What To Do When You're Facing Drug Charges

An attorney who understand the judicial system

South Carolina is among the states with the toughest drug laws, especially when it comes to marijuana, cocaine and illegal opioids.

In the event of a drug arrest, you should assert your rights. As a former prosecutor, South Carolina attorney Matt Bodman understands how the judicial system works in our state. He will gather the facts regarding your drug charges and fight for your legal rights.

South Carolina's harsh drug charges

Marijuana charges include:

  • Possession: First-time offenders could be charged with a misdemeanor, with up to six months in jail and/or a fine of $1,000. Second-time offenders can face one year in jail and/or a fine of $2,000.
    Possessing over one ounce can be considered intent to sell.
  • Selling: First-time offenders could be charged with a felony, face up to 5 years in prison and/or pay a fine of $5,000. Second-time offenders could face up to 10 years in prison and/or pay a fine of $10,000. Third-time offenders could face 5 to 20 years in prison and/or pay a fine of $20,000.
    Selling to a minor can result in an additional misdemeanor with up to 10 years of prison time and fine of $10,000 tacked on to your current charges.
  • Trafficking: First-time offenders trafficking 10 to 100 lbs. could face 1 to 10 years in prison and pay a $10,000 fine. Second-time offenders could face 5 to 20 years in prison and pay a $15,000 fine. Third-time offenders could face a mandatory 25 years in prison and pay a $25,000 fine.
    Trafficking 100 to 2,000 lbs. or 100 to 1,000 plants can result in a mandatory 25 years in prison and a $25,000 fine.
    Trafficking 2,000 to 10,000 lbs. or 1,000 to 10,000 plants can result in a mandatory 25 years in prison and a $50,000 fine.
    Trafficking over 10,000 lbs. or over 10,000 plants can result in 25 to 30 years in prison and a $200,000 fine.

Cocaine charges include:

  • Possession:

First-time offenders could be charged with a misdemeanor, face up to two years in prison and/or pay a $5,000 fine. Second-time offenders could be charged with a felony, face up to five years in prison and/or pay a $5,000 fine. Third-time offenders could be charged with a felony, face up to five years in prison and/or pay a $10,000 fine.
Possessing less than one gram of crack can result in a felony charge with five years in prison and a $5,000 fine. Second-time offenders can face ten years in prison and pay a $10,000 fine. Third-time offenders can face 10 to 115 years in prison and pay a $15,000 fine.
Possessing a minimum of 10 grams of cocaine or crack can be construed as intent to sell.

  • Selling:

Any amount: First-time offenders could face up to 15 years in prison and/or pay a $25,000 fine.
10 to 28 grams: First-time offenders could face 3 to 10 years in prison and/or pay a $10,000 fine.
28 to 200 grams: First-time offenders could face 7 to 25 years in prison and/or pay a $50,000 fine.
200 to 400 grams: First-time offenders could face 10 to 25 years in prison and/or pay a $100,000 fine.
More than 400 grams: First-time offenders could face 15 to 30 years in prison and/or pay a $200,000 fine.

  • Trafficking:

10 to 28 grams: First-time offenders could face a prison sentence of 3 to 10 years without probation and a $25,000 fine. Second-time offenders could face 5 to 30 years in prison and a $50,000 fine. Third-time offenders could face 25 to 30 years in prison and a $50,000 fine.
28 to 100 grams: First-time offenders could face 7 to 25 years in prison without probation and a $50,000 fine. Second-time offenders could face 7 to 30 years in prison and a $50,000 fine. Third-time offenders could face 25 to 30 years in prison and $50,000 fine.
100 to 200 grams: Mandatory 25 years in prison without probation and a $50,000 fine.
200 to 400 grams: Mandatory 25 years in prison without probation and a $100,000 fine.
400 or more grams: Mandatory 25 to 30 years in prison without probation and a $200,000 fine.

Illegal opioid charges include:

  • Possession:

First-time offenders could be charged with a misdemeanor, face up to two years in prison and/or pay a $5,000 fine.
Second-time offenders could be charged with a felony, face up to five years in prison and/or pay a $5,000 fine.
Subsequent offenders could be charged with a felony, face up to five years in prison and/or pay a $10,000 fine.
Possession of two or more grams of heroin can be construed as intent to sell.

  • Selling:

First-time offenders could be charged with a felony, face up to 15 years in prison and/or pay a $25,000 fine.
Second-time offenders could be charged with a felony, face 5 to 30 years in prison and pay a $50,000 fine.
Subsequent offenders could be charged with a felony, face 15 to 30 years in prison and pay a $50,000 fine.
Selling in a school zone can result in an additional 10 years in prison and a $10,000 fine.
Selling to a minor can result in a prison sentence of up to 20 years without parole and a $30,000 fine.

  • Trafficking:

First-time offenders trafficking 4 to 14 grams of heroin can be sentenced to 7 to 25 years in prison without parole and pay a $50,000 fine.
Subsequent offenders could face 25 years in prison and pay a $100,000 fine.
Trafficking 14 to 28 grams of heroin can result in a mandatory 25 years in prison without parole and a $200,000 fine.

Your rights come first

If you have been arrested and charged with possession, selling or trafficking drugs, the first thing you should do is assert your Fifth Amendment right to remain silent. Anything you tell police can later be used to convict you in court.

Your next step should be to consult with an experienced, South Carolina criminal defense attorney at Matt Bodman, P.A. With decades of experience and knowledge of South Carolina's complex legal system, Matt Bodman will fight for you every step of the way.

Contact attorney Bodman for a free consultation, or simply call toll free at 866-487-9077.

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