South Carolina Drug Crimes
Getting charged with a Drug Crime in South Carolina is serious business. Many charges carry long term minimum sentences and high fines. First time offenders for Simple Possession of Marijuana in South Carolina face up to thirty days in jail and a fine. First time offenders for Simple Possession of Cocaine in South Carolina face up to three years in jai and a fine of over $5,000. You will also lose your driving privileges, even for a first offense. These penalties may be enhanced for those with higher quantities of drugs, prior convictions for drug offenses, or those arrested within proximity to a school, park or daycare facility.
Successful defense of a Drug Crime usually requires an intense analysis of the law of searches and seizures. Frequently Drug Arrests are a result of searches of automobiles, homes or a person's bags or pockets. Many times these searches occur without a search warrant, and without the specific consent of the Defendant. Also Defendants are routinely pressured by law enforcement to not only give up their rights against unlawful searches and seizures, but also their right to remain silent.
James Snell has represented many individuals from all walks of life with all types of drug crimes. This includes crimes ranging from first-time offenders with Simple Possession charges to repeat offenders facing new Trafficking charges. Mr. Snell understands that any conviction may have lifelong consequences, and is ready to fight to protect your life, freedom and record.
First time offenders with charges of Simple Possession of Marijuana may be eligible to have their charges dismissed through a Conditional Discharge. Under this type of agreement, the Defendant will submit to regular drug testing and any other special requirements imposed by the Court. If they are successfully completed the charges will be dismissed and the record may be eligible for expungement.
Many first time offenders may be eligible to have their drug crime placed into the Pre-Trial Intervention Program, or PTI. Pre-Trial Intervention is a program whereby a Defendant performs 30-50 hours of community service, a set number of counseling sessions, and random drug testing. At the conclusion of the program they will have their charges dismissed and will be eligible for their record to be expunged. Admission in Pre-Trial Intervention requires the specific consent of the Solicitor's Office.
Defendants who have an actual drug addiction may be eligible to have their cases disposed of through the Drug Court Program. Drug Court in South Carolina is a diversion program similar to Pre-Trial Intervention. It is a long and difficult program, but if completed it will result in a dismissal of the pending charges and the Defendant will be eligible to have their record expunged. Defendant's may be eligible for admission into the Drug Court even for non-drug offenses if their crimes were motivated by their addiction. Admission into the Drug Court program requires the specific consent of the Solicitor's Office. What follows is a brief description of some of the more common drug offenses:
Drug Possession
Drug Possession in South Carolina can be shown by proving that someone had actual (in their hand or pocket for example) or constructive (in the same room, car or location) possession of a controlled substance such as Marijuana, Cocaine, Crack, Heroin, LDS or Crank.
Possession with Intent to Distribute
(PWID)
Possession with Intent to Distribute (PWID) in South Carolina can be shown by proving that someone had Possession (as described above) of a controlled substance either over a quantity threshold or packaged for street sale.
- For marijuana the threshold amount is one or more ounces.
- For ice, crank or crack cocaine the threshold amount is one or more grams.
- For powder cocaine the threshold amount is ten grains
- For heroin the threshold amount is two grains
If the threshold amount is reached, then the State may argue to the jury that there is a inference that the Defendant intended to distribute the substances.
Drug Trafficking
Trafficking in South Carolina can be shown by proving Possession (as described above) of a controlled substance over a quantity threshold. The underlying crime is Possession, and the trafficking statutes are punitive only. There is no requirement that the State prove any intent to distribute.
- For marijuana the threshold amount is ten pounds.
- For ice, crank or crack cocaine the threshold amount is 10 grams.
- For powder cocaine the threshold amount is 10 grams.
- For heroin the threshold amount is 4 grams.
Drug Distribution
Distribution in South Carolina can be shown by proving the defendant delivered or transferred the controlled substance to a third person. These cases become even more serious if the defendant has a prior record of drug or violent offenses, or if they occur within a close proximity to a school or playground.
Prescription Drug Possession
South Carolina also has many laws concerning the obtainment, possession and distribution of prescription drugs. Many individuals are arrested based on a belief that they are "Doctor Shopping" or somehow else obtained a Drug Prescription or Prescription Drugs by fraud or deceit.
