William G. Yarborough

What to expect if you’re caught with marijuana in South Carolina

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Marijuana laws are incredibly different from one state to another. The entire West coast has legalized the drug for recreational use. Large parts of the country have legalized it for medical use, assuming the patient meets certain requirements. Other states have decriminalized possession to be a simple fine.

In South Carolina, however, marijuana is still very much illegal and comes with stiff penalties. Being caught with any amount of the drug can mean anything from heavy fines to extensive incarceration.

After the arrest

Being arrested is a frightening experience, especially if it is your first offence. Being caught with virtually any amount of marijuana in South Carolina, even less than one ounce, can mean a $200 fine and 30 days of jail time. Subsequent offenses are even harsher. You can expect up to $2000 in fines and up to a year of incarceration.

A possession conviction can impact nearly every aspect of your life, including job applications, background checks, college admission, and federal student aid. If you are arrested for possession of marijuana, call a skilled attorney immediately.

This is a time when a criminal defense lawyer can be absolutely critical. These attorneys specialize in aggressively fighting to lessen the consequences you may receive. A skilled lawyer can often have fines reduced, and jail time reduced or even eliminated.

Even when evidence appears to be stacked against you, there are often options a criminal defense attorney will know how to find and leverage. If marijuana was found in your car, the validity of the traffic stop may be questionable. The search of your vehicle may have been unlawful. These kinds of situations happen often; don’t suffer penalties because your rights were not recognized.

The future of marijuana in South Carolina

Marijuana possession arrests account for the majority of marijuana-related arrests in South Carolina. Some individuals, including Representative Mike Pitts, see this as a waste of the court’s time and resources. Not to mention the devastating impact it can have on the futures first time offenders. A movement was made to decriminalize possession of a small amount of marijuana recently, though it did not receive a floor vote.

State Senator Tom Davis also recently sponsored a bill to legalize medical marijuana in our state. It also did not pass due to the South Carolina Compassionate Care Act failing to meet a deadline.

For now, marijuana continues to be an illegal drug to possess, and a conviction can mean fines and jail time. If you are arrested for its possession, be sure to keep yourself informed and protected.

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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