Drug charges of all levels are serious and have far reaching consequences. Drug offenses in South Carolina, including most misdemeanor possession charges, can result in prison time. Convictions for drug offenses can also lead to more severe penalties for future drug charges. The Law Office of Alex Toporek, LLC is committed to protecting your rights, both today and in the future. Alex has extensive experience prosecuting and defending state drug crimes in South Carolina. Contact his office today for a thorough evaluation of your case.
You have the right to be protected against unreasonable searches.
Your drug charges likely resulted from a traffic stop or the search of your home. These cases involve complex search and seizure issues. The Law Office of Alex Toporek, LLC is dedicated to defending your right to be protected against unreasonable searches of your person and property. Alex has litigated search and seizure issues as a prosecutor and a defense attorney and will use that experience to analyze your case. Contact his office today if you feel you have been subjected to an unreasonable search.
Trafficking offenses are the most serious state drug charges in South Carolina. All South Carolina drug trafficking offenses carry mandatory prison time and substantial fines. South Carolina drug trafficking offenses are classified as "Violent" offenses and "Serious" Offenses. The "Violent" designation impacts parole eligibility and can lead to additional charges if is alleged that a weapon was connected to the offense. The "Serious" designation indicates that a conviction for the offense is a "strike" that could lead to a mandatory life without parole sentence. You can be charged with drug trafficking if it is alleged that you were buying, selling, manufacturing or possessing a drug in excess of the drug's trafficking weight inference levels. Trafficking weight inference levels are set by statute and vary depending on the drug. For example, the lowest weight level for trafficking marijuana is 10 pounds. The lowest weight level for trafficking cocaine is 10 grams. Similarly, penalties for trafficking convictions vary depending on the drug and weight. The mandatory minimum prison sentence for a conviction for first offense trafficking 10 pounds of marijuana is 1 year. The mandatory minimum prison sentence for a conviction for first offense trafficking 10 grams of cocaine is 3 years. These mandatory minimum prison terms will increase if you have prior convictions for drug offenses, including misdemeanor possession convictions.
You can be charged with Possession with Intent to Distribute a narcotic in several different scenarios. The basis of a PWID charge may be the packaging of the drug you are accused of possessing or the discovery of a scale or other paraphernalia in the area of the drug. It can also be based solely on the amount of the drug. South Carolina has set weight limits that vary by drug where the law infers that there is an intent to distribute the drug. For example, jurors at a trial would be allowed by law to infer that a person possessing more than one gram of cocaine intends to sell that cocaine.
You can also be charged with distributing an illegal narcotic. These cases almost always involve law enforcement's use of a confidential informant to make a controlled buy from the target. C/I's inherently have credibility issues that must be investigated thoroughly. Alex knows the importance of this investigation and will use his experience as a prosecutor to investigate the informant.
PWID and Distribution penalties vary depending on the drug, weight and number of prior convictions.