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South Carolina Drug Crimes Legal Questions

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24 legal questions have been posted about drug crimes by real users in South Carolina. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include criminal law, theft, and weapons charges. All topics and other states can be accessed in the dropdowns below.
South Carolina Drug Crimes Questions & Legal Answers
Do you have any South Carolina Drug Crimes questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 24 previously answered South Carolina Drug Crimes questions.
Drug Crimes
South Carolina

Recent Legal Answers

A warent for my arrest was sent out almost 2 months after allegedly 1.2hrams of cocaine was found on me. Is that possible ?

Answered 8 years and 5 months ago by Dr. Michael Gordon Sribnick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Drug Crimes
Not only is it possible, it apparently happened.  You would be well advised to retain a criminal defense attorney.  The penalties can be up to 3 years in prison and/or a fine up to $5000.00. The answer to this question neither constitutes legal advice nor creates a lawyer/client relationship. Dr. Michael G. Sribnick, Esq. criminal defense attorney in Charleston and Columbia, S.C. Michael G. Sribnick, M.D., J.D., LLC  ... Read More
Not only is it possible, it apparently happened.  You would be well advised to retain a criminal defense attorney.  The penalties can be up... Read More

Can I give consent to search if I am under the influence of marijuana?

Answered 8 years and 11 months ago by Dr. Michael Gordon Sribnick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Drug Crimes
Yes, you can use this defense of intimidation, but the fact that you were high is probably not a viable defense.  For best results, you need to retain a criminal defense lawyer to advocate for you.  This answer does not constitute legal advice nor does it create a lawyer/client relationship. Dr. Michael G. Sribnick, Esq. criminal defense attorney in Charleston and Columbia, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read More
Yes, you can use this defense of intimidation, but the fact that you were high is probably not a viable defense.  For best results, you need to... Read More

What happens if I don't pay a civil citation for paraphernalia?

Answered 9 years and 10 months ago by Dr. Michael Gordon Sribnick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Drug Crimes
You would best be served by asking for a jury trial and hiring a criminal defense attorney.  If the paraphenalia was in plain view or even, if not, you would be well served by hiring a criminal defense attorney to protect your legal rights. Dr. Michael G. Sribnick, Esq. criminal defense attorney in S.C. Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read More
You would best be served by asking for a jury trial and hiring a criminal defense attorney.  If the paraphenalia was in plain view or even, if... Read More

What constitutes the 4th amendment

Answered 9 years and 10 months ago by Dr. Michael Gordon Sribnick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Drug Crimes
You need to consult with a criminal defense attorney.  The state's arguement will be that they are allowed to search anything that could contain an SD card.  Your arguement is best handled by a criminal defense attorney.  Do not go to court on your own. Dr. Michael G. Sribnick, Esq. criminal defense attorney in S.C. Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com  ... Read More
You need to consult with a criminal defense attorney.  The state's arguement will be that they are allowed to search anything that could contain... Read More

My 18-year-old son is being charged with two counts of possession of marijuana with intent to distribute on school grounds is there any way that hePti

Answered 10 years and a month ago by Dr. Michael Gordon Sribnick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Drug Crimes
The way to help your son is to get him a criminal defense attorney as soon as possible.  He is an adult by law, and these are serious charges.  This does not constitute legal advice and does not constitute the formation of a lawyer/client relationship. Dr. Michael G. Sribnick, Esq. criminal defense lawyer in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read More
The way to help your son is to get him a criminal defense attorney as soon as possible.  He is an adult by law, and these are serious charges.... Read More

Are our possessions safe if authorities discovered drugs (crack) in the neighbor's duplex?

Answered 10 years and 5 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Drug Crimes
Call the police with your suspicions. If they are reasonable, the police will try to get a search warrant and enter the house. 
Call the police with your suspicions. If they are reasonable, the police will try to get a search warrant and enter the house. 

Is it legal for police to enter my home and seize marijuana due to my parents' claim that I was suicidal, and if so, how may I get this charge revoked

Answered 10 years and 5 months ago by Dr. Michael Gordon Sribnick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Drug Crimes
This comment does not create a lawyer/client relationship.  The police are allowed to enter a dwelling under exigent circumstances.  A suicidal threat is arguably exigent circumstances, but this can be argued.  If something is in plain view it is argueably grounds for charges, but this too can be argued against. Regards, I am Dr. Michael G. Sribnick, Esq. Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read More
This comment does not create a lawyer/client relationship.  The police are allowed to enter a dwelling under exigent circumstances.  A... Read More

Is it illegal in south carolina to know smoking weed and underage drinking is taking place at your home even if you are not present?

Answered 10 years and 6 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Drug Crimes
Yes, if the individuals breaking the law were juveniles and the person who knew about the activity was an adult.
Yes, if the individuals breaking the law were juveniles and the person who knew about the activity was an adult.

active warrant for theft of a controlled substance caught on tape

Answered 10 years and 8 months ago by Dr. Michael Gordon Sribnick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Drug Crimes
I would suggest you hire a criminal lawyer to protect your rights.  I practice criminal law. Regards, I am Dr. Michael G. Sribnick, Esq. www.michaelsribnicklaw.com
I would suggest you hire a criminal lawyer to protect your rights.  I practice criminal law. Regards, I am Dr. Michael G. Sribnick,... Read More

is it possible to have 2 simple possession of marajuana convictions expunged?

Answered 10 years and 9 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Drug Crimes
It is possible if both charges were adjudicated at the same time.
It is possible if both charges were adjudicated at the same time.

Can I still get conditional discharge even if I have completed PTI in the past? (over a year ago) in Greenville, SC.

Answered 10 years and 11 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Drug Crimes
Yes. A conditional discharge and PTI are two different things. Bear in mind you do not have a right to a conditional discharge. If you get one, consider it a gift.
Yes. A conditional discharge and PTI are two different things. Bear in mind you do not have a right to a conditional discharge. If you get one,... Read More

Can you be arrested two weeks after police catch you with Prescption pills

Answered 11 years ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Drug Crimes
Yes. There is no statute of limitations on criminal violations. However, if she has a prescription for the drugs it shouldn't be too much trouble to have the charges dismissed.
Yes. There is no statute of limitations on criminal violations. However, if she has a prescription for the drugs it shouldn't be too much trouble to... Read More

How/When to file for motion to dismiss?

Answered 11 years ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Drug Crimes
The fact that you were not issued a speeding ticket in and of itself is not grounds for dismissal. Grounds for dismissal would be a 4th Amendment violation (illegal search and seizure).
The fact that you were not issued a speeding ticket in and of itself is not grounds for dismissal. Grounds for dismissal would be a 4th Amendment... Read More

Statutes of Limitation in NJ

Answered 11 years ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Drug Crimes
If this occurred in NJ, then you are in the wrong forum.
If this occurred in NJ, then you are in the wrong forum.

if the state does not test the drugs i was caught with do they still have a case against me?

Answered 11 years and a month ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Drug Crimes
They may still have a case against you but if law enforcement did not test the drugs to positively identify them, and they are no longer in evidence, it is doubtful the prosecution will bw successful. The theory is "Corpus delecti".
They may still have a case against you but if law enforcement did not test the drugs to positively identify them, and they are no longer in evidence,... Read More

will I get extended time to pay my simple possession of marijuana charge and my drug paraphernalia charge?

Answered 11 years and a month ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Drug Crimes
Possibly. Call the clerk of court for the court in which you were charged.
Possibly. Call the clerk of court for the court in which you were charged.

Curious to know what punishment could be in South Carolina for unlawful carrying of weapon and possesion of controlled substance schedule 1-5 1st offe

Answered 11 years and a month ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Drug Crimes
That depends. Were you charged with "felon in possession of a firearm"? Is the firearm charge in any way related to the drug charge? The penalties can be considerable. Do yourself a favor and higher an attorney. Don't use the internet to craft a defense for something so serious.
That depends. Were you charged with "felon in possession of a firearm"? Is the firearm charge in any way related to the drug charge? The penalties... Read More

What will most likely happen if I plead guilty to a misdemeanor for simple possession of marijuana?

Answered 11 years and 2 months ago by attorney Jonathan Brooks Davis   |   1 Answer   |  Legal Topics: Drug Crimes
The maximum penalty for a misdemeanor is $1000/ 30 days incarceration. There are many procedural ways to defend a simple possession charge starting with how was the offending substance found in the first place? Was there reasonable suspicion? Lawful search and seizure? Etc. There are also alternatives to pleading guilty. This is not something you want on your record. It could follow you if you apply to the military, jobs, etc. Retain an attorney. A misdemeanor defense shouldn't be too expensive and it will be worth it down the road.... Read More
The maximum penalty for a misdemeanor is $1000/ 30 days incarceration. There are many procedural ways to defend a simple possession charge starting... Read More

Chan I go to jail for not completing a ticket community service and drug class

Answered 12 years and 5 months ago by Dr. Michael Gordon Sribnick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Drug Crimes
This answer does not create an attorney/client relationship.  You did not do what the court graciously asked you to do.  You are, therfore, in contemt of court (failure to do what the court ordered).  I am a S.C. lawyer and board certified internal medicine physician.  My advice is to hire a lawyer to try to get you out of a mess that you have created for yourself by basically disrespecting the court. Regards, I am Michael G. Sribnick, M.D., J.D. Attorney Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read More
This answer does not create an attorney/client relationship.  You did not do what the court graciously asked you to do.  You are, therfore,... Read More

what should i expect to happen considering my history

Answered 12 years and 6 months ago by James Courtney (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Drug Crimes
If you were in the car and there were drugs in the car, you can be charged with possession of those drugs.  Being charged in a crime is not the same as being convicted so it is important that your lawyer know all the facts of the case, including whether you were with anyone else in the car, whether the drugs found were the same kind as the drugs you overdosed on, etc.  ... Read More
If you were in the car and there were drugs in the car, you can be charged with possession of those drugs.  Being charged in a crime is not the... Read More

can federal appointed lawyer call his clients wife while in rehab to say lawyer up or talk to local police that help incarcirate my husband

Answered 12 years and 6 months ago by Dr. Michael Gordon Sribnick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Drug Crimes
This answer does not create a lawyer/client relationship.  I am a S.C. lawyer and board certified internist.  I would suggest that you hire a lawyer in this case.  It sounds like you need the protection that only a lawyer will give you.  A wife does not have to testify against her husband, but if you were involved in the drug crime either directly or indirectly or benefitted from the proceeds, you do need a lawyer to protect your interests. Regards, I am Michael G. Sribnick, M.D., J.D. Attorney at Law Owner of Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com  ... Read More
This answer does not create a lawyer/client relationship.  I am a S.C. lawyer and board certified internist.  I would suggest that you hire... Read More

How does the drug testing work in a conditional discharge?

Answered 12 years and 6 months ago by James Courtney (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Drug Crimes
It seems like you have a good basic understanding of the conditions of your conditional discharge.  If you have some questions about the mechanics of how to get it done, you should contact the court or prosecutor to find out how exactly to go about complying with the court.
It seems like you have a good basic understanding of the conditions of your conditional discharge.  If you have some questions about the... Read More

Recent federal ruling on marijuana and current charges

Answered 12 years and 7 months ago by James Courtney (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Drug Crimes
No, the federal ruling will not effect his case, because South Carolina still says that possession of marijuana is illegal.  The federal law will not invalidate the South Carolina statute.  
No, the federal ruling will not effect his case, because South Carolina still says that possession of marijuana is illegal.  The federal law... Read More

my boyfriend has a court date for this month on the 14th and he said he won't go to it because he don'y have the $620 bucks to pay his ticket off if h

Answered 12 years and 8 months ago by James Courtney (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Drug Crimes
It will be up to the judge how long he will have to be in jail, but the court will most likely issue the bench warrant that day or the day after, and it will be in the computer system pretty quickly as well.  It is August 22 today when I saw this, so he likely will already have the warrant in the system if he hasn't resolved his problem.... Read More
It will be up to the judge how long he will have to be in jail, but the court will most likely issue the bench warrant that day or the day after, and... Read More
Drug Crimes
South Carolina

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