What Are The Common Types Of Drug Cases That You Handle?
We handle all types of drug cases, including marijuana, cocaine, cocaine base (also known as crack cocaine), MDMA, ecstasy, methamphetamine, heroin, prescription drugs, LSD and hallucinogenic mushrooms. We handle drug offenses ranging from simple possession, to distribution, to trafficking. We also handle drug charges of manufacturing, possession with intent to distribute (PWID), and possession with intent to distribute within one half-mile proximity of a school (PWID Prox). Call us now if you need an experience criminal defense and drug charge attorney in South Carolina
How Is A Drug Offense Determined To Be Either A Misdemeanor Or A Felony Charge?
Generally, the classification of a misdemeanor versus a felony charge is determined by the substance allegedly involved, the alleged weight of the substance and whether it is a first, second or third offense. A first offense charge of simple possession of marijuana, possession of cocaine, possession of cocaine base, possession of methamphetamine, possession of LSD, possession of heroin or possession of MDMA is a misdemeanor in South Carolina. A second offense charge of simple possession of marijuana or possession of MDMA is also a misdemeanor. However, a second offense charge of possession of cocaine, cocaine base, methamphetamine, heroin or LSD is a felony. It is important for one to have a professional criminal defense attorney in South Carolina to help you through your case. All drug charges involving distribution, manufacturing, trafficking, possession with intent to distribute and possession with intent to distribute within one half mile proximity of a school are felonies.
What Are Unlawful Controlled Substances In South Carolina?
In South Carolina, individuals are generally charged with unlawful possession of a controlled substance when they are caught by police possessing prescription medication without a valid prescription. That is when you need an expert in criminal defense and drug crime cases in South Carolina.
What Is The Difference Between Possession, Distribution and Intent To Distribute Charges?
For marijuana, simple possession is considered possession of less than or equal to one ounce (or approximately 28 grams). Selling any amount of marijuana would be considered distribution. Possession between one ounce and 10 pounds of marijuana would be considered possession with intent to distribute. For cocaine and cocaine base, possession of less than one gram would be considered possession. Possession between one gram and 10 grams would be considered possession with intent to distribute. Selling any amount of cocaine or cocaine base would be considered distribution. For heroin, possession of less than two grains would be considered possession. Possession between two grains and four grams would be considered possession with intent to distribute.
Selling any amount of heroin would be considered distribution. For LSD, possession of less than 50 micrograms would be considered possession. Possession between 50 micrograms and 100 dosage units would be considered possession with intent to distribute. Selling any amount of LSD would be considered distribution. For MDMA (Ecstasy), possession less than 15 dosage units would be considered possession. Possession between 15 dosage units and 100 dosage units would be considered possession with intent to distribute. Selling any amount of MDMA (Ecstasy) would be considered distribution.
What Are The Laws Pertaining To Drug Trafficking In South Carolina?
In South Carolina, drug trafficking is considered the possession over a certain weight of an illegal drug. Trafficking in cocaine, marijuana, heroin, meth or any other illegal substance is the most serious of the drug offenses in South Carolina. Trafficking carries mandatory, serious jail time and is usually established by the weight of the drug. Once a certain weight is established, the elements for trafficking can be met by proving possession (either actual or constructive). Personal use is not a valid defense once the amount of weight has been established. Drug offenses can be very serious, and that’s why it’s important to have a Criminal defense attorney in South Carolina by your side.
What Are The Laws That Address Drug Paraphernalia In South Carolina?
In South Carolina, being found in possession of drug paraphernalia like bongs, pipes or materials used in the sale or manufacture of marijuana is a civil offense (not a criminal offense). Therefore, it is not considered a misdemeanor or a felony. However, if convicted, you will have to pay a fine of up to $500. Consult a drug crime attorney in South Carolina.
Can Police Execute A Warrantless Search Of A Home Or Automobile If They Suspect A Drug Offense?
Because vehicles are highly mobile, a warrant is not required to search one if police have a probable cause to believe that the vehicle contains evidence of a crime, the instrumentalities of a crime, contraband or the fruits of a crime. Although commonly referred to as an “automobile exception,” this rule applies to any vehicle (including boats). While in some ways it is a quite broad exception, this rule limits the police’s ability to search areas which might contain evidence of the type suspected to be present. In other words, if police suspect that the occupant of a boat is smuggling people across the border, then searching a small tackle box on board will not be permissible. However, if they are looking for drugs, then they could search the tackle box. The rationale is that if an officer has to take the time to obtain a warrant, the vehicle will be out of reach before the warrant can be issued and executed. See Carol vs. United States, 267 US 132(1925).
For more information on Drug Cases In South Carolina, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (843) 856-2222 today.