Criminal Defense
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One simple mistake can cause a lifetime of pain. That’s the sad reality when it comes to South Carolina drug laws. The state has aggressively prosecuted possession and distribution for decades, and many people have seen their lives ruined. William G. Yarborough, Attorney at Law, can answer your questions and review the strength of the evidence against you. A robust defense from an experienced drug defense lawyer is the best way to avoid a drug conviction and the negative consequences that flow from it.
South Carolina Drug Laws
South Carolina criminalizes the possession, sale, and trafficking of controlled substances. The penalties are severe and are based on the drug as well as other factors, such as the amount and whether this is your first or subsequent offense.
Drug Possession
It is illegal to possess controlled substances for personal use. According to South Carolina possession laws, you can face misdemeanor or felony charges:
- Marijuana possession. Having less than 1 ounce is a misdemeanor, which can result in a maximum of 30 days in jail.
- Cocaine possession. Possessing 1 gram or less is considered misdemeanor possession, but you can face felony charges if you have a second or subsequent arrest.
Drug Manufacture, Distribution, and Possession with Intent to Distribute
South Carolina criminalizes those who manufacture or distribute drugs. The penalties will depend on the drug.
For example, growing marijuana plants is considered manufacturing, and you can face trafficking charges if you are caught with 100 or more plants.
Anyone caught with more than 1 gram of cocaine can face possession with intent to distribute charges. That is a severe charge, with a first offense leading to a maximum of 15 years in prison.
Drug Trafficking
Trafficking involves the delivery and sale of controlled substances. This is a serious offense, and your penalties depend on the drug trafficked and the amount:
- Marijuana trafficking. Possession of more than 10 pounds qualifies as marijuana trafficking in South Carolina. Defendants face years in prison, with penalties increasing depending on the amount of marijuana trafficked.
- Heroin trafficking. If you are caught delivering or selling more than 4 grams of heroin, you can face trafficking charges. Someone caught trafficking more than 28 grams can face 40 years in prison.
How a Drug Conviction Will Affect Employment
Time behind bars is only one consequence a person faces for a drug conviction. There are other tangible consequences, including negative effects on employment.
Most employees in South Carolina are considered “at will.” This means your boss can lay you off at any time and for virtually any reason. If your boss finds out about your drug conviction, you could end up on the unemployment line. There are few restraints on their ability to fire you.
Anyone currently looking for work can see opportunities evaporate. Most employers pull a background check on job applicants, and a drug conviction can lead to a swift rejection. At a minimum, you will need to address the conviction thoroughly and honestly in any interview. Avoid excuses, but also leave with the firm impression that you will never make this mistake again.
Do you have a professional license? Licensing boards typically require that you report any criminal conviction, including a drug conviction, so they can investigate and take possible disciplinary action. The board might suspend or even revoke a professional license. Doctors, nurses, lawyers, and teachers are all vulnerable to losing their livelihoods for a simple drug arrest.
Effects on Shelter
A drug conviction could even force someone into a homeless shelter. For example, a drug conviction will show up on a background check that a landlord pulls while reviewing your application. Many South Carolina landlords want to avoid renting to someone with a criminal history.
A South Carolina drug conviction can also disqualify you from public housing. There might be nowhere else to turn.
Fight Back
Attorney William G. Yarborough understands the stress that any criminal charge brings. Many people lie awake all night wondering if a simple mistake will cost them their future career or home. Our firm will immediately get to work building a solid defense:
- Analyzing the case against you. The evidence might be weaker than the state lets on. Our job is to see if the state could get a conviction or if there are sufficient gaps in the evidence to undermine the state’s case in chief. As an example, drugs might be found somewhere on your property, but that isn’t solid proof you “possessed” them.
- Reviewing possible penalties. Many factors go into the penalties you might face, including your criminal history. Defendants can only make sensible choices about their case if they understand the possible penalties.
- Protecting your constitutional rights. Our clients have a constitutional right to be free of unreasonable searches and seizures. Police need a search warrant supported by probable cause to search your home and possessions (unless you consent). We can fight to exclude any evidence that the police gathered without a warrant or probable cause.
- Negotiating a plea deal. Sometimes, a plea for a reduced charge is the best result for a defendant. Attorney Yarborough has more than 30 years of experience negotiating with prosecutors.
- Defending you through the entire process. Our firm can jump in as soon as you are hired and attend your arraignment, argue for bail, and ask a judge to suppress evidence.
Get the help of a results-driven criminal defense lawyer with the right experience in drug defense cases.
Speak with a Greenville, SC Drug Crimes Lawyer
A drug conviction does not have to be the end of your life. By hiring an experienced drug crimes lawyer, you are signaling to the prosecution that you intend to hold them to their burden of proof. South Carolina defendants are presumed innocent until proven guilty by competent evidence in court.
Contact William G. Yarborough today. Attorney Yarborough has more than 30 years of experience defending those charged with violations of South Carolina drug laws. You can call us today or submit information online to schedule your private consultation.