The Importance of Legal Representation

Even though simple possession charges are less severe than other drug-related offenses, they should not be taken lightly. At Thompson and Hiller Defense Firm, we have extensive experience defending clients against drug charges, including simple possession. Our team is dedicated to thoroughly investigating your case, challenging the evidence, and developing a strong defense strategy tailored to your situation. We are committed to ensuring your rights are protected and achieving the best possible outcome.

South Carolina Law on Simple Possession

In South Carolina, simple possession charges are governed by the South Carolina Code of Laws, specifically under Title 44, Chapter 53, which addresses the state’s drug laws. The statutes outline the penalties for possessing small amounts of various controlled substances, including marijuana, cocaine, and prescription drugs without a valid prescription.

Marijuana Possession (S.C. Code § 44-53-370(c))

• First Offense: Possession of 28 grams (1 ounce) or less of marijuana is considered a misdemeanor, punishable by up to 30 days in jail and/or a fine of up to $200.
• Subsequent Offenses: Any subsequent conviction for possession of 28 grams or less is also a misdemeanor but carries harsher penalties, including up to 1 year in jail and/or a fine of up to $1,000.

Cocaine Possession (S.C. Code § 44-53-370(d)(1))

• First Offense: Possession of 1 gram or less of cocaine is classified as a misdemeanor, punishable by up to 3 years in prison and/or a fine of up to $5,000.
• Subsequent Offenses: A second or subsequent offense is classified as a felony, with penalties including up to 5 years in prison and/or a fine of up to $7,500.

Prescription Drug Possession (S.C. Code § 44-53-370(d)(2))

• First Offense: Possession of prescription drugs without a valid prescription is considered a misdemeanor, punishable by up to 6 months in jail and/or a fine of up to $1,000.
• Subsequent Offenses: Subsequent offenses are also misdemeanors but can result in up to 1 year in jail and/or a fine of up to $2,000.

Recent Changes in South Carolina Drug Laws

In recent years, South Carolina has seen changes in its approach to drug offenses, including simple possession. There is a growing emphasis on treatment and rehabilitation rather than solely punitive measures. Drug courts and diversion programs are increasingly available for first-time and non-violent offenders, providing alternatives to traditional sentencing that focus on addressing substance abuse issues.

Your Rights When Facing Simple Possession Charges

When facing simple possession charges, it’s essential to understand your legal rights:

• Right to Remain Silent: You have the right to remain silent and not incriminate yourself. Anything you say can be used against you in court.
• Right to Legal Representation: You have the right to an attorney. If you cannot afford one, a public defender will be appointed to represent you.
• Right to Challenge Evidence: You can challenge the evidence against you, including the legality of the search and seizure that led to your arrest.
• Right to a Fair Trial: You are entitled to a fair trial, where the prosecution must prove your guilt beyond a reasonable doubt.

Common Defenses Against Simple Possession Charges

Several defenses can be used to fight simple possession charges, depending on the specifics of your case. Some common defenses include:

• Unlawful Search and Seizure: If the evidence was obtained through an illegal search or seizure, it could be suppressed, meaning it cannot be used against you in court.
• Lack of Possession: Demonstrating that the drugs were not in your possession or control at the time of the arrest.
• Lack of Knowledge: Proving that you were unaware of the presence of the drugs.
• Prescription Defense: If you have a valid prescription for the controlled substance, this can be used as a defense against possession charges.

Potential Consequences of a Simple Possession Conviction

A conviction for simple possession can have long-lasting consequences beyond immediate penalties like fines and jail time. Some potential consequences include:

• Criminal Record: A conviction will result in a permanent criminal record, which can impact your ability to find employment, secure housing, and obtain certain professional licenses.
• Driver’s License Suspension: In some cases, a drug conviction can result in the suspension of your driver’s license.
• Financial Burden: Fines, court costs, and legal fees can create a significant financial burden.
• Social Stigma: A criminal record can affect your reputation and personal relationships.

How Thompson and Hiller Can Assist You

At Thompson and Hiller Defense Firm, we understand the seriousness of simple possession charges and the impact they can have on your life. Our approach includes:

• Thorough Investigation: We meticulously examine the details of your case, including the circumstances of your arrest and the evidence against you.
• Challenging Evidence: We challenge the validity of the prosecution’s evidence, including questioning the legality of the search and seizure.
• Exploring All Defenses: We explore all possible defenses, from proving lack of possession or knowledge to leveraging diversion programs and treatment options.
• Personalized Strategy: We develop a defense strategy tailored to your unique situation, aiming to minimize the charges or have them dismissed entirely.

Contact Us for a Free Consultation

If you or a loved one is facing simple possession charges in South Carolina, it is crucial to seek experienced legal representation. Contact Thompson and Hiller Defense Firm today for a free, confidential consultation. We are here to listen to your concerns, provide legal advice, and develop a robust defense strategy for your case. Take the first step towards protecting your future by reaching out to us now.