Columbia Drug Lawyer
There is a trend across the United States to loosen the sentencing guidelines for drug-related crimes and to decriminalize some recreational drug use. However, South Carolina drug laws remain strict and associated penalties for conviction can be devastating.
Drug charges can be either misdemeanors or felonies depending on the type and amount of substance the accused possesses, whether it is for personal use, or selling it on a small scale or trafficking large quantities. If you face charges relating to drug possession, sale/distribution, or trafficking, a Columbia drug lawyer could guide you through the legal complexities of a criminal proceeding. The penalties for these charges can be harsh, so enlisting the services of an accomplished defense attorney could be vital.
Drug Charge Basics
Local drug charges apply to many substances, some illicit and others legal. Some of the most common substances involved are:
- Marijuana
- Cocaine
- Heroin
- Prescription painkillers known as Controlled Substances such as Xanax.
- Methamphetamine
There is also a broad spectrum of related charges, including drug possession, possession of drug paraphernalia, intent to distribute, prescription fraud, and drug trafficking. The penalties for each widely vary depending on the case’s circumstances and can include jail time and monetary fines. A local drug offense attorney could review the unique facts of a case and guide the accused on an appropriate course of action.
Potential Legal Defenses in Columbia Drug Cases
Although drug charges and the penalties attached to conviction are a serious matter, there are several legal doctrines a qualified Columbia drug charges attorney could potentially use in the accused’s defense. For example, law enforcement mistakes or documented legal possession of a controlled substance could lead to an acquittal when an individual has the right lawyer by their side. Other potential defenses an experienced attorney could use include:
Unlawful Search and Seizure
The U.S. Constitution’s Fourth Amendment protects individuals from unreasonable search or seizure. This means that a law enforcement officer must have probable cause to believe that the individual committed a drug offense before searching or seizing their personal property.
In the case of an unlawful search or seizure, any evidence that law enforcement collects during that act is suppressed and may not be used at trial. Without the requisite evidence to demonstrate that an individual possessed drugs, the state may drop charges.
Legal Possession of Substance
There are situations in which the accused may be in legal possession of controlled or otherwise-illegal substances. This may occur when an individual possesses a drug that was legally prescribed to them.
Another narrow scenario relates to medical marijuana possession. Under Julian’s Law, individuals with certain forms of epilepsy who fail to respond to traditional medical therapies and are certified by a South Carolina doctor may possess cannabis that contains 0.9 percent or less of tetrahydrocannabinol (THC).
Chemical Analysis of Substance
To convict someone accused of a drug crime, the state of South Carolina bears the burden of proving that the substance accused of being a drug is, in fact, a drug. This often requires complex crime lab analysis to prove that the substance is what the state alleges it to be, and then crime lab representatives must testify in court as to the substance’s chemical makeup. Without being able to prove that the substance in question is a controlled substance, the state likely cannot succeed in prosecution.
Entrapment by Law Enforcement
Entrapment may occur when a law enforcement officer or a law enforcement informant encourages a person to commit a crime that the individual may not have committed otherwise.
Seek Legal Assistance from a Columbia Drug Attorney
Facing a criminal charge relating to a controlled substance can be daunting for the accused, but an experienced Columbia drug lawyer could formulate an appropriate strategy for your defense.
As in all criminal cases, the burden of proof remains with the state. Your lawyer could review the specific circumstances in your case to mount a robust defense or present mitigating factors to avoid the most severe sentences. Call us today to get started.
