False drug possession charges are a common problem for people throughout South Carolina. At the Law Office of Mo Abusaft, our experienced legal staff can help.
With attorney Mo Abusaft, individuals facing a drug possession charge will receive the assistance they need and have all their questions answered before meeting with a judge in the courtroom. Our law office handles criminal defense, civil rights, mass torts, and personal injury cases in South Carolina.
If you or a close family member is facing a flawed drug possession charge or any other drug charge, you could benefit from the assistance of attorney Mo Abusaft and his legal staff. To find out how the Law Office of Mo Abusaft can help, give us a call today.
Is Drug Possession a Felony In South Carolina?
Generally, drug possession is considered to be a felony in South Carolina only when it is the second offense for the same crime. This is true for both Schedule I and II narcotics. However, if you are found to be holding Schedule III, IV, or V controlled substances, you will only face a misdemeanor charge, regardless of secondary or subsequent offenses.
The penalties for drug possession are rather serious, and you can face up to two years in jail or up to $5,000 in fines for the first offense of Schedule I or II narcotics. As for Schedule III, IV, or V controlled substance possession, you may face up to $1,000 in fines, as much as six months in jail, or both.
A first offense of cocaine possession, however, can lead to up to three years in prison and as much as $5,000 in fines. Secondary offenses of cocaine possession are usually considered felonies and can lead to $7,500 in fines and up to five years in prison.
What To Expect With a Drug Possession Case In South Carolina
You can expect several stages in the court process when you’ve been charged with drug possession or another crime:
Arraignment
The arraignment is the first courtroom day. The court will determine your drug charge conditions and decide whether you will be required to post bail. Generally, if it is your first offense, you will face a minimal bail amount or will not have to post bail. Larger bail amounts occur for drug trafficking or distribution charges.
Pretrial Conference
There may be many outcomes of a pretrial conference. .The district attorney will offer more details and information about your case. You and your lawyer might make a deal with the district attorney at the pretrial conference and resolve your case quickly. However, you must understand that this portion of the court process is not a trial and won’t necessarily resolve your case.
If you haven’t taken a plea deal, you can review the information and evidence with your lawyer to determine your legal defense options.
Motion
During the motion hearing, your attorney can question the constitutional aspects of the search and seizure conducted by the police. Essentially, your lawyer will try to clarify whether the police broke any laws or violated your constitutional rights when seizing evidence.
Trial
At the trial, your case will be finally resolved. However, there is the possibility that you might be offered a better plea deal as the trial date nears. With an experienced attorney, you have someone on your side to fight for the best possible outcome.
South Carolina Laws Regarding Drug Possession
Drug possession charges can lead to serious consequences in South Carolina. For example, you could end up in jail for up to 30 days if you are caught with an ounce or less of marijuana in this state.
The law in South Carolina requires the state to prove that you were “knowingly or intentionally” holding on to the controlled substances. Further, the prosecution must show that you do not have a valid prescription from a licensed medical doctor.
With the right legal assistance, we can argue that your case has no merit. For example, you might provide evidence that you did not know about the drugs or prove that your physician prescribed the controlled substance in your possession.
Contact the Law Office of Mo Abusaft in South Carolina
Our experienced South Carolina criminal defense attorney will defend you against charges, examining the evidence from your case and investigating any mistakes on the part of law enforcement. The Law Office of Mo Abusaft will work hard on your behalf to get you a favorable plea offer. To learn more about the court process and how a South Carolina attorney can help you in a drug possession case, contact us today.