If you’ve been charged with one of the many types of felony drug crime charges in South Carolina, it’s essential to seek the legal representation of an experienced South Carolina criminal defense attorney.
Felony charges are always severe, but with federal drug charges, you may face severe penalties if the prosecution can prove you committed the criminal offense near a minor or a school, and you risk losing your driving privileges for years besides jail time and hefty fines. An experienced felony drug charge lawyer can help you avoid the severe penalties you face.
In South Carolina law, drug abuse describes a variety of drug-related offenses, such as possession of drugs, manufacturing, drug distribution, drug trafficking, or sale of illicit drugs. Many drug crime offenses are felonies. After a conviction, you’ll have a felony drug offense on your public criminal record which can make it difficult to secure a job, negatively impact child custody, and much more.
At TF Law, our Greenville drug crimes lawyers have extensive experience helping drug offenders in Greenville and throughout South Carolina beat their drug charges and we can help you too. Our criminal lawyers know what to do, so you don’t have to worry as you go along. Call our criminal defense law firm today for a free initial consultation at 864-618-2323 about your alleged drug criminal offense.
Defenses For Your South Carolina Drug Crime
To get a conviction on felony drug possession charge in South Carolina, the prosecution has to prove
- You had drugs in your possession
- The drugs were Schedule I or Schedule II substance
- Your drug possession was intentional
You may have a legal defense against the drug charge if the substance wasn’t found on your body. However, if the substance was found near you or in your vehicle or residence, a drug possession charge is trickier for the prosecution to prove and it may come down to tiny details. A skilled drug defense lawyer in Greenville can review the circumstances of your case to determine which facts may allow you to challenge the drug charges against you.
Also, you may have a valid defense if you didn’t know what the illegal substance was, or if it was a prescription drug, including Oxycodone and you had a valid prescription from a medical professional If there are questions regarding what the substance was, you can submit it for scientific testing and confirmation that it was a Schedule I or Schedule II substance. If it wasn’t, your drug possession charge could be dismissed.
Drug cases typically involve questions about police searches and whether the police officers met all legal requirements before searching your residence, body, or car. An experienced Greenville drug possession lawyer who is well-versed in criminal defense can spot weaknesses in the evidence against if they exist and potentially get your drug charges dismissed.
Understanding Constructive Possession vs. Actual Possession
The most crucial thing to remember when dealing with drug possession charges in South Carolina is an understanding that ownership of the illegal substance has little bearing on the question of possession. South Carolina’s criminal drug laws don't consider whether the drugs actually belonged to you or another individual. All the law is concerned with is whether you were in possession of the substance. Under South Carolina law, possession is categorized into two types: actual or constructive possession.
Actual possession refers to an instance where a person has illegal drugs on their person. For instance, a person who has a baggie containing heroin in their pocket is in actual possession of the heroin. Also, a person can be in constructive possession of an illicit drug.
Constructive possession refers to a scenario where an individual has knowledge of the illegal substance and the ability to access that contraband.
How Our Felony Drug Crime Lawyers Can Help
As TF Law, the efforts of our Greenville criminal defense lawyers can help you get the best possible outcome in your drug charge case. However, there are some instances where it's necessary to resolve the case via negotiation instead of simply raising defenses or challenging the evidence.
In these circumstances, other legal options may be available to you that can help avoid a formal felony conviction and minimize the potential penalties. Depending on the details and circumstances of your case, our drug crime lawyers can structure an outcome that will serve your best interests, through the following strategies:
Getting the Drug Charge Dismissed
Our experienced attorneys can make a formal application for your participation in the Pre-Trial Intervention program, also known as the diversion program. Successful completion of the Greenville County drug diversion program may result in the drug court judge dismissing the felony drug charges against you.
Our defense team can present facts and supporting evidence to the judge in the best possible way. Sometimes, our skilled attorneys direct clients to prepare for criminal court by completing specific tasks before appearing in their court hearing.
Avoiding Drug Conviction
Our attorneys will negotiate with the prosecution and the court to secure a withhold of adjudication. This form of disposition can help you avoid a formal conviction. Resolving a felony drug charge via a withhold of adjudication is beneficial. This disposition allows you to truthfully state that you weren't convicted of the drug charge. Besides, that it would allow you to avoid the mandatory license suspension that would otherwise be imposed if you are formally convicted of the felony offense.
Getting Your Criminal Record Sealed
At the end of your drug charge case, we can petition the court to expunge or seal all records related to your arrest. If you qualify for this remedy, it would allow you to truthfully state that you have never even been arrested or charged with any criminal offense.
Contact Our Greenville Felony Drug Charge Lawyer Today for Legal Advice!
If you have been charged with a drug crime in Greenville or anywhere in South Carolina, it's essential to contact an experienced Greenville drug crime attorney who can investigate your case and help you understand your constitutional rights.
Regardless of the drug involved, it's crucial to have a skilled attorney on your side who knows how to approach these life-changing situations. The drug crime lawyers at Touma & Fedalei will fight fiercely to protect your legal rights. To schedule a free and confidential consultation, contact our Greenville defense attorneys today at 864-618-2323.