Mount Pleasant Drug Lawyer

Facing a drug crime charge is a very serious matter. The consequences of being found guilty can be quite severe and may include jail or prison time. In the State of South Carolina, the severity of punishment one receives after being found guilty of a drug crime largely depends on the type and quantity of the drug at issue, the defendant’s criminal history, and whether the defendant has been charged with a felony or a misdemeanor.

If you have been charged with a drug-related offense, you should seek help from a diligent criminal defense attorney. A Mount Pleasant drug lawyer could advocate on your behalf and help you understand your legal rights and options.

Types of Drug Offenses

Drug offenses in South Carolina are classified as felonies or misdemeanor offenses. A felony drug offense carries a potential sentence of more than three years of incarceration for state court (one year for federal court). Misdemeanor drug offenses, by contrast, are punishable by up to three years of incarceration, in addition to fines and other penalties.  However, there are some common law misdemeanors that carry up to 10 years in prison.

A skilled Mount pleasant drug lawyer could review the facts of the case and help build a strong defense.

The common type of drug-related offenses includes:

  • Drug Possession- It is illegal to possess a dangerous controlled substance without a medical prescription. Penalties for doing so vary widely according to the type and amount of CDS at issue.
  • Possession with Intent to Distribute (PWID)- The crime of possession with intent to distribute can be charged if the weight of the drugs found creates a presumption that the drugs were intended for more than just personal use.
  • Drug Trafficking – codified at C. Code § 44-53-370(e) – is similar to possession with intent to distribute but punished more severely due to the greater quantities of drugs involved.
  • Drug Manufacturing- This involves growing, gathering, or producing the ingredients of a controlled dangerous substance.
  • Conspiracy- The crime of conspiracy is when two or more people agree to carry out a criminal enterprise – such as selling illegal drugs.

A skilled Mount pleasant drug lawyer could review the facts of the case and help build a strong defense.

Defending a Drug Charge

There are many ways that a Mount Pleasant drug attorney could help a client make a drug charge go away. Because the state must prove every element of the crime charged beyond a reasonable doubt, throwing any type of uncertainty onto the truth of the allegations could make it impossible for the prosecution to meet that high burden. Possible defenses include:

Illegal Search and Seizure

If police uncover drugs during the course of an illegal search and seizure, the drugs could be excluded as evidence pursuant to the Fourth Amendment to the United States Constitution.

Lack of Possession

A drug possession charge can possibly be defeated by showing that the drugs in question did not belong to the defendant.

Miranda Violation

Someone under arrest must be informed of their right to remain silent. If a “Miranda” warning is not given to someone in police custody, any admissions they make could be excluded from evidence.

Chain of Custody Errors

In a drug crime prosecution, the state is obligated to both preserve the evidence and scientifically prove that it is a controlled dangerous substance. Any errors that take place in the “chain of custody” can potentially be serious enough to undermine a criminal charge.

Contact a Mount Pleasant Drug Attorney Today

There is no such thing as a drug charge that is not serious. That is because being convicted of even a misdemeanor can have very harsh consequences – many of which can negatively impact a person’s future. Contact a Mount Pleasant drug lawyer today to begin reviewing your legal options.