Drug Crimes & Charges in South Carolina

South Carolina Drug Lawyer

Drug Lawyer, Columbia & Lexington SCThe Michael Jeffcoat Firm is committed to defending people who are accused of drug crimes (possession, distribution, manufacturing, and trafficking) by fighting to protect their constitutional rights, their reputation, and their freedom.  The penalties for drug crimes are outrageously severe because of our Government’s “War on Drugs.”  Many drug crimes have mandatory minimum sentences and high maximum sentences.

Those accused of a drug offense deserve a lawyer who is knowledgeable on the law, experienced in the courtroom, and understands the procedures used by police and prosecutors to obtain a conviction.  Hiring a criminal defense lawyer is an important decision that should not be based solely on an advertisement.  Please review our qualifications and experience and contact us about scheduling a free and confidential case review.

***“Please note that any result achieved on behalf of a client in one matter does not necessarily indicate that similar results can be obtained for other clients.”

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DRUG CASES WE HANDLE

  • Possession
  • Possession with the intent to distribute (PWID)
  • Distribution
  • Manufacturing
  • Trafficking
  • Conspiracy and attempt
  • Unlawful disposal
  • Marijuana, Controlled substance (prescription pills), Crack cocaine, Heroin, Methamphetamine, and Pseudoephedrine, Alprazolam, Clonazepam; Oxy, and Paraphernalia

AGGRESSIVE REPRESENTATION

  • We can immediately begin your defense by sending a letter of representation (do not talk to my client letter) to the police and prosecutor and by filing a motion for discovery (a request for all of the information that the Government will try to use against you).
  • Prompt and personalized service with an emphasis on communication about your case.
  • Every case is carefully reviewed, discussed, and prepared for the best defense possible.
  • Bond hearings
  • Court appearances
  • Preliminary hearings
  • Negotiation of charges
  • Motion hearings
  • Plea hearings
  • Trials
  • Appeals 

FREE LEGAL EVALUATION OF YOUR CASE

  • Attorney Review: You will meet with a drug lawyer with years of experience defending serious drug crimes.
  • Your Case: Discuss the facts of your case with a drug lawyer. It is important to be honest with any drug lawyer, so he can assess the strengths and weaknesses of your case in light of the circumstances surrounding the charges. Remember, this is a confidential consultation.
  • Rights & Penalties: Learn about your rights, court procedures, the sentencing range of the drug charge(s) if convicted, available defenses, and collateral consequences. If you retain an experienced drug lawyer at our firm, we will get right to work on your defense strategy.
  • FREE: All legal consultations are free and confidential with any drug lawyer at our firm.

COMMON DEFENSES

  • PROBABLE CAUSE: The standard for an arrest is probable cause, which is defined in terms of facts and circumstances sufficient to warrant a prudent man in believing that the suspect had committed or was committing an offense.  A warrant is supported by probable when, given the totality of the circumstances set forth in the affidavit, there is a fair probability that contraband or evidence of a crime will be found in a particular place. The absence of probable cause is an excellent defense to drug charges when supported by the facts surrounding your arrest.
  • FALSE CONFESSION: According to the data collected by the Innocence Project, more than 1 out of 4 people who were wrongly convicted and later exonerated by DNA evidence made a false confession or incriminating statement.  The factors that contribute to a false confession include: duress; coercion; intoxication; diminished capacity; mental impairment; fear of violence; ignorance of the law; actual infliction of harm; and the threat of a harsh sentence.
  • EYEWITNESS MISIDENTIFICATION:  The Innocence Project has found that eyewitness misidentification is the greatest contributing factor to wrongful convictions proven by DNA testing; playing a role in more than 70% of these convictions.  Eyewitness misidentification is a significant problem because it is incredibly persuasive evidence and, as science has proven, is often unreliable.
  • ALIBI: Alibi is defined as “elsewhere; in another place.”  For example, it is impossible for the Defendant to have committed the crime because the evidence proves that he was in another place at the time the crime occurred.
  • MERE PRESENCE:  Mere presence is generally applicable in two circumstances.  First, in instances where there is some doubt over whether a person is guilty of a crime by virtue of accomplice liability, the trial court may be required to instruct the jury that a person must personally commit the crime or be present at the scene of the crime intentionally, or through a common design, aid, abet, or assist in the commission of that crime through some overt act.  Secondly, mere presence is generally an issue where the state attempts to establish the defendant’s possession of contraband because the defendant is present where the contraband is found.  In such cases, the trial court may be required to charge the jury that the defendant’s mere presence near the contraband does not establish possession.

Other defenses to drug charges in South Carolina may include Entrapment, Police Misconduct and Double Jeopardy. If you are facing any of these charges, contact an experienced drug lawyer at the Jeffcoat Law Firm.

POSSIBLE PUNISHMENT AND PENALTIES

  • Jail / Prison time
  • Fines and fees
  • Possible loss of gun ownership
  • Possible loss of the right to vote
  • Possible loss of student scholarships

SOUTH CAROLINA STATUTES PERTAINING TO DRUG CRIMES

For information, please refer to the South Carolina Code of Laws.

  • 44-53-40.Obtaining certain drugs, devices, preparations or compounds by fraud, deceit, or the like.
  • 44-53-190.Schedule I.
  • 44-53-200.Tests for inclusion of substance in Schedule II.
  • 44-53-210.Schedule II.
  • 44-53-220.Tests for inclusion of substance in Schedule III.
  • 44-53-230.Schedule III.
  • 44-53-240.Tests for inclusion of substance in Schedule IV.
  • 44-53-250.Schedule IV.
  • 44-53-260.Tests for inclusion of substance in Schedule V.
  • 44-53-270.Schedule V.
  • 44-53-360.
  • 44-53-365.Theft of controlled substance; penalty.
  • 44-53-370.Prohibited acts A; penalties.
  • 44-53-375.Possession, manufacture and trafficking of methamphetamine and cocaine base and other controlled substances; penalties.
  • 44-53-376.Disposal of waste from production of methamphetamine; penalty; emergency or environmental response restitution
  • 44-53-378.Exposing child to methamphetamine
  • 44-53-380.Prohibited acts B; penalties.
  • 44-53-390.Prohibited acts C; penalties.
  • 44-53-391.Unlawful to advertise for sale, manufacture, possess, sell or deliver, or to possess with intent to sell or deliver, paraphernalia.
  • 44-53-395.Prohibited acts; penalties.
  • 44-53-398.Sale of products containing ephedrine or pseudoephedrine; penalties; training of sales personnel.
  • 44-53-420.Attempt and conspiracy; attempt to possess; penalties.
  • 44-53-445.Distribution of controlled substance within proximity of school.
  • 44-53-450.Conditional discharge; eligibility for expungement.
  • 44-53-460.Reduced sentence for accommodation offenses.
  • 44-53-470.”Second or subsequent offense” defined.
  • 44-53-475.Financial transactions, monetary instruments, or financial institutions involving property or proceeds of unlawful activities in narcotic drugs or controlled substances; penalties.
  • 44-53-520.
  • 44-53-530.Forfeiture procedures; disposition of forfeited items; disposition of proceeds of sales.
  • 44-53-1530.Possessing anabolic steroids without a prescription, or prescribing anabolic steroids, by non-practitioner, pharmacist, or veterinarian unlawful; penalties.

RELEVANT TERMS:

  • Confidential informant (CI)
  • Narcotics
  • Conspiracy
  • Accomplice
  • Violent
  • Serious Offense / Most Serious Offense