Although simple possession is the least serious of the three drug charges in South Carolina, convictions can still lead to jail time and fines. If the charges escalate to possession with the intent to distribute or drug trafficking, you may face a felony charge. Any conviction on your criminal record can impact your ability to find a good job, rent an apartment, carry a gun, and vote.
If you are being investigated for drug possession or are about to face trial, do not wait to get the legal representation you are entitled to. A Greenville drug possession lawyer can use their expertise and experience to try and get your charges reduced or dismissed.
Simple Possession
Law enforcement officers will charge someone with simple possession when they find no additional evidence that another crime will be committed, such as distributing or trafficking. Actual possession occurs when law enforcement officers find drugs on the suspect’s person, such as in a pocket or handbag, leaving no question that the suspect knows the drugs are there. Constructive possession occurs when the drugs are not on the suspect’s person, but the suspect should know they are present, and he can exercise dominion and control over the object.
To be charged with simple possession, the amount of drugs the police find on a person at the time of their arrest must be minimal enough to be for personal use. Simple possession of marijuana is considered less than one ounce and is punishable by up to one month in jail or a fine of up to $200. Simple possession of cocaine involves no more than one gram, and a first offense can lead to facing up to three years in prison and a fine of up to $5,000. A second offense is a felony, and penalties escalate. A Greenville attorney could discuss the penalties you may face for drug possession and strategies to try and get them reduced.
Possession With Intent to Distribute
If you are charged with possessing drugs, the severity of penalties depends on the type and weight of the drugs and how they are packaged. Certain circumstances could lead to officers issuing a charge for possession with the intent to distribute (PWID). Charges increase when the amount of drugs found increases above the threshold for simple possession. These thresholds include possessing more than one ounce of marijuana, or more than one gram of cocaine, crack cocaine, or methamphetamine. The threshold for possession with intent to distribute heroin is much smaller amount of 2 grains of heroin, which is about .12 grams. Charges can also escalate if there is other paraphernalia present or the drugs are packaged for sale.
A PWID charge is always a felony. First time offenders can face up to five years in prison and up to a $5,000 fine for the possession with intent to distribute marijuana, and up to 15 years in prison and up to a $25,000 fine for cocaine, methamphetamine, crack, and heroin. Attorney Christopher L. Jones has experience handling drug possession cases in Greenville and could further explain what factors may lead to PWID charges.
A Greenville Drug Possession Attorney Could Work for You
An arrest is not a conviction. All defendants have the right to a fair trial and to present a valid defense. It does not take much for misdemeanor possession of marijuana charges to escalate into a PWID felony if the police find some marijuana packaged in plastic bags.
Fortunately, a determined Greenville drug possession lawyer Christopher L. Jones can put his experience to work on your behalf. Your rights could have been violated, or evidence could be faulty. Call today to get started.
