Drug Charges
Practice Areas
Drug Charge Lawyer Greenville, SC
All drug offenses in South Carolina come with substantial criminal penalties. As a result, if you face a drug possession felony or other drug crime charge, it is critical that you retain the services of an experienced Greenville drug defense attorney to represent you throughout your case. A competent drug crime lawyer can help you protect all of your legal and constitutional rights while your case is pending. Your legal team also helps you develop legal defenses to your drug accusation, negotiates a good plea deal with the prosecution, or vigorously represents you if your case goes to trial.
At AnneMarie Odom Law, we understand the severity of the consequences that come with a drug crime charge of any kind, whether it’s simple possession or something more severe like drug trafficking in South Carolina. As a result, we make sure to offer the best Greenville criminal defense to all of our clients to avoid or otherwise reduce the harsh penalties for drug charges in South Carolina. Contact AnneMarie Odom, top Greenville drug charge defense attorney, right away to get straight to work on your defense.
Types of Drug Crimes
There are many different classifications that your drug charge might fall into, and each one determines the severity of the potential penalties that may follow. Drug offenses in South Carolina may be categorized into one or more of the following categories:
- Drug Possession Crimes – When drugs are located in a motor vehicle, residence, or other area within the defendant’s immediate reach or presence, the defendant may be charged with actual or constructive drug possession in South Carolina.
- Drug Distribution – The crime of manufacturing drugs, selling, delivering, or importing illegal drugs or substances is considered drug distribution in South Carolina. Unlawful controlled substances include marijuana, cocaine, heroin, and methamphetamine, to name a few.
- Drug Possession with Intent to Distribute – If the narcotics are discovered in large enough quantities to suggest the defendant planned to sell or distribute them, they may receive a SC possession with intent to distribute charge.
- Drug Manufacturing – Growing and making illegal drugs for either distribution or personal use may lead to drug manufacturing charges in South Carolina.
- Drug Trafficking Crimes – The seized drugs weighed a specific amount.
- Drug Conspiracy Charges – Two or more people agree to engage in a criminal operation, such as selling or distributing drugs in an open-air drug market, either explicitly or implicitly.
Individuals may also be charged with attempted drug offenses if they had intent to commit a crime but were unable to carry out the act due to a variety of factors. Drug crimes may be tried in both state and federal district courts in South Carolina.
Drug Possession SC
Marijuana, methamphetamine, cocaine/crack, and heroin are the most prevalent illegal narcotics that may result in a drug charge and thus, require the assistance of a Greenville drug lawyer. Individuals may also face charges for illegally possessing or using restricted substances or prescription drugs like Xanax, Oxycontin, or Alprazolam.
In South Carolina, drug possession is generally a misdemeanor. 30 days in jail may be a possible consequence of possessing an ounce or less of marijuana. However, the type of drug and number of offenses is taken into account. For example, possession of other drugs, such as cocaine, can result in a much longer sentence.
Possession with Intent to Distribute SC
When someone is found with a larger quantity of drugs, the charge can move up to Possession with Intent to Distribute (PWID). Sentences for PWID charges are longer and vary from drug to drug and depending on the number of offenses.
Drug Manufacturing SC
Involvement in any step of the drug production process may result in a drug manufacturing charge in South Carolina. Drug manufacturing, like drug trafficking, requires the defendant’s knowing possession of a drug or the chemicals required to produce a drug, as well as an intent to manufacture. Growing marijuana, running a home meth lab, or cooking crack cocaine in your kitchen are all examples of drug manufacturing.
Unlike trafficking charges, however, manufacturing charges are not based on the weight of the drugs. Instead, you might be charged with manufacturing drugs if there is evidence that you were making, cultivating, developing, mixing, or cooking the drug. Examples might include:
- Cooking a cocaine base or crack cocaine
- Cultivating marijuana plants
- Producing meth or possessing ingredients or equipment used to cook meth
- Making pills (ecstasy, for example)
- LSD/acid production
- Cultivating psilocybin mushrooms
Drug Trafficking SC
The most important factor in the assignment of drug trafficking charges is the amount/weight of the illegal substance in question. This is because if you have a large supply of an illegal substance, it can typically be gathered that you are preparing to sell it. For each type of controlled substance identified, the amount required to generate a drug trafficking charge varies.
For example, the drug trafficking threshold for marijuana is 10 pounds in South Carolina. However, the threshold is much less for more serious substances. 10 grams of cocaine, 10 grams of methamphetamine, and 4 grams of heroin all set the weight threshold for drug trafficking. There are also increasing penalties for larger quantities, such as 10,000 pounds of marijuana or 15 kilograms of cocaine.
Drug trafficking is always charged as a felony, but the type of substance and any past convictions ultimately determine the severity of the punishment. The majority of drug trafficking crimes include a mandatory minimum jail sentence that is not subject to suspension or probation. The larger the quantity, the harsher the penalty. And for repeat offenders involved in a large drug bust, penalties may range anywhere from a year to life in prison.
Of all the potential drug crimes, drug trafficking often carries the harshest penalties. If you are charged with drug trafficking in South Carolina, you need the representation of an experienced Greenville criminal defense attorney from AnneMarie Odom Law. Having AnneMarie Odom on your side as soon as possible can significantly improve the potential outcome of your case.
Penalties for Drug Crimes in South Carolina
There are two classifications of drug offenses in South Carolina: felonies and misdemeanors. In general, felonies are crimes that carry a sentence of more than one year in prison. Misdemeanors, on the other hand, are usually punished with up to a year in jail, a monetary fine, or both. The type of drug, the amount of the substance, and whether the offender is charged with simple possession, drug sale/distribution, or drug trafficking all influence how the offense is classed. These same factors in addition to the number of prior offenses or convictions also determine penalties.
The following are some of the most common consequences for drug crime convictions in South Carolina:
- Fines
- Time in jail or prison
- Community service
- Probation
- Required attendance at substance abuse treatment programs
In addition to the penalties for a conviction, even for a mere possession charge, the offense will also appear on a defendant’s criminal record and result in their driver’s license being suspended automatically. A conviction can also have long-term consequences for your reputation and career.
The quality of your legal representation impacts the result of your drug case significantly. Greenville drug defense attorney, AnneMarie Odom, is committed to defending her clients’ rights and providing knowledgeable and experienced counsel for those accused or charged with drug crimes in South Carolina.
How To Beat a Drug Trafficking Charge in South Carolina
Police officers get a lot of training in detecting and identifying illegal substances. Their opinions and personal findings, however, cannot be used as viable evidence in court. While police officers may assume that the items they have collected are illegal drugs, they cannot prove this themselves. As a result, a prosecutor’s case frequently rests on analysis of laboratory results.
A skilled Greenville drug lawyer can assist you in contesting the findings of these tests. They may claim the required chain of custody was not followed, the analysts used flawed methods, or the compounds were not unlawful. Simple presence, improper or deficient Miranda Rights warnings, illegal searches and seizures, unjustified traffic stops, no probable cause, bad interrogation techniques used by police officers or investigators, and mistaken identity are some of the other more common defenses to drug charges in South Carolina.
Greenville, SC Drug Lawyer
Drug offenses are extremely fact-specific and require the assistance of a knowledgeable criminal defense attorney with past experience handling these types of cases. A qualified Greenville drug lawyer at AnneMarie Odom Law can help you secure a drug charge dismissal, a charge reduction through a plea bargain with the prosecution, or a reduced penalty upon conviction. To speak with an attorney from our firm about the specifics of your case, call AnneMarie Odom Law at (864) 775-5833 as soon as possible. The quicker you obtain our legal services, the better your chances of a successful outcome.
In every case she handles, Greenville drug defense attorney AnneMarie Odom reviews each piece of evidence the prosecution intends to utilize against her clients. She uses this information to build the strongest defense possible while striving to achieve the most desirable outcome. Contact AnneMarie Odom Law to schedule a consultation to discuss your case and charges today!
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