Drug Trafficking
South Carolina' drug trafficking law contains substantial penalties for those convicted. The drug trafficking law is codified in S.C. Code § 44-53-370(e). Drug trafficking is the act of being in possession of over a certain quantity of illegal drugs. It is only a penalty statute and the underlying crime is possession. The only requirement to trigger the trafficking law is that the defendant be alleged to have in their possession more than a certain threshold amount of contraband. There is no requirement that the defendant had any intent of distributing, transporting of selling any drugs. Many South Carolina Drug Trafficking charges carry mandatory prison terms of as high as 25 years.
The seriousness of a South Carolina Drug Trafficking offense is based on the drug involved, the amount of drug and the defendant's prior record of drug related offenses. Any prior conviction for a drug offense may serve to enhance the level of a drug trafficking charge. For example a prior conviction for PWID Marijuana would serve to make a defendant's first ever charge for Trafficking in Cocaine a 2nd offense. This is true even if the defendant has no prior trafficking or cocaine charges.
Frequently those charged with drug trafficking may have important legal or factual defenses available for them. Many defenses involve situations where police pulled over or searched a vehicle, used drug dogs, failed to give a full Miranda advisement, or obtained (or should have obtained) a search warrant.
Other issues that come up with some regularity involve the police use of drug informants. These are individuals, frequently with their own serious drug charges, who agree to cooperate with the police to obtain the arrest of others. This may lead to situations where the informant's testimony is unreliable for obtaining a search or arrest warrant, or where their testimony should be considered unreliable at trial.
As with any serious drug offense there are also issues regarding the chain of custody procedure used by law enforcement when taking possession of drugs after an arrest. Also since trafficking depends on the precise weight of the drugs involved the accuracy of the scales and the environment the drugs are stored in makes a huge difference. Even the humidity level of the police station can change the weight of drugs not properly stored.
To discuss a Drug Trafficking charge please contact The Law Office of James R. Snell, Jr., LLC. We work hard for our clients to protect their freedom, liberty and reputation. To schedule an in-office consultation about your case please contact us at (803) 359-3301 or 24 hour call center at 1-866-252-5789.
For more information about specific Drug Trafficking charges please visit one of the following pages:
Trafficking in Cocaine
Trafficking in Marijuana
Trafficking in Crack
Trafficking in LSD