At David R. Price, Jr., P.A. Attorneys at Law, we get a lot of questions about drug charges in Greenville, South Carolina. The prospect of conviction on many of these offenses comes with some severe and costly collateral consequences in addition to criminal penalties, fines, and costs.
What Types of Drug Charge Cases Do David R. Price, Jr., P.A. Attorneys at Law Handle?
At David R. Price, Jr., P.A., we handle everything from simple possession of marijuana to trafficking “hard” drugs like cocaine, cocaine base, and methamphetamine.
As a result of the frequency with which prescription opiates are prescribed to folks treating for injuries or pain, many of our clients suffer from addiction related to legal pain medications. To help these folks, we work hard to help them repair themselves as it is easier to successfully resolve pending drug charges when the underlying issues of addiction are also resolved.
We also see a great many young people charged with simple possession of marijuana, paraphernalia, possession of MDMA, possession of cocaine, and possession of prescription medications. Often these kids are using drugs recreationally and by virtue of some poor decisions, find themselves confronted by law enforcement and accused of various drug crimes. There are avenues available to kids accused of these types of drug crimes that can help them avoid acquiring a criminal history and the stigma and collateral consequences associated with a conviction.
Finally, there are many folks who by virtue of a lack of options, economic resources, or support, find themselves participating in the cultivation or distribution of drugs. These people are very often good people who have just made bad mistakes. At our firm, we have the skills and legal experience to know what to expect from the prosecution, how to attack the State’s evidence, and how to provide an aggressive and successful legal defense.
What Are Possible Defenses for Drug Charges in Greenville, South Carolina, Criminal Defense Cases?
The most important tool in a good criminal defense attorney’s tool box is the Constitution. The U.S. Constitution affords everyone in our country certain rights that help ensure that our freedoms are preserved and our liberty is not violated.
The Fourth Amendment of the U.S. Constitution ensures that every person in this country shall be free from unreasonable searches and seizures. In most circumstances, law enforcement must have a warrant before they search a person’s home, business, computers, phone, or personal effects. When evidence is obtained in violating of an individual’s Fourth Amendment rights, then that evidence has been obtained unlawfully and should not be admitted against a defendant in the trial of that defendant’s case.
The Fifth Amendment of the U.S. Constitution ensures that no person will be required to bear witness against himself or herself. Practically, this affects criminal cases when law enforcement officers interrogate a criminal suspect without first advising the suspect of his Miranda warnings or Miranda rights. If law enforcement participates in a custodial interrogation of a suspect without first advising that person that he or she has a Constitutional right not to incriminate himself or herself, then any information the suspect provides law enforcement should be excluded from trial as unlawfully obtained in violation of the suspect’s Fifth Amendment rights.
As Greenville, South Carolina Criminal Defense Attorneys, What Do We See Most Often?
In Greenville, the drug cases fall primarily into four categories: 1) folks with small amounts of marijuana or “club” drugs; 2) folks possessing opiates and/or heroin; 3) folks distributing small amounts of crack, cocaine, methamphetamine, pills, or marijuana; and 4) folks moving substantial quantities of pills, methamphetamine, cocaine, or marijuana.
The first three categories are often easily resolvable as the potential penalties are not particularly substantial. The fourth category, however, can be harder to resolve inasmuch as the mandatory minimum sentences are often so great that the defendant does not consider the risk of going to trial and losing to be much more substantial than the plea offers extended by the prosecution.
In either circumstance, the only leverage a criminal defendant has is his or her willingness to fight a case. If there exists a legal or factual defense, then there exists a reason why the prosecution should give up something to facilitate a plea. When the prosecution knows a defendant is not willing to try a case, the prosecution has no reason to offer anything other than what it thinks the defendant will get at trial other than the prosecution’s own sense of fairness and justice.
Should You Plead Guilty if You Are Guilty of the Drug Charges Against You?
Sometimes folks think the best way to deal with a pending criminal warrant is to plead guilty to that warrant quickly to resolve the matter and promptly move forward. Sometimes, though, pleading guilty is not the best option. Some folks are eligible for pretrial intervention or other forms of diversion. Some folks are eligible for conditional discharges. Some folks may be able to resolve their cases by pleading guilty to lesser included offenses. Anyone charged with a drug crime should talk to a Greenville, South Carolina, criminal defense attorney before making any final decision to enter a plea of guilt.
Is it Necessary to Hire a Criminal Defense Attorney in Greenville, South Carolina?
There is no legal requirement to hire an attorney in the State of South Carolina. In fact, the public defender program is available to folks who have pending warrants and cannot afford private counsel. If you’re worried about making sure that your case gets the time and attention that it deserves, then contact the Greenville, South Carolina criminal defense attorneys at David R. Price, Jr., P.A. We’d be happy to talk to you about your case, inform you of your rights, and discuss how to best resolve your pending warrant or warrants.