Like most states, South Carolina has strict drug laws and enforces them aggressively. Even a seemingly minor possession charge might lead to years in jail or prison.
Obtaining a favorable result after you are charged with a drug crime requires the assistance of skilled legal representation. When you are accused of committing a drug crime, reach out to a Pickens County drug lawyer who could craft a vigorous defense for your case. Contact Christopher L. Jones, Attorney at Law, to discuss your situation with a dedicated criminal defense attorney.
Understanding Pickens County Drug Laws
Drug laws are complex. The severity of an offense varies based on the type of substance, its quantity, and whether you have a criminal history. The law also severely punishes drug crimes when the alleged offense occurred near a school or involved a minor.
Some drug possession crimes are considered misdemeanors—the least severe type of offense. Misdemeanor charges usually apply when you possess a small quantity of the drug for personal use. South Carolina deems possessing a larger quantity of drugs a felony. Prosecutors often assume you intend to sell if you possess more than a state-determined amount.
Marijuana Laws in South Carolina
Many states have adopted laws that decriminalize or fully legalize marijuana possession for personal use. South Carolina is not among them. According to the South Carolina Code of Laws § 44-53-370(d)(4), possessing up to one ounce of marijuana or up to ten grams of hashish is a misdemeanor. Conviction for a first-time offender could result in fines and a 30-day jail term. Penalties are harsher for subsequent offenses. Despite increasingly tolerant attitudes toward marijuana use, anyone charged with a crime involving marijuana in Pickens County should retain a seasoned drug defense attorney immediately.
Defenses to Drug Charges
You may not feel like it is worth defending yourself when you are charged with drug possession. Nothing could be further from the truth. Drug charges are often defensible even when the prosecution seemingly has a robust case. Hire a skilled legal professional who could find flaws in the prosecution.
Police Conduct
Police conduct is a critical issue in many drug cases. Generally, police cannot search a home without a valid search warrant. However, there are numerous exceptions such as consent and exigent circumstances, to name a few. Searching a vehicle or a person come with different exceptions as well. Challenging the police’s right to search can result in the dismissal of drug charges. A proactive Pickens County drug attorney, such as Christopher L. Jones, could question whether the police behaved appropriately when you were detained and questioned.
We could also review how the police handled and identified the drugs. Lapses in the proper chain of custody procedures could lead to a drug charge dismissal. We could scrutinize lab procedures and equipment used to weigh and identify suspected drugs for your defense.
Alternatives to Prosecution or Incarceration May Be Available
Many drug offenders, especially those who face possession charges, are drug users. Courts and lawmakers are increasingly aware that incarcerating drug users is not always the best solution and that intervention and treatment might lead to better results over the long term.
A dedicated drug lawyer in Pickens County could negotiate a resolution that avoids jail or prison. When you are a first offender facing a minor drug charge, the judge may allow you to undergo drug treatment rather than sentence jail or prison. Some programs are also available for those with prior convictions or those facing more serious charges.
Although the state authorizes rehabilitation programs, each Solicitor’s office determines whether to offer them. At our firm, we are familiar with the local available options and could help you apply for consideration.
Call a Pickens County Drug Attorney For a Strong Defense
A drug conviction could lead to hefty fines, jail or prison time, and a criminal record. Give yourself the best chance of avoiding these devastating consequences and seek help from a compassionate attorney.
A Pickens County drug lawyer like Christopher L. Jones has the knowledge as a former prosecutor and municipal judge and the skills as an experienced attorney to formulate a winning defense against a drug charge. Call as soon as you are arrested to get an aggressive defense attorney fighting for you.