what questions should i ask my lawyer if arrested in sc for paraphernalia

by Gwendolyn Hane Published 2 years ago Updated 1 year ago 4 min read

Can a court find that an item is drug paraphernalia?

As soon as possible after your arrest, tell the police that you want to talk to a lawyer. ... If you have questions about the law you should consult a lawyer. If you do not know a lawyer, you can call the South Carolina Bar Lawyer Referral Service weekdays between 9 a.m. and 5 p.m. The number is 799-7100 in Richland or Lexington Counties, and 1 ...

What happens if you are charged with possession of paraphernalia?

May 10, 2022 · We’ve shared the top five questions (with answers) for your attorney. 864-991-8738 info@ellislawupstate.com. Facebook; Facebook; Home; Our Firm. ... If you are arrested for a DUI in South Carolina, the court process can take a year or more to fully play out. ... Top Questions to Ask Your Lawyer About DUI Charges;

How long do you go to jail for drug paraphernalia?

What should I do if I was charged for drug paraphernalia in SC, I paid the traffic violation on time but my license is now suspended in GA? Asked on Oct 08th, 2012 on Criminal Law - Georgia More details to this question:

How to get an expungement for a non-conviction in South Carolina?

Well if you are already under arrest first before the questions then your answers should be suppressed. Skip to Main Content. Find a Lawyer. ... Lawyers.com Discuss Your Legal Issue Ask a Lawyer Criminal Law What can I do if I was arrested for paraphernalia and the officer did not tell me my rights until after finishing the Report/Questions?

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.

How long is a sentence for paraphernalia?

Possession of drug paraphernalia is a misdemeanor in California. If you're convicted, you face a possible jail sentence of up to six months in county jail. Additionally, you may be required to pay a fine of up to $1,000. Additionally, a conviction will mean that you have a permanent criminal record.

What is considered drug paraphernalia in South Carolina?

Under Section 44-53-110(33) of the South Carolina Code of Laws, drug “paraphernalia” is defined as, “any instrument, device, article, or contrivance used, designed for use, or intended for use in ingesting, smoking, administering, manufacturing, or preparing a controlled substance.” The only exceptions are cigarette ...Oct 28, 2020

How much is a simple possession charge in SC?

between $100 and $200

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. Clients with a first-time simple possession charge may be eligible to enter a pre-trial intervention program or attend a drug abuse program to decrease their penalties.Apr 15, 2022

What are examples of paraphernalia?

Paraphernalia are personal belongings or the things that you need to do a task. An example of the paraphernalia of motherhood is baby bottles, car seats, strollers and diapers. (plural only) Miscellaneous items, especially the set of equipment required for a particular activity; stuff.

Are rolling papers paraphernalia?

According to the Drug Enforcement Administration (DEA), drug paraphernalia includes: Rolling papers and cigars.Mar 10, 2022

Is possession of drugs a felony in SC?

A first offense of cocaine possession is a misdemeanor. The fine is up to $5,000 or up to three years in prison or both. As with the other narcotics, a second offense is a felony. The penalty carries a fine of up to $7,500, as much as three years in prison or both.

What are the penalties for possession of prescription drugs in South Carolina?

First offense – A fine of up to $1,000 and six months in jail. Second offense – A $2,000 fine and up to 12 months in jail. Subsequent offenses – Up to one year in jail and a fine of $2,000.Aug 7, 2015

What is considered drug trafficking in South Carolina?

Trafficking charges in South Carolina are usually based on the weight of the drug - possession of greater than ten grams of cocaine or cocaine base, four grams of heroin, or ten pounds of marijuana is considered trafficking under South Carolina law.

Do misdemeanors go away in SC?

Misdemeanor Offenses: Convictions for misdemeanors that carry a maximum sentence of 30 days and/or $1000 fine may be eligible for an expungement. You must wait three years and have no other convictions in those three years before applying for the expungement/five years if the conviction is for Domestic Violence.

Is simple possession a misdemeanor in South Carolina?

In simple possession cases, the first offense is charged as a misdemeanor, but any subsequent charge falls under felony status and comes with harsher penalties. It's not a mistake you'll want to make more than once, if at all.

How long does a simple possession stay on your record in SC?

3 years

First offense convictions for simple possession of almost any drug if the defendant has no other convictions for 3 years. First offense convictions for possession with intent to distribute any drug if the defendant has no other drug convictions for 20 years.