Drug Crimes

Charleston, SC Drug Crimes Lawyer

What’s Your First Step?

A criminal drug charge doesn’t have to change the course of your life, but it can.  Whether you are a juvenile, a college student, or your job depends on it, your future plans can be affected by a conviction. Your first step is to get help. An experienced Charleston drug crimes lawyer will have a plan that clearly outlines a strategy to fight your case and protect your rights.  Call my office today at (843) 530-7813 and put my experience in handling hundreds of drug cases to work for you.

Types of Drug Cases I Handle

Experience Matters

As the government continues to dedicate massive resources in the “War on Drugs,” (See here, here, here) there is no end in sight. Today’s modern hi-tech law enforcement has many tools at their disposal such as GPS tracking devices on vehicles, the ability to record Cell Phone conversations and locations, and using specially trained Drug Dogs just to name a few.

Know What Possession Means

A Charleston drug crimes lawyer will understand the drug laws in South Carolina. It’s important to know the distinction between actual possession and constructive possession and what your rights are regarding search and seizure limits of the police and how the evidence can be suppressed when police violate your rights. (see here, here, and here). Where and when police can search you, your car, home, or cell phone is critical in providing you the best strategy in defending your drug charge.

Legal Defenses and Traffic Stops

One of the most common types of arrests in a drug case comes from the the common traffic stop. Police will pull you over for a minor driving infraction such as no turn signal, window tint too dark, tag light out.  When the officer approaches the vehicle they often ask if there is anything inside the car they need to know about or can I search your vehicle.  You don’t have to answer these questions or consent to a search. If you consent to a search you waive your legal right to challenge that search and any evidence that may be found later on in court. Even if police say they smell weed, do not consent to the search, it’s vital to your case that you preserve those rights to assert any defense you may have later on.

Are There Alternatives to a Conviction?

Yes.  Our courts have realized that throwing people in jail over a drug charge doesn’t solve the problem.  Both federal and state courts offer a “Drug Court” program to qualifying candidates.  It’s important to understand that some prior convictions will not exclude you from drug court.  These programs are designed to assist and work with those dealing with addiction and substance abuse issues.  The program also has support from the Charleston Police Department (see Charleston Drug Court Success Story).

As an alternative, some charges qualify for diversionary programs that upon successful completion will result in your charge being dismissed and the arrest being expunged from your record.  It is my goal to help you understand these options, determine whether you are a candidate, and provide you with the guidance so you can make an informed decision.

If you do have a first offense drug crime conviction recent changes in the expungement law has allowed for these types of charges to be expunged three years after the conviction provided you don’t have any pending charges or convictions within that three year period.

Contact a Charleston, SC Drug Crimes Attorney

If you have been charged with a drug crime call today at (843) 530-7813 me to speak with an experienced Charleston Criminal Defense Lawyer about your arrest, the consultation is free and all discussions are confidential. There are often several different ways to resolve drug cases without having a conviction, talk to a lawyer today to find out if any of those options apply in your case.

Frequently Asked Questions

Actual possession occurs when drugs are found in your actual physical custody, i.e. in your pocket, mouth, sock, shoes, hat, wallet, purse.  Most of these cases are challenged on the means of how the drugs were found, such as challenging the search for and seizure of the drugs.

Constructive Possession occurs when the person charged with possession has “dominion and control” over either the drugs or the premises upon which the drugs are found.  Control of the premises where the drugs were found gives rise to the permissive inference that the person in control of the premises constructively possess any drugs found inside.  This means that if more than one person shares control of a home, then more than one person can have constructive possession over the drugs.

Actual possession occurs when drugs are found in your actual physical custody, i.e. in your pocket, mouth, sock, shoes, hat, wallet, purse.  Most of these cases are challenged on the means of how the drugs were found, such as challenging the search for and seizure of the drugs.

Constructive Possession occurs when the person charged with possession has “dominion and control” over either the drugs or the premises upon which the drugs are found.  Control of the premises where the drugs were found gives rise to the permissive inference that the person in control of the premises constructively possess any drugs found inside.  This means that if more than one person shares control of a home then more than one person can have constructive possession over the drugs.

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