Charleston Drug Charge Lawyer
If you have been arrested for drug charges in Charleston, then it is critical you contact a Charleston drug charge lawyer to ensure your rights are protected during the criminal process. In South Carolina drug charges carry very serious penalties. Fines and jail time differ greatly depending on the substance in question, the amount of the substance in question and other factors such as prior criminal history. If you have been charged with drug crimes in Charleston, Folly Beach, North Charleston or Mount Pleasant, call Charleston drug charge lawyer John W. Molony now to discuss your legal options.
When Can You Be Charged With Simple Possession?
When Charleston Police find illegal drugs, you can be charged with drug possession when police can show probable cause that you had power or control over the drugs and had actual knowledge of the drugs. Police can prove you had power to control the drugs in one of two ways. Police can either prove actual possession or what is called constructive possession. Actual possession is exactly what it sounds like. This is when illegal drugs are found in your actual physical custody. On the other hand, constructive possession requires the State to prove that you had control over the premises in which the drugs were found, even when those drugs were not in your actual physical custody. For example, Charleston police find drugs in a vehicle you are riding in, and you are charged with drug possession.
Possession with Intent to Distribute (PWID) & Trafficking
In South Carolina, the charge of Possession with Intent to Distribute (PWID) is not only based on the amount of the particular drug a person is caught with. PWID can also be charged if police determine from a totality of the circumstances that the intent to distribute is present. So what does that mean? In many cases, law enforcement makes this determination based on the presence of baggies, scales, ledgers, or other paraphernalia indicating that drugs were meant for sale. In South Carolina, drug trafficking charges are based on the weight of the particular drug. Possession of greater than ten grams of cocaine or cocaine base, four grams of heroin, or ten pounds of marijuana is considered trafficking under South Carolina law. Trafficking and distribution offenses also carry heavy penalties, including mandatory minimum prison sentences of 25 years on some trafficking charges. Additionally, many trafficking and distribution charges are classified as violent crimes and are non-paroleable offenses.
Serving Charleston Areas Near You
John W. Molony Law Firm, LLC accepts drug charge cases all over Charleston, including these areas near you.
- North Charleston Drug Charges
- Folly Beach Drug Charges
- James Island Drug Charges
- Mount Pleasant Charges
- Johns Island Drug Charges
Call A Charleston Drug Crime Lawyer
Criminal defense attorney John W. Molony is ready to review your case including potential issues with the arrest, search or probable cause. When you retain John W. Molony Law Firm, LLC, expect to have an attorney who fights for you, answers your phone calls and devotes the time and personal attention that your case requires. Call now and request a free consultation with Charleston drug charge lawyer John W. Molony for a thorough analysis of your case and your legal options. John W. Molony Law Firm, LLC is conveniently located on James Island and defends the rights of Charleston clients facing drug charges, including the following:
- Simple Possession
- Possession With Intent To Distribute (PWID)
- Possession With Intent To Distribute Within Proximity Of A School
- Drug Trafficking Charges
- Manufacturing Charges
- Drug Paraphernalia Charges
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John W. Molony Law Firm, LLC