Cocaine is a substance derived from the South American coca plant. Since it can cause serious health issues, it is highly regulated by the Controlled Substances Act. A person in Greenville, South Carolina, may face several penalties for possession, cultivation, manufacturing, and sale of cocaine.

South Carolina drug law overview

South Carolina classifies drug charges based on Schedule I to IV, with Schedule I drugs having the highest penalty. Schedule I substances have no established medical or clinical use and have the highest addiction risk.

South Carolina lists cocaine under Schedule II substances, which means it is addictive but has some accepted medical use. The Federal Controlled substances Act also lists it under Schedule II, but the Schedules and substances vary in each state. South Carolina makes driving under the influence of controlled substances illegal, even with a prescription, if it decreases mental and physical capacities.

Penalties

A first offense possession of one gram or less commonly includes penalties of a maximum $5,000 fine and a three-year jail term. For the second offense, it counts as a felony charge with penalties of up to a $7,500 fine and a five-year jail term. In some cases, a first offender may be eligible for drug treatment, suspended jail sentences or early release, for simple possession.

The trafficking of any amount of cocaine includes penalties of a $25,000 fine and up to fifteen years of jail. Trafficking 28 grams or more of cocaine commonly includes penalties of a $50,000 fine and up to 10 years of jail without probations.

Drug charges can make life more difficult and remain on a permanent criminal record. However, the prosecution must prove the defendant committed the offense, which can be challenged.

Frequently Asked Questions

How do I know if I need a lawyer?

If you have been charged with a crime, arrested, or under investigation then you need a lawyer.

When you’re charged with a crime, there may be potential penalties that you’re not aware of. But there are ways to defend against the charges, too. Your lawyer can strategize for your case. They can represent you in court and to the prosecutor, putting their expertise to work for you.

Even if the charges don’t seem significant now, they may affect you in the future. Your lawyer defends your freedom and your best interests. If you’re facing a criminal charge or police investigation, contact a criminal defense lawyer.

What steps should I take immediately to protect my rights?

If you’re arrested or charged with a crime, be polite – but don’t consent to any search. Politely say that you refuse to answer any questions. Don’t resist the law enforcement officer.

Exercise your right to remain silent. This includes law enforcement officers before and after the arrest. It also means not talking to others at the police station, your friends, extended family, and social media. The things you say can be used against you.

Ask to contact your lawyer. Then call us right away. We can represent you at your next court hearing. Save everything that you think may be relevant to the case.

How long will my case take?

Every case has a different timeline depending on the severity and facts of the case. Some criminal charges can be resolved in just a few weeks. Others can take several months.

As your lawyer, William G. Yarborough will help you balance the various factors. It can take time to build defenses and/or negotiate a favorable plea agreement. It may be worth it to wait to go to trial. Other times, it’s best to take a plea deal.

What’s right for you depends on multiple factors. Attorney Yarborough can advise you on what he thinks is your best course of action.

Will my case go to trial?

There may be non-trial options available to you. You may secure a plea bargain or a pre-trial case diversion. Sometimes, preliminary motions can result in charges being dismissed.

However, you always have the right to a trial. In a trial, the prosecutor must prove the charges against you beyond a reasonable doubt.

Most cases don’t end up going to trial. But what matters is your case. Attorney Yarborough will work with you on a personalized case plan that reflects your interests and goals.

If your case does go to trial, Attorney William G. Yarborough is prepared to aggressively defend you in court.

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