case. What are PWID Charge Thresholds and Criminal Penalties in SC? What Is Possession With Intent In SC? | Drug Defense Lawyers. 28-100 grams of cocaine. The law states that officers can't search your property without probable cause to believe that you're committing an offense.
What Is the Penalty for Simple Possession of Marijuana? If you possess: - 4+ grams of heroin, is a Class I felony trafficking with 3-12 months prison and fines. Amounts of Drugs Required to Be Considered Trafficking in Charlotte. SC Code of Laws § 44-53-370 states that it is illegal for a person to knowingly or intentionally possess a controlled substance unless the person obtained it from a valid prescription or in other legal ways. Examples of rights violations include: - Unlawful search and seizure. However, drug possession can also be charged when a person is found to be in constructive possession of the drug, such as the drug being found in a car, home or other area near the person. It can be difficult to get a drug trafficking charge dismissed. How to beat a drug trafficking charge in south carolina video. Methamphetamines, 10-28 grams: 3rd Offense: 25-30 years and fines of up to $50, 000. The maximum and minimum punishment that you can expect after a conviction for a class 2 felony is: 1. Used drug dogs to investigate the evidence. The laws surrounding drug use in North Carolina are complex, your best chance to beat or mitigate charges lies with a qualified drug defense attorney. If you have more than 10 pounds of marijuana, you face felony charges: If you have more than 28 grams of cocaine, you will be charged with a felony: If you have 28 grams of methamphetamine or a mixture, you face: If you have 4 grams or more of heroin, opium, or an opioid, you may be charged with: If you are accused of trafficking in any of these or another controlled substance, call drug trafficking defense attorney Thom Goolsby today. If they can't do that and there is reasonable doubt, you can't be convicted. Heroin trafficking carries the highest potential penalties for any drug crime in SC.
However, it is crucial to note that many states always act based on the existing national laws on drug trafficking. The drug possession and drug trafficking lawyers at the Strom Law Firm, LLC are dedicated to protecting the rights of our clients, providing aggressive representation grounded in our decades of experience building and interpreting the laws of South Carolina. These proceedings are separate from any criminal charges. A person who possesses more than one ounce of marijuana but less than ten pounds of this drug can be charged with felony possession with the intent to distribute (PWID) in South Carolina. This highlights why it is so important to retain an experienced Charlotte, North Carolina criminal defense attorney immediately who can help walk you through the requirements of defending yourself. South Carolina Drug Defense Lawyer | Drug Charges / Charleston SC Attorney. Drug trafficking (Transporting Drugs). However, an experienced team of King Law attorneys can help you argue various defenses and present your case in a positive light. In other cases, you may have a strong alibi that proves you were somewhere else and couldn't have committed the crimes you're accused of.
Andrew Schwartz was so very helpful and always responded quickly when I had questions. Greg McCollum's Complete Legal Defense Team has had a long history of defending clients against drug trafficking and other criminal charges. When you're arrested, you don't have to answer all the questions the police may ask you, such as where you were going if you were on the road. You may not even know that you had a small packet of an odorless powder in your trunk until a few days or months later when the police discover it. Sahn Law Firm – Attorneys at Law in Charleston South Carolina is here to help. Cocaine trafficking, if you got caught with more than 10 grams. If you've been charged with drug trafficking in South Carolina, it's alleged that you were found with a sizable amount of drugs. 100 dosage units of LSD or MDMA. I hope this video was helpful and thanks for watching. If you have any prior convictions. If the crime of trafficking occurs in or on, or within one thousand feet of a school, playground or public housing, or within 100 feet of a public or private youth center, public swimming pool, or video arcade facility, the defendant is subject to twice the maximum punishment for a first offense and three times the maximum punishment for a second offense. First-time offenders can enter into a pre-trial intervention program or attend a drug abuse program in order to decrease their penalties. In addition to differentiating between different types of controlled substances, state law also prescribes different penalties based on the amount of a controlled substance that a defendant allegedly trafficked. Here are the drug weight thresholds and criminal penalties for each level of PWID.
Disclaimer: Each case is different and must be evaluated on its individual merits. Furthermore, the federal sentencing guidelines can be triggered if you are accused of violating federal drug trafficking laws. Also to consider is that cocaine and heroin contain mixers and filler agents that may not be considered mitigating factors when determining the total weight of drugs in your possession.
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