Drug charge dismissed
Our attorneys represented a dentist charged with possession with intent to distribute cocaine. The criminal charges were dismissed, and the dentist kept his license.
Greenville Drug Charges Lawyer
A drug charge in Greenville does not have to define your future. What happens in the first few weeks usually matters more than what happens in the courtroom.
- Former state and federal prosecutorsSloan Ellis and Brandi Hinton
- U.S. Attorney's Award for Excellence in Prosecution2020 and 2021
- Free consultation, with an attorneyNot an intake screener
A drug charge in South Carolina is defined by three main things: the type of drug, the drug weight, and what the State says it was for. These are the deciding factors for whether the charge gets labeled as possession, distribution, or trafficking.
Ironside Criminal Defense is managed by two former state and federal prosecutors who oversee every case together and who prosecuted drug cases before they defended them. Our Greenville drug charges attorneys will tell you which charge you’re actually facing and what comes next. Call 864-568-4750 or contact us through our online form to see how we can help.
Results
Drug Cases Our Attorneys Have Handled
Federal trafficking
Our attorneys represented a person charged federally after an arrest with 30 kilograms of cocaine, then the largest cocaine seizure ever in the county where it occurred. The court imposed the non-incarceration sentence our attorneys argued for.
Prior resultsPast results don’t guarantee a similar outcome in your case. You can find more results on our success stories page.
Possession, Distribution, and Trafficking Charges in Greenville
Our attorneys represent people facing each of these charges:
- Possession: Possession means having a controlled substance without a valid prescription. Depending on the drug, the amount, and any prior record, a possession charge can be a misdemeanor or a felony.
- Distribution: This covers selling, delivering, or possession with intent to distribute (PWID). Having more than set statutory amounts, such as one gram of cocaine or one ounce of marijuana, can be treated as evidence of intent. The weight is only one factor that should be considered in whether the case rises to the level of distribution.
- Trafficking: Trafficking is set by weight, starting at 10 grams of cocaine, crack, or methamphetamine, four grams of heroin or fentanyl, or 10 pounds of marijuana. The weight counted includes anything the drug is mixed with.
What Penalties Do South Carolina Drug Charges Carry?
Each charge carries a range set by South Carolina’s drug laws. These are the ranges for a first offense:
| Charge | First-offense range | Statute |
|---|---|---|
| Possession of marijuana or hashish | Up to 30 days in jail, or a $100 to $200 fine (one ounce or less of marijuana; 10 grams or less of hashish) | § 44-53-370(d)(5) |
| Possession of other drugs | Up to two years (heroin, LSD, other narcotics); three years (cocaine; under one gram of meth or crack); five years, a felony (over two grains of fentanyl); six months (other drugs) | § 44-53-370(d); § 44-53-375(A) |
| Distribution or PWID | Up to 15 years, $25,000, or both (heroin, cocaine, LSD, meth, crack, other narcotics); up to five years, $5,000, or both (other Schedule I to III drugs, including marijuana) | § 44-53-370(b); § 44-53-375(B) |
| Distribution near a school, park, or college | A separate felony within one-half mile: up to 10 years, a fine up to $10,000, or both. Purchase alone: a misdemeanor, up to one year | § 44-53-445 |
| Trafficking | No part suspended, no probation. Lowest tier: one to 10 years (marijuana); three to 10 (cocaine, meth, crack); seven to 25 (heroin, fentanyl). Highest weights: a mandatory 25 years or more, no parole | § 44-53-370(e); § 44-53-375(C) |
A prior drug conviction can raise the range for a new charge, and older convictions can still count. These ranges aren’t a prediction of your outcome, which depends on the facts, your record, and how the case is handled. Our drug charges attorneys can help you understand the severity of your case.
Why a Trafficking Charge Is Treated Differently
South Carolina’s list of violent crimes, in S.C. Code Section 16-1-60, includes drug trafficking, trafficking crack cocaine, and manufacturing or trafficking methamphetamine. Possession and distribution charges are not included on the list. A “violent crime” is a legal label that describes the charge, not the person. None of the listed charges requires an act of violence.
Under Section 17-22-50, the label keeps a trafficking charge out of pretrial intervention (PTI), a program that lets some people resolve a charge without a conviction. An exception can be made if the solicitor determines the elements of the crime don’t fit the charge.
What a Drug Conviction Can Affect Beyond the Sentence
Even after the sentence is served or the fine is paid, a drug conviction can affect:
- Your job or professional license: A conviction appears on background checks and can affect licensed work such as nursing, teaching, or commercial driving.
- School: A drug conviction no longer affects eligibility for federal student aid, but school discipline and scholarships are separate questions our attorneys look at early.
- Immigration status and firearms: A drug charge can affect immigration status, and a conviction can affect your right to own a firearm under state and federal law. We look at both before advising you.
- Your car and cash: In some drug cases, the State can ask a court to let it keep a vehicle or money seized at the arrest, through a separate civil proceeding called forfeiture.
Can a Drug Charge Be Resolved Without a Conviction?
Conditional discharge, under S.C. Code Section 44-53-450, lets a judge (with your consent) put a possession case on hold after a guilty plea or finding of guilt, with probation and conditions such as treatment and community service. If you complete the requirements set by the judge, the case is dismissed without a conviction, and you can apply to have the records expunged. It’s available once, and only to someone with no prior drug conviction.
The 13th Circuit Solicitor’s Office runs PTI for Greenville and Pickens Counties. The solicitor recommends who is admitted, and completing the program leads to dismissal. PTI isn’t available for trafficking or to anyone who has taken part in it before.
The 13th Circuit Drug Court works differently: participants plead guilty and are sentenced, and completing the program satisfies the sentence. Our attorneys review early on whether you may qualify for any of these programs, since it depends on the charge, your record, and the solicitor’s recommendation.
Which Court Hears a Drug Case in Greenville County?
After an arrest, a judge decides at a bond hearing whether you can be released before trial and on what conditions, which can include the payment of money and conditions such as home incarceration. A state drug charge is brought by the 13th Circuit Solicitor’s Office, the prosecutor for Greenville and Pickens Counties, or by the state Attorney General.
First-offense possession of one ounce or less of marijuana, or 10 grams or less of hashish, falls within magistrate or municipal court limits. Other possession charges, and every distribution and trafficking charge, go to the Court of General Sessions, the circuit court’s criminal division.
Some drug cases are charged federally instead by the U.S. Attorney’s Office in federal court, which is decided by the prosecutors.
What Our Attorneys Examine in a Drug Case
Our attorneys start by establishing what defenses you may have. Officers must follow specific rules when they stop a car or search a home, and we check whether they followed them. We look at whether the State can show the drugs were yours and whether the lab testing and weight were recorded correctly, since the weight can decide the charge. We also check whether the evidence of intent goes beyond the amount, and whether conditional discharge or another program may apply. We’ll walk you through our strategy and help you understand what comes next.
When the Person Arrested Is Someone You Love
If you’re reading this for a son, daughter, spouse, or parent, you don’t need to know the legal terms to help. Find out where they’re being held and when the bond hearing is set. Write down the charge, any case numbers, and anything that was seized, such as a car or cash. Avoid talking about what happened on jail calls, since those calls are recorded and prosecutors and officers can listen to them. You can also meet with our attorneys yourself, without your loved one there.
How Ironside Criminal Defense Works a Drug Case
- Two former prosecutors on every case: Sloan Ellis and Brandi Hinton know how drug cases are built from their years as state and federal prosecutors. Sloan’s work included drug matters with the DEA, and Brandi’s included large-scale trafficking prosecutions.
- Straight answers from the first meeting: We’ll tell you early whether the weight, the drug, or your record changes the charge, including what you may not want to hear.
- Help after the case ends: If your case ends in a dismissal or a conditional discharge, we help with the expungement that follows.
- Proactive from day one: We contact the solicitor’s office early, so it sees a person, not only a file.
Common questions
Drug Charge FAQs
Short answers. None of them replace a conversation about your own case.
Will a Drug Conviction Suspend My Driver’s License in South Carolina?
A drug conviction no longer suspends your driver’s license in South Carolina. The law that required that suspension, Section 56-1-745, was repealed in 2011. Driving while impaired by drugs is different, since it’s charged as a DUI, which carries its own license rules. If your case involves driving, our attorneys will explain how the charge affects your license.
Can I Be Charged if the Drugs Weren’t on Me?
You can be charged with possessing drugs found in a car, a room, or a bag you weren’t holding. This is called constructive possession. This means the State claims you knew about the drugs and had control over them. Being near drugs isn’t the same as possessing them, and our attorneys look closely at whether the State can connect them to you.
Is Possessing Drug Paraphernalia a Crime in South Carolina?
Possessing drug paraphernalia is unlawful under South Carolina law, but it carries a civil fine of up to $500, and the fine isn’t treated as a criminal conviction. Because it can come with a drug charge, our attorneys look at both together.
If you have been charged,
the clock is already running.
Talk Through Your Drug Charge With a Greenville Drug Lawyer
If you’ve been charged, or someone you love has, start by telling us what the charge is and what the paperwork says. Walk our attorneys through what happened, and we’ll explain which charge you’re actually facing. The first consultation with an attorney is free. Call 864-568-4750 or contact us through our online form today.
Contact
Or call 864-568-4750A charge doesn't have to define your future
What comes next depends on how you move forward from it. Tell us what happened, and we will tell you what you are facing. Our consultations are free, and with an attorney.
- [email protected]
- Office
- 21 Augusta Street, Suite C
Greenville, SC 29601 - Consultations
- Free, and with an attorney. Sloan or Brandi reads every inquiry.