From the moment an arrest occurs, drug distribution charges can place your freedom, career, and reputation at risk. In South Carolina, prosecutors rely on broad statutory definitions and linking defendants to large-scale operations even when the evidence is thin. A person may face distribution charges for transferring, selling, delivering, or attempting to deliver a controlled substance. A completed transaction is not required, and merely possessing certain quantities can create a presumption of the intent to distribute.
If you have been accused of this crime, contact the Greenville drug distribution lawyers at Ellis Hinton, LLC. Our drug attorneys understand the complexities of these laws and draw on our years of experience as prosecutors to fight for your future.
Drug distribution charges are primarily governed by South Carolina Code Annotated § 44-53-370, outlining unlawful acts involving controlled substances. Laws relating to distribution rather than simple possession target activity associated with transferring drugs to another person. Prosecutors often rely on circumstantial evidence to argue drugs were intended for sale, including packaging materials or the presence of large quantities.
The schedule of a controlled substance affects the potential penalty for distribution charges. Distribution of Schedule I or II narcotics are treated more severely than offenses involving prescription medications or lower scheduled substances. Repeat offenses can also lead to increased sentencing exposure under the same statute.
Law enforcement will use tools including surveillance evidence and confidential informants during their investigations. An experienced Greenville defense attorney can scrutinize the reliability and constitutional compliance of these methods in your drug distribution case.
Defending against a drug distribution charge involves challenging the evidence and the procedures used to obtain it. If police exceeded the scope of a warrant or lacked probable cause, the resulting evidence could be suppressed under the Fourth Amendment concerning unlawful searches and seizures.
Another defense involves disputing the intent element of the crime. Possession of a certain quantity of a controlled substance does not automatically mean a defendant planned to distribute it. A skilled Greenville attorney can present evidence that the drugs were either in a shared space, belonged to someone else, or was for personal use, nos distribution. Entrapment is another argument that can be used when law enforcement pressures an individual into conduct they would not have otherwise engaged in.
The penalties associated with distribution depend on many factors, including the type and amount of controlled substance involved. For Schedule I and II drugs such as cocaine, heroin, or fentanyl, distribution is typically punished as a felony. First offenses can carry up to 15 years in prison, with subsequent convictions often resulting in even higher sentences under S.C. Code Ann. § 44-53-370(b). If large quantities of controlled substances are involved, prosecutors may attempt to reclassify the distribution charges to trafficking, which carries mandatory minimum terms.
Other circumstances such as proximity to a school or playground can also increase sentencing for alleged distribution under S.C. Code Ann. § 44-53-445. In these cases, years can be added to a sentence regardless of the presence or involvement of a minor. Longer-term consequences can include loss of employment opportunities, restrictions on financial aid, and immigration complications for non-citizens. A lawyer in Greenville could explain the alleged drug distribution charges and their penalties.
A conviction for drug distribution can alter every aspect of your life. Seeking a Greenville drug distribution lawyer early can make a meaningful difference in preserving evidence and challenging improper police conduct. At Ellis Hinton, LLC, we understand how drug cases are built from the inside out, and we can use that knowledge to protect your constitutional rights.
If you are facing drug distribution charges, do not hesitate to seek help. Our team of lawyers is ready to discuss your case and pursue the best possible outcome.
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