South Carolina Drug Lawyer Guide to Drug Crime Penalties and Defense Options

A drug charge in South Carolina can bring dread, stress, and legal difficulty. The fee itself can affect your employment, family, housing and plans. An arrest, however, is not a conviction. South Carolina drug laws specify varying penalties for different crimes. The kind and amount of the medicine can matter. Past convictions count as well. So can the facts of the arrest. A drug lawyer in South Carolina will review those details before crafting a defense. Dayne Phillips is a South Carolina criminal defense attorney handling felony and misdemeanor cases in South Carolina. His practice encompasses drug offenses, weapons charges, theft, DUI, domestic violence, sex crimes and other criminal concerns. Phillips has won many not-guilty verdicts for clients facing serious crimes. He was named a “Rising Star” by Super Lawyers in 2017 and 2018.

Drug Offense Punishments Can Vary Widely

Not all drug charges carry the same penalties. South Carolina law addresses various drug charges. These include simple possession, possession with intent to distribute, distribution, manufacturing and trafficking. The price could depend on the medicine type. Also, the quantity can affect the stakes. First possession sanctions may not be as severe as for trafficking for particular offenses. Repeat offenders could face harsher sentences. That’s why the precise charge is important. A lawyer has to know what was found, how much the police say they found, and what officers say happened.

Simple Possession Still Worthy of Attention

Simple possession is possession of a controlled substance for personal use. It may seem like a small charge, but the consequences can be catastrophic. South Carolina law also provides for more serious penalties for repeat offenders, including larger fines and longer jail sentences. Facts matter. Did you have the substance on you? In a car? Was it in a house with other people? That can help form the defense. A lawyer may evaluate whether police have a legal basis to stop, search, or arrest you. The defense might argue against the evidence if the search was illegal .

Possession With Intent To Distribute Is A Greater Offense

South Carolina has penalties for possession with intent to distribute as well. The police may allege that the narcotics were for sale based on the quantity or other factors. They could be pointing at cash, baggies, scales, messages or multiple little parcels. But police suspicion is not evidence. The defense counsel can attack the state’s evidence and the tale the state tells. Where did the medications originate from, for instance? To whom did they belong? Who had access to these? So what are the messages truly saying? Rarely does one thing give the complete tale.

Drug Trafficking Can Bring Harsh Penalties

Trafficking charges are some of the most serious drug felonies in South Carolina. The state law defines weight ranges for specific controlled substances. Possession of a listed amount may result in a charge of trafficking and severe penalties. This includes substances such as cocaine, heroin, methamphetamine, marijuana etc. The reported weight can matter a great deal. A lawyer could look at the way cops seized, kept, weighed and tested the drug. Chain of custody and lab data may also be closely reviewed. Why should that matter? Because of the discrepancy in drug weight affecting the charge and potential sentence.

What Can a South Carolina Drug Lawyer Fight?

A defense doesn’t go out there with a game plan. Questions are the start. A lawyer may examine:

• The reason the police stopped you.
• The bases of a search
• The search warrant
• Consent to search
• Questioning statements
• Where the narcotics were
• The ownership or control of the property
• Drug weight and laboratory findings
• Police reports, body cam footage
• The custody chain

Every case has its weak points. Sometimes it’s the chase. Sometimes the major conflict is for possession. Sometimes the emphasis is on the weight of the substance. The lawyer’s role is to discover those pressure points.

A Poor Search Can Make the Case

The Fourth Amendment protects people from unwarranted searches and seizures. In drug cases, that protection can be formidable. Police can search a vehicle during a traffic stop. Once they have a warrant they can search a home. They might also say someone consented. In each instance the legal norms vary. A defense attorney can see what the officers knew before the search. The lawyer can also find out what happened during the stop or search. If the police did not have the legal basis to do so, the defense may move to suppress the evidence. That can be a huge leap.

Ownership Not to be Forgotten

People think if they find narcotics in their neighborhood, they are theirs. Not always. Let’s say police locate drugs in a shared residence. It is home to a number of people. One individual could have the bedroom while others have access to communal areas. The State still has to connect the accused to the drugs. A lawyer may look at fingerprints, DNA, texts, pictures, witness statements and other evidence. The basic question is simple: What evidence demonstrates that this person intentionally had the substance?

The impact of prior charges on the result

Your previous drug convictions can affect the penalty for this new crime. South Carolina legislation has raised punishments for some repeat offenders. The actual impact depends on the current charge and criminal history. This is why a lawyer wants to see your whole case history. Don’t think that an old charge inevitably dictates your present case. It’s all in the details. For a defense lawyer, he can look at the earlier case and see how it could affect the present case.

What is a Plea Bargain?

Not every drug case goes to court. Some instances conclude in plea bargains. Other possibilities can be motions, hearings, diversion alternatives or a trial. Never accept a plea deal without knowing what effect it’s going to have. The lawyer should explain the charge, probable penalty, rights and long-term repercussions. Sometimes a plea is comprehensible. Sometimes it makes more sense to fight the charge. There is not one answer for everybody.

Constructing the Right Defense

Effective defense begins with honest facts. Tell your attorney what transpired. Do not conceal facts because they are embarrassing or damaging. Before any legal course can be taken, your lawyer must have the complete story. Dayne Phillips of South Carolina Criminal Law has represented clients charged with significant felony and misdemeanor counts. His practice includes narcotics cases as well as instances involving weapons, theft, DUI, domestic abuse, solicitation and sex crimes. He also has a number of not-guilty judgments to his credit throughout the course of his career. If you are charged with a drug crime, a South Carolina Drug Lawyer can assist you understand your rights and legal options. Don’t wait until the case is more difficult to defend.

What to do after a drug arrest?

First, do not discuss your problem with strangers or post the information online. Second, don’t assume what the police can prove. Third, get a criminal defense lawyer as quickly as you can. Keep all court papers and other case files together. Tell your lawyer about searches, statements, witnesses and anything else that comes to mind. Little things can matter later on. Most importantly, remember this: an accusation is not a conviction. Your case requires a good look before anyone makes any decisions where to go from here.

Frequently Asked Questions

1. What are the largest drug crimes in South Carolina?

Typical drug offenses include possession, possession with intent to sell, selling, manufacturing, and trafficking. The charge and sentence can depend on the type and amount of drugs involved and the person’s prior record.

2. Can a South Carolina Drug Lawyer Suppress Evidence?

Yes. The lawyer can review the search, seizure, arrest, interrogation, lab testing and chain of custody. If the police have violated your rights, the defense might ask the court to exclude some of the evidence.

3. Is there a penalty factor for the amount of drugs?

Yes. Drug weight can impact the charge and penalty for certain crimes. Trafficking regulations also have prescribed quantities for certain controlled substances and it is important to test and weigh accurately.

4. What if drugs were everywhere but not mine?

The state still has to prove you were involved with the narcotics. A lawyer can look at who controlled the area, who had access to the area and whether other evidence supports the claim of possession.

5. Should I choose a plea bargain for a drug charge?

Always have a criminal defense attorney analyze a plea deal before you accept it. Your lawyer can go over the recommended punishment, alternative defenses, and long-term repercussions before you make a decision.