Possession with intent to distribute charges result when a person has up to 10 pounds of marijuana in their possession. No matter the details of your case whether you had a quantity of a drug that was only slightly above the legal threshold for PWID or way over, whether it was your first offense, second offense, or fifth offense, you need to have an experienced criminal attorney by your side. More than 10 pounds of marijuana is charged as trafficking, and the potential penalties are: 10-100 pounds. Attorney Masella is skilled in criminal defense and can help you explore different strategies to fight your drug charges. The circumstances of a drug trafficking charge are more severe and complicated than most people would like to admit. In fact, you don't even have to have the intent to sell, distribute, or transport the drugs to be arrested.
Even if you're guilty, you've still got justified hope a talented drug defense lawyer can preserve your future and your freedom. A consultation with an experienced Charlotte drug trafficking defense attorney can assist you when you have been accused of a felony. The above list is not all-inclusive and does not include sentencing information for those with a past criminal history, or those found in possession of amounts higher than those listed above. In an effort to explain Arizona's complex drug laws, we offer a free confidential consultation to discuss Arizona drug trafficking charges and how a drug trafficking lawyer impact your specific case. Protecting your rights when facing drug charges in Columbia and Charleston. Instead, the only thing that matters when it comes to South Carolina drug trafficking charges is the amount of a particular controlled substance in a defendant's possession, in accordance with the amounts specified in South Carolina Code of Laws §44-53-370(e). We Can Help You Fight Your Drug Charges. Let's take marijuana, for example. 2, 000–10, 000 pounds or 1, 001–10, 000 plants. Because the weight of the drugs is so important, you need to talk with a drug trafficking defense lawyer right away. You can be charged with drug trafficking in SC based on conspiracy, although the amount of drugs that you conspired to traffic must still be greater than the threshold requirement. However, a conviction or bond forfeiture even for a simple possession conviction creates a criminal record and requires automatic suspension of your driver's license. The state courts in North Carolina and the statutes on the books stipulate how the exact drug quantity determines whether or not a charge that would have been possession is elevated to the level of trafficking. This makes the charges and potential penalties even more serious, as the U. S. Attorney's office is prosecuting.
Consider rights violations for motions to suppress. Our criminal defense team will consult with you at the start so you know your legal options and we'll answer your questions throughout the entire legal process. A PWID charge with marijuana possession is a felony drug charge in SC. Every drug case is unique, and the charges and possible punishments span a wide range of severity. You may have several steps to take to avoid a conviction for drug trafficking, so read on for more information. Even if the traffic stop is lawful police cannot search your vehicle without consent or a valid legal basis. What Other Drug Crimes in South Carolina Can I Be Charged With?
Another Hail Mary tactic that your attorney may use to help you beat drug trafficking charges is to argue that the prosecution failed to provide sufficient proof that the substance found in your possession is, in fact, an illegal controlled drug. According to your Miranda rights, you have the right to an attorney—and you need one well-equipped to handle your case. When you were not aware of the drugs and you had no control over them, you won't meet the definition of possession and should not be held accountable for other's actions. We can also investigate if law enforcement violated your constitutional rights or did not have probable cause or a warrant to search your person, vehicle, or home. Here are some of the minimum amounts that constitute trafficking charges in SC for common drugs: - Marijuana: any amount greater than 10 lbs. Although it might sound unbelievable, you can be charged and convicted with trafficking and distribution (sales) merely because of the weight of the drugs you're charged with possessing. The phrase "drug trafficking" may conjure images of narco-traffickers, loading a small airplane with bricks of cocaine or heroin, with assault rifles casually hanging from their shoulders.
However, even though trafficking marijuana does not carry penalties as severe as trafficking other more serious drugs, you can still face imprisonment for trafficking marijuana. How Is Drug Trafficking Proven? Defenses include: The Search Was Not Legal. These various penalties are detailed in the South Carolina Code of Laws. Four (4) most Common Defenses. South Carolina law views trafficking as a violent offense and jail time for convictions is mandatory. Or, if you prefer, click one of the links below to jump directly to the drug in question. Defense attorneys work tirelessly to help you achieve the best outcome possible.
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