Drug Charge Lawyer in Charleston
Aggressive Defense Against Drug Crimes in Charleston, Summerville, and Throughout South Carolina
Law enforcement officials take seriously any conduct involving controlled substances in South Carolina. Prosecutors will do what is necessary to attempt to prove guilt beyond a reasonable doubt. Depending on the specifics, an offense can be charged as a misdemeanor or a felony. A conviction can carry lengthy terms of incarceration and high fines. If you face charges for any drug crime in South Carolina, you need a vigorous drug charge lawyer throughout your case. Attacking allegations in these matters can be challenging, but with a skilled Charleston drug crime attorney on your side, you can identify weaknesses in proof and build a compelling legal strategy to tell your side of the story.
At Thurmond Kirchner & Timbes, P.A., our South Carolina drug crime defense lawyers have handled criminal matters of varying complexity in Charleston, Summerville, and the surrounding areas. We know the law, and we know what it takes to get results. Our team will protect your rights in and out of court, seeking to secure the best possible legal outcome for you. We will be your advocates every step of the way. Recognizing that you may have several concerns about your case, we will be available to provide clear, straightforward answers.
When you are arrested in Charleston County or the surrounding Lowcountry, you may have questions about how local procedures work, from the bond hearing at the Charleston County Magistrate Court to appearances in the Court of General Sessions. Our drug crime lawyer will walk you through each phase, explain what to expect at every court date, and discuss realistic options tailored to whether your case is in municipal court, magistrate court, or circuit court. We also take time to review police reports, body camera footage, and any search or seizure that led to your arrest to determine whether your constitutional rights were violated.
Call (843) 790-0083 today to set up a consultation, or contact us online to learn more.
What To Do After a Drug Arrest in Charleston
After a drug arrest in Charleston or elsewhere in South Carolina, the steps you take in the first few days can have a major impact on your case. You may be booked into the Charleston County jail, given a bond hearing, and presented with paperwork you do not fully understand. Try to remain calm, avoid discussing the facts of your case with anyone in law enforcement, and remember that you have the right to remain silent and the right to request an attorney. Family members can help by gathering basic information such as the exact charges, the arresting agency, and your next court date.
Once you are in a safe position to do so, contacting a drug lawyer as soon as possible allows you to get guidance that is specific to your situation. We can explain how bond and pretrial release work in local courts, what conditions you must follow, and what not to do while your case is pending. We also encourage clients to write down their recollection of events, preserve text messages or social media posts that may be relevant, and provide the names of any witnesses who were present during the stop or search so that we can begin our investigation promptly.
Let us put our experience to work for you. Call us at (843) 790-0083 or contact us online today to speak with our Charleston drug crime attorney.
Drug Schedules in South Carolina Law
In South Carolina, controlled substances are separated into 5 categories (referred to as schedules), conforming to those enumerated under federal law.
The schedules are distinguished by the severity of the drugs and include the following:
- Schedule I: These substances have a high potential for abuse and no accepted medical use. Drugs in this classification include, but are not limited to, heroin, MDMA (ecstasy), LSD, and psilocybin.
- Schedule II: Substances in this classification also have a high potential for abuse, but they are used for medical purposes under strict regulations. These drugs can also cause severe physical or psychological dependence. Examples include fentanyl, methadone, amphetamine, and methamphetamine.
- Schedule III: This group consists of substances with a high potential for abuse but less so than those in Schedules I or II. They may be used for medical purposes, and the risk of them causing physical or psychological dependence is low to moderate. Some of these drugs include, but are not limited to, benzphetamine, chlorphentermine, clortermine, and nalorphene.
- Schedule IV: Relative to the substances in Schedules I through III, the potential for abuse of drugs in this category is low, as is the risk of physical or psychological dependence. They may also be used in medical treatments. Included in Schedule IV are depressants, such as barbital and clonazepam, and stimulants, such as diethylpropion and phentermine.
- Schedule V: Compared to Schedule I through IV substances, these are considered the least dangerous drugs, with a low potential for abuse and limited risk of causing physical or psychological dependence. There is also an accepted medical use for them. In this classification are substances with limited amounts of narcotics such as codeine and opium.
Understanding the controlled substances schedules is important because laws refer to them to define prohibited conduct and enumerate penalties.
Types of Drug Crimes in South Carolina
Nearly anything involving drugs is considered unlawful. The South Carolina Code of Laws lists various types of prohibited conduct. Because each has specific elements and penalties, we'll address the different drug laws in their own sections.
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"I cannot recommend them highly enough."I had the pleasure of working with Thurmond Kirchner & Timbes, P.A. and I cannot recommend them enough. From the moment I walked into their office, their professionalism and expertise were evident. Every attorney and staff member I interacted with was knowledgeable and genuinely dedicated to achieving the best outcome. Their meticulous attention to detail and strategic approach set them apart.- James S.
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"I can't thank them enough for being by my side."The TKT lawyers and paralegals are top-notch when it comes to legal representation. They are thorough, professional, and do not stop until the obtain the best outcome for your situation. They always ensure you understand what is going on and never leave you in the dark. The team is understanding and makes sure you never face the legal system alone. I can't thank them enough for being by my side.- Timothy C.
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"The firm has your back 100% of the time."Thurmond Kirchner & Timbes, P.A. has helped with all of our legal issues. You are always in expert hands and the firm has your back 100% of the time. Highly recommend their expertise for any legal needs.- Maria J.
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"Qualified Attorney With High Character and Integrity"Chris Romeo (and his team) exceeded my expectations when handling an auto accident case for me.- J.W.
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"Masterful Results"No one thinks of litigation as fun, however, in my own complicated case, I can tell you Jesse Kirchner not only made it "fun" but actually, interesting.- L.H.
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"They Work Hard & Get The Job Done For You!"We are very pleased with Christopher Romeo and his Paralegal April Warford. They work hard to get the job done for you.- A.E.
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"I Was Never Once Judged"Mr. Thurman and his staff were very professional and efficient. They worked hard to get my case dismissed.- C.P.
Drug Possession Laws and Penalties in South Carolina
South Carolina law enumerates two different types of drug possession: actual and constructive.
Actual possession means you have the drug in your physical possession, such as in a pocket or purse.
Constructive means that you might not have the drug on you, but you know where it is and you can exercise dominion or control over it.
Possessing drugs is different from just being in the presence of them. Possession indicates some level of ownership or influence over them. South Carolina Code of Laws Section 44-53-370 prohibits people from knowingly possessing a controlled substance. The only time having a drug or drugs is legal is when a physician lawfully prescribed them. The potential conviction penalties for drug possession depend on the substance and the defendant's criminal history.
A few of the punishments include, but are not limited to:
- Possession of a Schedule I or II narcotic drug or LSD:
- First offense (misdemeanor): Up to 2 years in jail and/or up to $5,000 in fines
- Second offense (felony): Up to 5 years in prison and/or up to $5,000 in fines
- Third or subsequent offense (felony): Up to 5 years in prison and/or up to $10,000 in fines
- Possession of other substances in Schedules I through V:
- First offense (misdemeanor): Up to 6 months in jail and/or up to $1,000 in fines
- Second or subsequent offense (misdemeanor): Up to 1 year in jail and/or up to $2,000 in fines
- Possession of cocaine:
- First offense (misdemeanor): Up to 3 years in jail and/or up to $5,000 in fines
- Second offense (felony): Up to 5 years in prison and/or up to $7,500 in fines
In many Charleston possession cases, people are stopped in traffic on I-26, U.S. Highway 17, or local city streets and then searched, leading to an arrest. A drug crime attorney from our team will assess whether the initial stop, the search of your vehicle or person, and any statements you made complied with state and federal constitutional standards. We can also advise you about potential diversion programs or treatment-based options that might be available in certain courts, depending on your record and the type of substance involved.
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Understanding Drug Crime Sentencing in South Carolina
When facing drug crime charges in South Carolina, it's important to understand the potential sentencing and penalties associated with these offenses. Our experienced Charleston drug crime attorneys can provide valuable insight into the sentencing guidelines for drug possession, trafficking, manufacturing, and other drug-related offenses.
Factors that can impact drug crime sentencing in South Carolina include:
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