If you are facing drug trafficking charges, you probably want to know if it’s possible to get them dismissed. In some cases, charges may be dismissed or reduced, depending on the circumstances. For the best chance of securing either outcome, connect with an experienced Greenville criminal defense attorney from Smith Jordan Law. We understand how South Carolina’s legal system operates and will fight to resolve your case as favorably as possible.
Drug trafficking in South Carolina
You could face a drug trafficking charge in South Carolina if you are found with certain minimum quantities of controlled substances, even if there’s no evidence of intent to distribute. South Carolina’s Code of Laws Title 44 Chapter 53 includes an extensive list of controlled substances and the amounts warranting trafficking charges, categorizing the substances by Schedule, from Schedule I to V.
Schedule I substances are considered to have a high potential for abuse, no accepted medical use, and a lack of accepted safety for use under medical supervision. Per South Carolina drug trafficking laws, the offense involves “knowingly possessing, selling, manufacturing, cultivating, delivering, purchasing, or bringing into the State” a large and specified amount of a controlled substance.
Drug trafficking charges are serious, and the best way to fight for their dismissal or reduction is with an experienced criminal defense attorney.
Penalties for a drug trafficking conviction
A drug trafficking conviction comes with severe penalties. They include steep fines and prison sentences. For the most serious offenses, those convicted could face mandatory minimum sentences of 25 years.
Consequences depend on the amount and type of drug involved, as well as other factors, such as prior criminal history, the location of the offense, and the commission of other criminal acts. For example, if a person has an illegal firearm while carrying out a trafficking offense, they could face aggravated charges and additional penalties.
Possible ways to get a drug trafficking charge dismissed
It may be possible to get a drug trafficking charge dismissed in the right circumstances. A skilled attorney will examine the circumstances of your arrest, your alleged crime, and the evidence against you, while also helping you understand the difference between dismissal and expungement.
Rights violations
Under our criminal justice system, every person has rights. Even if authorities catch a person obviously committing a crime, they must adhere to the law and follow the legal process when placing that person under arrest.
Every arrestee must be given the Miranda Warning. If officers fail to read you these rights, you may have grounds for a charge dismissal. The same could apply if officers arrested you after carrying out an illegal search and seizure.
No knowledge
South Carolina law says offenders must “knowingly” commit the stated offense to warrant charges. Your attorney may demonstrate that you were near the scene of a drug crime but had no knowledge of the presence of the substances or the crime taking place.
Under threat
You may have only participated in an alleged drug trafficking offense because you were under threat. Your attorney may show that the actual perpetrators threatened you or someone else with harm if you did not comply with their orders.
Weak evidence
To get a conviction, prosecutors must have evidence to prove beyond a reasonable doubt that you committed the crime. Your lawyer will look for weaknesses in the prosecution’s case. If your arrest was based on vague witness statements or questionable surveillance-camera footage, the prosecution may not have nearly enough proof to warrant a trial, much less a conviction.
How to get drug trafficking charges reduced
It may not be possible to have your charges dismissed, but experienced defense attorneys can continue defending you by fighting for reduced charges. Mitigating factors are elements of the alleged offense that can lessen charges and penalties.
You may have no prior criminal history. Perhaps you show true remorse for your actions. You may be a young offender without strong parental guidance. You might show willingness to cooperate with law enforcement as they continue the investigation.
Our creative, insightful team will recognize what factors work in your favor and do everything possible to have your charges reduced.
Exercise your rights after an arrest on a drug trafficking charge
When you are arrested, law enforcement will handcuff you and take you back to the precinct for booking. You have the right to remain silent. Exercise that right. Do not answer questions or offer information about the alleged crime. Your words can too easily be used against you.
Then, exercise your right to an attorney. Your attorney will guide you through all post-arrest procedures and discussions with law enforcement, protecting your rights while preparing your defense.
A drug trafficking defense team focused on you
When defending against drug trafficking charges, the only effective approach is a strong defense. Smith Jordan Law has the experience, energy, and legal skill necessary to construct a personalized defense by challenging evidence, procedure, or narrative that may lead to charge reduction or dismissal.
You can call us (864) 343-2222 or connect online today for a free case consultation.
Our team includes members of the South Carolina Association for Justice and the National Trial Lawyers Top 40 Under 40. The sooner we enter a partnership, the faster we can start working toward achieving the best possible outcome.