Being charged with a drug offense can lead to heavy consequences including fines and imprisonment. A knowledgeable criminal defense attorney could protect your rights in criminal court.
Do not wait to schedule a consultation with an experienced Spartanburg drug lawyer. The attorneys at Ellis Hinton have an in-depth understanding of the legal system serving previously as federal and state prosecutors. We offer strong advocacy throughout your criminal proceedings.
There are several types of drug offenses that can be charged by the prosecutor if you are found using or possessing illegal substances. South Carolina Code Section 44-53-370 details various criminal charges regarding drug charges in South Carolina. The three primary drug offenses include possession of a controlled substance, possession with intent to distribute, and trafficking of a controlled substance.
If you are found to have illegal substances on your person, you may be charged with possession of a controlled substance. When a prosecutor determines that a possession of a controlled substance charge is warranted, it is typically because the amount of the drug possessed is minimal and likely only for personal use. Possession of a controlled substance is usually a misdemeanor, which can result in up to three years in jail and payment of a fine.
A prosecutor may charge you with possession with intent to distribute if a large amount of drugs is found in your possession. The amount of drugs found would be such as to not be just for personal use, but enough that it could be sold to someone else. Along with the drugs, often bags or scales are used as evidence that the drug was being sold to someone else.
This offense is usually considered a felony with harsher penalties, including significant incarceration time and a hefty fine. If you are convicted of a felony, you may also lose your right to vote or possess a firearm.
Trafficking of a controlled substance is when a large amount of drugs is sold or transported. This offense has the most severe punishment of the three drug convictions and is also charged as a felony. Significant fines and incarceration time are often a punishment for someone convicted of trafficking a controlled substance.
Our reliable Spartanburg attorneys could use their many years of professional experience as prosecutors to explain each drug offense you are charged with and any possible penalties during your consultation.
If you are convicted of a drug charge, the court may impose a range of penalties, including community service, fines, or imprisonment. The penalty for your drug charge will vary based on the illegal substance and the amount you allegedly had in your possession.
For example, if you are charged with a first offense of minor possession of marijuana, under South Carolina Code Section 44-53-370(b)(5) you may face a fine of $200 and 30 days in jail. However, South Carolina Code Section 44-53-370(e)(1)(a) provides that if you are found guilty of trafficking 10 or more pounds of marijuana but less than 100 pounds, you could face between one year and 10 years of imprisonment. No part of the sentence may be suspended, and probation cannot be granted. You may also be given a fine of $10,000.
Each drug case is unique and has its own set of facts and challenges. Our well-versed drug lawyers in Spartanburg could advise you of your rights and help you navigate the complex legal system, providing the professional guidance you need.
Penalties for a drug charge can vary significantly depending on the type and amount of illegal substance in your possession and your prior criminal history. Contact a Spartanburg drug lawyer after you are charged, and do not delay building a solid defense.
Sloan Ellis and Brandi Hinton have collective experience in the legal realm as former federal and state prosecutors and could use their knowledge and professionalism to your advantage. Call Ellis Hinton today for more information and to schedule a free initial consultation. We are based in Greenville, servicing SC and beyond.
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