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The threshold weight for trafficking in heroin is four grams or more – a relatively small amount – and it includes "any morphine, opium, salt, isomer, or salt of an isomer thereof, " including: - Heroin, - Morphine, and. Defending against drug charges in South Carolina. Cocaine Base (Crack). The weight figures into sentencing, too.
How Can a Criminal Law Attorney Help? Trafficking Cocaine. Reach out online for a free consultation. How to beat a drug trafficking charge in south carolina 2022. Other issues that come up with some regularity involve the police use of drug informants. The first step in defending yourself is calling the Goolsby Law Firm. Although the use of marijuana is legal in some states in the United States, in South Carolina it's still unlawful to manufacture, possess, transport, or distribute marijuana for any purpose. Ultimately, a prosecutor decides whether to pursue legal charges, the defendant is indicted and goes through the court system.
The law states that officers can't search your property without probable cause to believe that you're committing an offense. What can a criminal defense attorney do for your drug trafficking charge? Chief Magistrate: Mark C. Edmonds. How to beat a drug trafficking charge in south carolina 2019. The severity of a drug possession sentence generally depends on three factors: the drug involved, the amount involved and whether the offender has previous drug convictions. Upon hearing the term "drug trafficking, " some may presume this means someone was charged for transporting illegal substances. Varying Consequences for Different Substances. Whether an informant passed along information in your case or whether your vehicle was pulled over by a police officer, how evidence was gathered, ceased and stored can evaluate the strength of the case against you. The attorney can use this effective defense when the CI is teaming up with law enforcement in putting heavy pressure on you to traffic drugs. Four (4) most Common Defenses.
If the amount is one ounce or more, the charge is possession with intent to distribute, which carries a prison term of up to five years for a first offense, up to 10 years for a second offense and five to 20 years for a third offense. Police officers have to follow strict rules when it comes to searching a citizen's home. 14-28g heroin trafficking charges bring you 7. Possession of drugs in the proximity of a school. Case in point, the North Carolina Controlled Substances Act states that if you're caught with more than 10 pounds of marijuana, it's considered drug trafficking. Drug trafficking is the most serious drug charge in SC. Or, if you prefer, click one of the links below to jump directly to the drug in question. Drug Trafficking Defense Lawyer in Lexington | Free Consultation. You can choose to sit down with an investigator and provide important information about another individual that the police have been after for a long time. Note that trafficking charges in SC can be based on possession, distribution, manufacturing, cultivation, purchasing, helping someone else to do any of the above, attempting to do any of the above, or conspiring to do any of the above, as long as the weight of the drugs in question exceeds the threshold amount.
A. also aggressively defends clients against other criminal charges, including assault, arson, kidnapping, and charges against college students. To schedule an in-office consultation about your case please contact one of our dedicated attorneys, who serve many areas of South Carolina. Apply case law and statutes for a personalized and well-thought-out defense. First, you should know your rights before and during your arrest. What Is Possession With Intent In SC? | Drug Defense Lawyers. The laws surrounding drug use in North Carolina are complex, your best chance to beat or mitigate charges lies with a qualified drug defense attorney. There are three overarching types of drug crimes. Testing Was Inaccurate.
Typically, once the police confiscate the substance, they send it to the lab for testing. There are three tiers of drug crimes in nearly every state, including SC: The lowest level is known as "simple possession". Here are examples of penalties for crimes involving certain controlled substances: - Marijuana — Possession of less than one ounce earns up to 30 days in jail for a first offense and up to one year for a second offense. Section 1983 of the Civil Rights Act: allows you to sue the government for civil rights violations committed against you. In most cases, however, it is something else entirely. South Carolina law requires police to video record DUI stops. In addition to the drugs found in your possession, the prosecution will use witness testimony of drug trafficking to establish evidence or indicia of sale, such as scales, ledges, drug baggies, and large sums of cash. How do you beat a drug trafficking charge. For a first offense of possession of between 10 and 100 lbs, the minimum penalty is one year and up to 10 years in prison as well as up to $100, 000 in fines. Because various controlled substances are categorized into different penalty classes, the weight of the drugs found by law enforcement will determine whether it's a drug trafficking offense. If, for instance, the drugs were intended for personal use, the drug charge against you will be simple possession and not a PWID charge. Drug-related crimes are among the most common reasons for arrests in nearly all Charlotte metro towns.
Trafficking in Methamphetamine, or Meth, also carries the same potential penalties and has the same threshold weights as powder cocaine and cocaine base and is found in Section 44-53-375. While you're rightfully worried about the situation's outcome, you must take the necessary steps to ensure a better result in the drug trafficking charge. Any piece of evidence can be crucial in helping prove your innocence, so it's necessary to ensure that they gather as much evidence as they possibly can for your case. What Are South Carolina Drug Trafficking Laws. It's important to understand exactly what trafficking is, as well as the possible penalties if you find yourself arrested and charged with this offense. With aggressive and timely legal help, it's certainly possible to launch a successful defense against a drug trafficking charge. Even within the category of drug trafficking, there are "levels" based on drug weights, with the potential penalties increasing as the numbers get higher. At TF Law, our skilled criminal defense lawyers have defended people who have been charged with drugged driving and other drug crimes and we can help you beat your charges and avoid them from going into your criminal record. Over one ounce of marijuana but less than 10 ounces of marijuana results in: - 1st offense results in 0-5 years imprisonment and/or a heavy fine of $0-5k. Note that there's a difference between drug trafficking and intent to distribute.
Any person who uses or sells drugs can potentially be charged with drug trafficking in SC if they are found in possession of more than the "threshold weight" for criminal trafficking charges. For example, you helped someone traffic a sizable amount of drugs, but you were not found to have said drugs in your possession. Over 1 gram, but less than 28 grams results in: - A 1st offense results in 0-15 years and/or a heavy fine of $0-25k. Additionally, drug trafficking can be prosecuted federally if there was a large amount of the illegal substance, if the case included any other federal criminal law such as money laundering or if a federal officer led the investigation or even arrest.
This is true even if the defendant has no prior trafficking or cocaine charges. Used drug dogs to investigate the evidence. Possible defenses in drug crimes include: - Lack of evidence: The state must prove beyond a reasonable doubt that you are guilty of the crimes you are charged with, and they must provide evidence to support that proof. We're prepared to handle any drug trafficking charges, including the following controlled substances: | || |.
After you've gathered all the evidence you'll need in court, you and your attorney now need to build a strong defense. Shockingly, in South Carolina, you can be convicted of drug "distribution" or even "trafficking" charges just due to the weight of drugs you're caught with. Gamma hydroxybutyric acid (GHB): 50 milliliters or more. The possible sentence for possession with the intent to distribute depends on four main factors: 1) Whether the amount of the drugs seized was over the Arizona statutory threshold amount; 2) The type of drug that was allegedly being sold; 3) Whether any criminal charges in addition to the drug trafficking charges are being alleged; and 4) Whether the person has any prior criminal history.
The officers are also not allowed to search you unlawfully. According to state law, an individual can be charged with drug trafficking if he or she is found with drugs either at or over the following amounts: - 10 pounds of marijuana. Lysergic acid diethylamide (LSD): 1 gram. The Kent Collins Law Firm has extensive experience dealing with drug cases in South Carolina for clients like you and your loved ones.
Before heading to the courtroom, your defense lawyer will arrange for any witnesses to call to the stand, sort through the evidence to present in court, and inform you of your plea. Any prior criminal history. At TF Law, we've helped many people navigate the court system under allegations of various serious drug charges. Upper Township Magistrate. The first step to take after being arrested for drugs or put under investigation for drug crimes is to make sure you have an experienced and knowledgeable defense attorney on your side. Passengers are not typically in this position, that authority is usually held by the drive or owner of the vehicle. A fine up to $5, 000. To be charged with drug trafficking in South Carolina, however, you don't necessarily have to be transporting drugs illegally—you could be charged for just having drugs in your possession. It is clear that not all individuals charged of drug crimes are actually guilty of those crimes. Call today for a free consultation with a drug charges lawyer.
Other first-time trafficking penalties include: When you are facing drug trafficking charges, or you realize you are under investigation by local or federal authorities, the first thing you should do is remain silent. Can Drug Trafficking Charges be Reduced? That legal standard is called reasonable suspicion and it means that the police must have observed some type of traffic infraction to lawfully conduct that traffic stop. The amount of the drugs alone isn't sufficient evidence to warrant a PWID conviction – the prosecution must prove that you had the intent to distribute the drugs. Simple possession of one ounce or less of marijuana is considered a misdemeanor in South Carolina. A drug trafficking lawyer in South Carolina could explain what repercussions a particular charge might result in during a private consultation. What Are the Largest Counties and Courts for Criminal Cases in South Carolina? Trafficking marijuana greater than 100 pounds carries a mandatory twenty-five year sentence, and the potential fines increase in stages up to a $200, 000 fine for 10, 000 or more pounds or 10, 000 or more plants. More than 10, 000 pounds or 10, 000 plants. The reduced charges significantly differ from the three years minimum prison time you'd have faced to a slap on the wrist like probation.
For many people, there is confusion surrounding the different charges related to drug possession. For prosecutors in West Palm Beach, Florida, to sufficiently prove drug trafficking, they must prove that the defendant was in possession of a sufficient amount of the controlled substance. A Former Prosecutor Fighting For Your Rights. Examples of rights violations include: - Unlawful search and seizure. Before you head to court, your lawyer will determine who will be called to the stand, what evidence to present, and how you should plead. Through our complete investigation, we will help put up the best criminal defense and fight to protect your rights. Authorities frequently use informants in drug trafficking charges generating deals with those who have provided information in exchange for information that leads to other arrests.