South Carolina continues to treat crimes, including drug distribution and possession with intent to distribute, as severe felony offenses. Hiring a Spartanburg drug distribution lawyer is critical because these charges often trigger mandatory minimum sentences that judges cannot lower upon conviction.
A drug attorney can thoroughly examine every detail of your case, including police procedures, the evidence gathered, and the circumstances surrounding your arrest, to identify any weaknesses in the prosecution’s case. Our legal team at Ellis Hinton, LLC can challenge any constitutional violations and deploy a defense strategy tailored to the facts of your case.
Drug distribution is defined as the actual, constructive, or attempted transfer (delivery) of a controlled substance, whether for money or simply by giving it away. It does not require a minimum amount of the substance. Distribution typically requires proof of an actual, completed drug sale or delivery, often established through evidence from undercover operations or confidential informants.
A charge of possession with intent to distribute, which carries the same penalties as distribution or manufacturing, can be inferred by law enforcement and prosecutors based on specific factors. This charge applies when law enforcement finds a person in possession of a substance and believes they plan to sell or deliver it. It is often charged based on drug weight or surrounding evidence. Possessing an amount of drugs above a certain threshold weight automatically creates an inference of intent to distribute. The specific weight varies by drug type:
Even if the amount is below the threshold weight, other evidence can be used to prove intent to distribute, such as drugs divided into multiple containers, or the presence of items like scales, ledgers, or a large amount of cash. Text messages, call logs, or witness testimony suggesting an intent to sell or deliver can also be used by the prosecutor to support a drug distribution charge.
Drug distribution is a serious felony offense, which makes it vital to speak with a Spartanburg attorney to secure the best defense for your case early on. In practice, a person can be charged with both drug distribution and possession with intent to distribute if they sell drugs to an undercover officer and are then found with additional drugs and paraphernalia in their possession. The specific circumstances and evidence determine the charges a prosecutor brings.
Drug distribution and possession with intent to distribute penalties are determined by the drug type (schedule), the quantity, and the defendant’s prior criminal history. Penalties for a first offense vary significantly by substance:
Penalties escalate sharply for repeat offenders. For example, a second offense for cocaine distribution carries a mandatory minimum of 5 years and up to 30 years in prison. Beyond prison and fines, a conviction can result in driver’s license suspension, asset forfeiture, loss of certain rights, and disqualification from certain professional licenses or public housing.
A Spartanburg attorney may be able to leverage a range of defense strategies to fight a drug distribution charge. This could involve challenging the legality of the search and seizure to have evidence suppressed, or arguing that law enforcement or informants induced the defendant to commit a crime they otherwise would not have committed.
It may be possible to argue a lack of intent and that the quantity found was for personal use only to reduce the charge to simple possession. Proving the drugs did not belong to the accused or that they were unaware of the presence of the substances can also be a viable defense.
A Spartanburg drug distribution lawyer can negotiate to seek a favorable plea bargain, reduced charges, or alternative sentencing options to minimize the potential damage of a conviction. An attorney will explain the complex legal process, potential penalties, and available options, ensuring you can make informed decisions throughout your case. To schedule your consultation, contact the legal team at Ellis Hinton, LLC today
(864) 775-5775