This overview provides key insights into how South Carolina addresses drug possession, and it offers help to those who have been accused of this crime.
Understanding Greenville’s Drug Possession Laws
South Carolina Controlled Substances Act
The South Carolina Controlled Substances Act governs the state’s drug possession laws. In this act, drugs are classified into different schedules. These schedules are based on the drug’s potential for abuse and its medical utility. Schedule I drugs, for instance, have a high potential for abuse and no accepted medical use, and possessing these substances is a serious offense. Examples include ecstasy, heroin, and LSD.
Schedule V drugs have a medical use and a low potential for abuse. You can get many of these drugs with a prescription, and some are even available over the counter. In many cases, a Schedule V possession crime applies only to certain amounts of the drug. For instance, you can have up to 200mg of codeine preparations, but if you have more, you could be accused of a crime.
Penalties for Drug Possession in Greenville
Depending on the schedule and quantity of the controlled substance, individuals may face substantial fines, probation, or imprisonment. For example, possession of a Schedule I substance could result in years behind bars, but a Schedule V drug could result in fines only.
The Personal Impact of Drug Possession Charges
Employment Consequences
Most employers conduct background checks. A drug-related offense can lead to job loss, and it could hinder future employment opportunities. The stigma attached to drug charges can be particularly damaging in respected professional fields.
Educational Implications
Colleges and universities may impose disciplinary actions against students with drug charges. Such penalties could range from suspension to expulsion, jeopardizing scholarships and future academic opportunities. The repercussions can be far-reaching, affecting someone’s current studies and their aspirations for higher education.
Defending Against Drug Possession Allegations
Hiring an Attorney
A seasoned lawyer is your strongest ally in a drug possession case.
Follow these steps when looking for an attorney:
- Find the Right Fit
Research lawyers with experience handling drug cases. Look for someone with a good reputation, and make sure you feel comfortable with them. - Prepare for Consultation
Gather all relevant documents, and write down any questions you have for the lawyer. Be ready to discuss the case in detail. Don’t hold anything back. The more information you give, the stronger their defense strategy will be. - Listen to Advice
Once you’ve found the right attorney, they will guide you through the legal process. Follow their advice, but also ask questions. You want to make sure you understand your options and the strategy your lawyer develops.
Crafting a Defense Strategy
Your defense strategy will depend on the specifics of your case, but there are some common tactics for challenging drug possession charges.
A good possession defense may include:
- Affirmative Defenses
You may have had a legal reason for possessing the drugs, such as a valid prescription. Similarly, you may have been unaware that you were carrying drugs at the time of arrest. - Challenging the Evidence
Your lawyer should scrutinize every piece of the prosecution’s case, looking for any inconsistencies in the evidence against you. Then, they can exploit those problems to create doubt in the allegations. - Questioning Police Methods
You may be able to challenge whether evidence is admissible in your case. For example, if the search was conducted without a warrant or probable cause, your attorney could have evidence suppressed. - Challenging Witness Credibility
Your attorney can work to discredit witnesses or find inconsistencies in their statements. Showing that a witness is untrustworthy can be crucial for creating doubt in your case.
Make sure to tell your lawyer about every aspect of your arrest and allegations. They can help you pick the story apart and find a defense best fits your situation.
Thomas J. Adducci Law Firm is here to help defend you against possession charges. If you are facing these accusations, contact us online for a free consultation. You can also reach us by calling (864) 479-4973.