Charleston Drug Crime Lawyers
Like all other states in the union, South Carolina makes activities involving controlled substances unlawful. Whether your arrest or charges involve street drugs such as cocaine or unauthorized prescription medicines, you can find yourself facing serious penalties upon a conviction. Such a conviction can not only result in jail or prison time, heavy fines, and restrictive probation, but you will have a permanent criminal record that can hamper future opportunities in terms of jobs, housing, advanced education, and eligibility for professional licenses, such as for teaching, nursing, pharmacy, real estate, piloting, and more.
When faced with such charges, you need skilled and dedicated legal representation to give you the best chance of an optimum outcome. At Seibert Law Firm, we have been defending clients against such charges since 2009. Our team provides one-on-one legal representation in which you will directly interact with an attorney throughout the course of your legal process. We provide guidance and counsel so that you can make informed decisions about your case. We will be by your side every step of the way protecting your rights and pursuing your best interests.
Drug Crimes in South Carolina
Drug crimes in our state are outlined under Title 44 Chapter 53 of the South Carolina Code of Laws.
Drug crimes in our state can include:
- Simple possession
- Possession with intent to sell
- Possession of drug paraphernalia
South Carolina lists illegal drugs under Schedules as provided by the South Carolina Department of Health and Environmental Control. These drugs range from cocaine, LSD, and fentanyl to heroin, methamphetamine, Ecstasy, marijuana, OxyContin, Adderall, Percocet, and more. How you are charged and the penalties you will face will depend on the type of drug found in your possession, its quantity, your previous convictions, and other “aggravating” facts and circumstances. These can include possession with intent to distribute or purchase of drugs near a school or park.
For example, you can be charged with a misdemeanor for possession of one ounce or less of marijuana punishable by 30 days in jail and/or a $200 fine. In a repeat offense, you can face up to a year in jail and a fine of up to $2,000. More serious crimes, such as distribution or trafficking are charged as felonies punishable by as much as 25 years in prison and fines of up to $200,000.
Possession of cocaine of one gram or less is charged as a misdemeanor carrying up to three years in jail and/or fines of up to $5,000. Possession means either finding cocaine on your person or “constructive” possession which means finding it somewhere that is under your control, such as your home or car. Subsequent offenses carry much steeper penalties.
Prescription fraud of such drugs as Vicodin, OxyContin, Adderall, and others is also charged according to the circumstances of your arrest. First offenses are generally charged as misdemeanors carrying up to two years of jail and/or a fine of up to $500 while second and subsequent offenses can result in up to five years in prison and fines of $2,000.
Our firm has defended many individuals accused of drug crimes in and around Charleston. It is important to note that the prosecution must prove your crime beyond a reasonable doubt. This involves proving every aspect of the crime as defined under the law.
In applicable cases, we can also refer clients to diversion programs, such as Drug Court. These programs allow nonviolent offenders to undergo drug treatment and rehabilitation as opposed to punishment. You must comply with all requirements set forth by the court, such as staying off drugs, attending drug education classes and counseling, and meeting all other demands of the court supervising your case.
To learn more about your case and potential options, schedule your free consultation with one of our attorneys today.