how much does a lawyer charge for a marijuana distribution charge in sc

In South Carolina, a typical and reasonable percentage is 1/3rd of the recovery if the case is settled or 40% if a lawsuit is filed. These fees come off “the top” of the total amount recovered by the lawyer on the client’s behalf. In some “high risk” cases, I’ve heard of lawyers charging as much as 50% as a contingency fee.

Full Answer

What happens if you are charged with possession of marijuana in SC?

If you are found to be in possession of one or more ounces of marijuana you may be charged with possession with intent to distribute. Marijuana distribution charges are considered a felony in the state of South Carolina.

What are the penalties for marijuana trafficking in South Carolina?

The penalties for marijuana trafficking conviction in South Carolina are severe. Under South Carolina law, if you are in possession of 10 pounds or more of marijuana, you can be charged with trafficking and depending on whether it’s a first offense, or subsequent, the penalties increase in severity.

What are the different drug charges in SC Code of law?

In addition to the various specific drug charges and penalties described above, there are several other drug charges in SC Code of Law that could apply to your case. These drug charges range from misdemeanor to felony depending on the circumstances of your arrest.

Can I be charged for growing marijuana?

The law of manufacture, distribution and possession with intent to sell is designed to focus on those persons whose contact with marijuana is more than just for personal use. Manufacturing or growing marijuana is not drug-weight dependent. A person found to be growing one plant can be charged with this offense.

How do you get a simple possession charge dropped in SC?

Here is a brief overview of some of the most common reasons why a simple possession charge in South Carolina may be dropped or overturned:Plea Bargaining. ... Entrapment. ... Miranda Rights Violation. ... Unlawful Search or Seizure. ... Insufficient Evidence. ... Prosecutorial Discretion.

What happens if you get caught with edibles in SC?

The Penalty A simple possession charge is considered a misdemeanor and can result in up to 30 days in jail and/or a $100-$200 fine.

Is possession of a controlled substance a felony in South Carolina?

Possessing a Schedule I or II narcotic CDS and lysergic acid diethylamide (LSD) is a misdemeanor. Penalties for a first offense include a fine of up to $5,000, up to two years in prison, or both. Second offenses are felonies, and incur a fine of up to $5,000, up to five years in prison, or both.

How much marijuana can you have in a possession with intent to distribute?

If you’ve been caught with marijuana that weighs between 28 grams (1 ounce) and 10 pounds, you can be charged with possession with intent to distribute (PWID). Technically, an officer can charge you with PWID even if the amount is less than 28 grams if there are other indicators of probable cause of an intent to distribute the marijuana. Nonetheless, in all cases, if you’re charged with PWID, then the officer must have probable cause that you intended to deliver the weed to someone else and/or do more with the pot than simply have it for personal use.

How much does a person have to weigh to be charged with possession of marijuana?

In order to be charged with Possession of Marijuana (greater than 1 ounce) the amount of marijuana must weigh more than 28 grams and there must be no indication of an intent to distribute the marijuana.

What does marijuana mean?

“Marijuana” means:#N#(i) all species or variety of the marijuana plant and all parts thereof whether growing or not;#N#(ii) the seeds of the marijuana plant;#N#(iii) the resin extracted from any part of the marijuana plant; or#N#(iv) every compound, manufacture, salt, derivative, mixture, or preparation of the marijuana plant, marijuana seeds, or marijuana resin.

What happens if you get convicted of possession of marijuana in South Carolina?

If you receive a guilty verdict (conviction) for possessing marijuana in South Carolina, you can face criminal fines and other serious penalties. For help with your defense, consult with an experienced criminal defense attorney. A South Carolina possession of marijuana lawyer can examine the circumstances and facts surrounding your arrest and can help you choose the best legal option for your situation.

How long does it take to go to jail for possession of marijuana in South Carolina?

A marijuana possession conviction in South Carolina can result in up to 30 days or 6 months in jail depending on the total amount of weight of the drugs, a fine of up to $1,000, or any combination. When individuals commit subsequent drug offenses, they can face even harsher penalties. A subsequent conviction for marijuana possession (which is also a misdemeanor) can result in up to one year in jail and/or a fine of up to $2,000.

How much jail time is there for possession of a ounce of marijuana?

If the accused possesses under one ounce of marijuana, the potential penalties are 30 days in jail and/or a fine of between $100 and $200. A subsequent offense for possessing under one ounce of marijuana can result in one year of jail time and/or a fine of between $200 and $1,000. If the accused possesses over one ounce of marijuana, then the prosecutor may presume an intent to sell.

Is marijuana legal in South Carolina?

Federal law also prohibits marijuana possession under the Controlled Substances Act. To date, the State has no plans of legalizing marijuana in the near future.

How much is marijuana in jail?

Unlike manufacturing, distribution and trafficking charges, simple possession of marijuana is a misdemeanor. First conviction – Fines up to $1,000.00 plus court costs or up to 30 days in jail or both. Second conviction – Fines between $200 and $1000, up to one year in jail or both.

How much is the penalty for possession with intent to distribute?

Here’s how the penalties for Distribution, Manufacturing and Possession with Intent to Distribute apply: First offense – Fines up to $5,000 and/or up to 5 years in prison. Second offense – Fines up to $10,000 and/or up to 10 years in prison and a 5 year period of ineligibility for federal benefits.

How long can you go to jail for marijuana trafficking?

Trafficking of marijuana, and almost all controlled substances, subjects a person convicted for that offense to minimum mandatory time in prison starting at 25 years for which there is no probation permitted.

How much jail time for possession of more than 100 grams of heroin?

If you’ve been caught with more than 100 grams, you could be facing 25 years or more in prison and up to $200,000 in fines, depending on the amount of drugs in possession. Heroin. Simple possession and/or purchase – 44-53-370 (d) (1) South Carolina law considers heroin a controlled, dangerous substance.

What is the meaning of the law of manufacture, distribution and possession with intent to sell?

Manufacture, distribution and possession with intent – Section 44-53-370(b)(2) The law of manufacture, distribution and possession with intent to sell is designed to focus on those persons whose contact with marijuana is more than just for personal use. Manufacturing or growing marijuana is not drug-weight dependent.

How much is a first conviction fine?

First conviction – Fines up to $1,000.00 plus court costs or up to 30 days in jail or both

What is the definition of meth possession?

Methamphetamine. Simple possession and/or purchase – 44-53-375(A) To be convicted of simple possession of met hamphetamine, the State is required to prove actual or constructive possession . “Actual possession” means that you were found with meth on your person–in your hand, for example, or in your pocket.

What happens if you get caught with weed in South Carolina?

Whether you’re a frequent user, an occasional “social” user of marijuana, or your friend left a dime bag in your car, if you are caught with marijuana by law enforcement in South Carolina, you will face legal consequences. If you or a loved one has been charged with a marijuana crime, it’s important that you take steps to manage your situation.

How much marijuana do you need to be charged with simple possession?

In order to be charged with simple possession, you must be found to have an amount that equals 28 grams (1 ounce) or less of marijuana.

What does it mean to be charged with possession with intent to distribute?

A charge of PWID (or Possession with Intent to Distribute) implies that you were planning to sell some or all of the marijuana in your possession to other people.

How much marijuana is too much for personal use?

Essentially, having certain quantities of marijuana are considered to be too much for personal use–specifically, more than 28 grams or more than one ounce. In that case, the assumption is that you were intending to distribute the drugs by selling them to others–even if it really was just for personal use.

What happens if you get arrested for marijuana?

Facing marijuana charges is a potentially life-altering process that could include major fines, jail time and other repercussions. You and your family don’t need to face this challenging time alone.

What is marijuana paraphernalia?

That means any item that’s used to grow or harvest the drug, process and store it, or anything that aids in the sale or use of marijuana.

Can you get a trafficking charge for a few ounces of marijuana?

Trafficking charges are not used in cases with a few ounces of marijuana. Instead, trafficking cases tend to deal with pounds of marijuana that are discovered. The consequences for a trafficking charge take into account how many pounds were found as well as the number of prior offenses.

How much is a fine for possession of marijuana in South Carolina?

Simple possession of marijuana in South Carolina is a misdemeanor punishable by not more than 30 days in jail and a fine between $100 and $200.

How much is the penalty for possession of ten pounds of marijuana?

Trafficking: Possession of ten pounds or more (but less than 100 pounds) is a felony offense punishable by 1 year to 10 years in prison and a fine of $10,000.

What is a PWID in South Carolina?

PWID in South Carolina is a felony charge and penalties include a fine up to $5,000 and/or up to 5 years in prison. Distribution of marijuana is handled the same way as PWID. Manufacturing marijuana is also handled the same way as PWID and could be charged when a person grows or processes marijuana plants. Sales of marijuana within half a mile of a school or public park or to a minor can be punished by the addition of a $10,000 fine and/or up to ten years in prison.

How much jail time for a simple possession charge?

For a second charge, the charge remains a misdemeanor, but penalties increase to no more than 1 year of jail and between $200 and $1,000 in fines.

Is it illegal to buy marijuana in South Carolina?

While the possession of marijuana may be legal in more states across the country than ever before, it is still illegal to possess, buy or sell in South Carolina. As a criminal lawyer in North Charleston, I frequently handle cases for clients who have been charged with possession of marijuana, possession with the intent to distribute (PWID), possession within proximity of a school, manufacturing or trafficking marijuana. These varying charges are all serious charges but carry varying penalties. With the exception of a first-time charge of simple possession, which can be handled in municipal or magistrate’s court, all other charges are handled in general sessions court by the Solicitor’s office. If you have been charged with a crime involving marijuana, contact our office now for a free consultation.

Is marijuana legal in South Carolina?

South Carolina defines what parts of the marijuana plant are illegal to have. All types of marijuana and all parts of the plant, growing or not, seeds, and resin are illegal to possess. It is legal to possess mature marijuana stalks or plant fibers from the stalks as well as marijuana oil or cakes made from the seeds.

How long can you go to jail for possession of weed in SC?

You could go to prison for as much as twenty years in SC for having over one ounce of marijuana in your possession, while some other states have made it legal to possess as much as four ounces.

What is the charge of possession with intent to distribute?

Police will usually charge a person with possession with intent to distribute when the amount of drugs allegedly found is greater than the “threshold weight,” which varies from one type of drug to another. It’s basically the same as a simple possession charge, with the added element of intent to distribute – if police can show ...

What is PWID in SC?

PWID Marijuana. Possession of more than an ounce of marijuana in SC is usually charged as PWID instead of simple possession – maybe you don’t sell weed and you intended to smoke it all, but police will still charge you with possession with intent to distribute if it’s more than an ounce. Because marijuana is in Schedule I ...

How much time is required to be in jail for possession of cocaine?

Possession with intent to distribute cocaine base, or crack cocaine, carries the same penalties as PWID powder cocaine: (1) for a first offense, must be sentenced to a term of imprisonment of not more than fifteen years or fined not more than twenty-five thousand dollars, or both; (2) for a second offense, the offender must be imprisoned ...

What is the threshold weight for possession with intent to distribute cocaine?

The threshold weight for possession with intent to distribute cocaine charges is one gram:

How to prove intent to distribute?

Intent to distribute can also be proven by other evidence, like your statements, witness testimony, the way the drugs were packaged, or the presence of scales, ledgers, baggies, or other “sales paraphernalia.”

Is fentanyl a felony in SC?

Possession with intent to distribute narcotics like heroin or fentanyl is covered above in the section on heroin. The potential penalties for possessing non-narcotic drugs with the intent to distribute depends on the Schedule of the drug: PWID Schedule I , II, or III drugs is a felony covered by SC Code Section 44-53-370 (b) (2), ...

2 attorney answers

It sounds like you have good facts for a possible motion to suppress. You should contact several attorneys to get a sense of how much this will cost. Some attorneys will only bill by the hour while others will agree to a flat fixed fee.

Kenneth William Jacobson

Good job remaining silent! A case like this in Northern Virginia would run anywhere from $750 to $2000 plus, depending on the attorney. I cannot emphasize enough the importance of meeting with several attorneys before making a choice. Good luck...

What are the three types of legal fees in South Carolina?

Before I dive into what is a reasonable legal fee in South Carolina (and the “Taco” award), you should know that there are three basic types of fee agreements – contingency fee, flat, and hourly:

What percentage of a lawsuit is settled in South Carolina?

In South Carolina, a typical and reasonable percentage is 1/3rd of the recovery if the case is settled or 40% if a lawsuit is filed. These fees come off “the top” of the total amount recovered by the lawyer on the client’s behalf. In some “high risk” cases, I’ve heard of lawyers charging as much as 50% as a contingency fee. However, before you sign off on a 50% contingency fee contract, I encourage you to shop around and meet with other lawyers before agreeing to this arrangement.

What is contingency fee?

Contingency Fee – This type of fee arrangement is common in personal injury cases. In this situation, the attorney earns a percentage of whatever is recovered either by way of a judgment after a trial or a settlement.

What is flat fee in criminal court?

Flat Fee – This type of fee arrangement is common for criminal and DUI defense cases. Essentially, the lawyer charges a total fee – win, lose, or draw – to defend the client in criminal court no matter how much, or how little, time is spent in court.

Is it wrong to charge a lawyer more time?

Of course, there is nothing wrong with a lawyer taking more time to service their client . However, at some point, the client shouldn’t be charged an extraordinary amount of time to perform simple tasks just because the lawyer is unfamiliar with the process.

Actual Versus Constructive Marijuana Possession

Penalties For A Marijuana Possession Conviction

• An individual who sustains a South Carolina marijuana possession conviction can face harsh penalties. Marijuana possession is a misdemeanor, which is less-serious than a felony. A marijuana possession conviction in South Carolina can result in up to 30 days or 6 months in jail depending on the total amount of weight of the drugs, a fine of up to $1...

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Defenses to Raise in Court

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