Law enforcement and prosecutors aggressively pursue drug offenses, which can carry severe long-term penalties. Drug possession is an extremely serious crime, with potential penalties including jail time, substantial fines, and a permanent criminal record.
A skilled Spartanburg drug possession lawyer will investigate the specifics of your arrest to identify procedural flaws. A criminal defense attorney can also challenge evidence obtained through illegal traffic stops, searches conducted without a warrant or probable cause, contest drug analysis reports, and seek to suppress statements made during unlawful or coercive interrogations.
To secure a conviction for a drug possession charge, the prosecutor must prove numerous following elements beyond a reasonable doubt. The prosecution must present evidence, typically through crime lab analysis and expert testimony, that the substance seized is an illegal drug or a controlled substance as defined by state or federal law.
Possession can be either actual or constructive. Actual possession means the drugs were found physically on the person, such as in a pocket or hand. Constructive possession means the drugs were not on the person but were in an area under their dominion and control (e.g., in their car, home, or a locked container), and the individual had the ability to control them.
Next, the prosecutor must show that the defendant had knowledge of the drug’s presence: The defendant must have known that the substance was present and that it was an illegal drug or controlled substance. Ignorance or accident can be a defense, as the law requires the possession to be knowing or intentional. The prosecution must also establish that the defendant did not have a valid prescription or other legal authorization to possess the substance.
The severity of the charge often depends on the weight of the drug found. Simple possession generally involves small amounts intended for personal use. However, possession with intent to distribute can be charged when weights exceed a specific threshold (e.g., more than one gram of cocaine or one ounce of marijuana).
Prosecutors may also use evidence like scales, baggies, or large amounts of cash to prove intent. Drug trafficking involves much larger quantities (e.g., more than 10 grams of cocaine or 10 pounds of marijuana) and carries mandatory minimum sentences. Because these elements are complex, a Spartanburg attorney is essential to challenge the state’s evidence and protect your constitutional rights in a drug possession case.
Penalties for drug possession are determined by the type of substance (Schedule I-V), the quantity, and the offender’s prior criminal history. Possessing amounts above certain thresholds may lead to a possession with intent to distribute charge, which is a felony with penalties reaching up to 15 to 30 years for narcotics.
Large quantities trigger trafficking charges, which often carry mandatory minimum prison sentences ranging from one to 25+ years. Possession or distribution within a half-mile radius of a school, park, or public playground can lead to additional fines and prison time. Do not wait to contact a Spartanburg attorney for help fighting your drug possession charges and potentially mitigate the worst consequences.
Possession of 28 grams (one ounce) or less of marijuana is typically classified as simple possession.
Possession of these hard drugs carries significantly harsher penalties, even for first-time offenders. For possession of cocaine/methamphetamine (1 gram or less), penalties are as follows:
Possession of heroin/LSD (2 grains or less) as a first offense is a misdemeanor, carries up to two years in prison, and a fine of up to $5,000. A second or subsequent offense is a felony, carrying up to 5 years in prison and a fine ranging from $5,000 to $10,000.
This includes MDMA (ecstasy/Molly) and prescription drugs without a valid prescription:
The severity of a drug possession charge and punishment depends heavily on the type and quantity of the drug, whether it is a first offense, and whether intent to distribute is involved. A Spartanburg drug possession lawyer can work to negotiate your charge down or, in some cases, get the charges dropped entirely.
The right line of defense will depend on the unique facts of your case. Contact the experienced defense attorneys at Ellis Hinton, LLC to request your case consultation.
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