SC Drug Trafficking Laws

Drug Trafficking Defense Attorneys

SC Drug Trafficking Lawyers

If you’ve been arrested and charged with drug trafficking, it is critical that you hire an experienced South Carolina Drug Trafficking Attorney. The penalties attached to being convicted of trafficking drugs are incredibly serious. Your present and future freedom depends on fighting these charges, as the penalties for drug trafficking (depending upon the drug, the arrest, and your record) can include:

  • Trafficking Marijuana: more than ten pounds, but less than one hundred pounds
    • First offense: One to 10 years in prison and $10,000 in fines;
    • Five to 20 years in prison and $15,000 in fines for a second offense trafficking charge;
    • 25 years in prison and $20,000 in fines for a third or subsequent offense.
    • If you are charged with trafficking over one hundred pounds of marijuana your possible conviction can result in up to 30 years in prison and $200,000 in fines.
  • Cocaine Trafficking: Depending upon the amount, penalties for trafficking less than one hundred grams:
    • First offense: three to ten years in prison and $25,000.00 in fines;
    • Second offense: five to thirty years in prison and a $50,000.00 fine
    • Third offense or subsequent offense: twenty five to thirty years in prison and a $50,000.00 fine.
    • If you are charged with trafficking over one hundred grams of cocaine your possible conviction can result in up to thirty years in prison and a $200,000.00 fine.
  • Under Federal Law, anyone who uses, possesses, or carries a firearm during or in furtherance of a drug trafficking crime is subject to a five year mandatory consecutive term of imprisonment.
    • If you are convicted of carrying a firearm, five years will be added to your sentence and it may not be served consecutively with any other count.

Do You Need Help?

We want to protect your rights as drug possession and drug trafficking lawyers. We provide aggressive representation  that comes from our years of experience interpreting and building the SC Drug laws. We want to help you fight.

1001 Violations – False Statements

False Statements

Columbia SC 1001 ChargesFalse statements (1001 violations) are our number one most handled Federal Court cases–giving us vast experience as South Carolina 1001 Defense Attorneys. False statements are defined as:

(a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully-

(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;

(2) makes any materially false, fictitious, or fraudulent statement or representation; or

(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;

shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both.

(b) Subsection (a) does not apply to a party to a judicial proceeding, or that party’s counsel, for statements, representations, writings or documents submitted by such party or counsel to a judge or magistrate in that proceeding.

(c) With respect to any matter within the jurisdiction of the legislative branch, subsection (a) shall apply only to-

(1) administrative matters, including a claim for payment, a matter related to the procurement of property or services, personnel or employment practices, or support services, or a document required by law, rule, or regulation to be submitted to the Congress or any office or officer within the legislative branch; or

(2) any investigation or review, conducted pursuant to the authority of any committee, subcommittee, commission or office of the Congress, consistent with applicable rules of the House or Senate.

Contact a Criminal Defense Lawyer BEFORE Speaking to an Investigator

Even if you are talking to an investigator in an informal way and were:

  • Not under oath,
  • Not advised that any statement made could result in criminal prosecution,
  • Lying or misspeaking about something small and inconsequential to the agent or government,
  • Telling a white lie

it doesn’t matter. If you speak to the Feds, ANY false statement can result in an arrest or indictment for making a false and material misrepresentation to a federal law enforcement officer. That is why we suggest you contact a federal criminal defense attorney if you are contacted by a federal agent, even if you do not have any reason to fear that you are personally under investigation. Make sure that your rights are protected. If you have been charged with making a false statement, it is highly important that you hire an experienced 1001 criminal defense attorney that knows what the Government must establish in order to convict you. We will fight for you to have your charges reduced or even dismissed.

Expungement or Pardon in South Carolina

What is an Expungement?

Expungement or Pardon Criminal Defense AttorneysFirst thing’s first. Let’s discuss what an expungement is. More often than not, if you have been convicted of a crime, you will have a permanent criminal record that will follow you the rest of your life. Despite the fact that you’ve done your time, paid your fine, etc. the impact of a conviction is permanent and will follow you forever effecting your personal and professional life. Yet, in this state, there is a possibility to have some convictions to be removed from your record through expungement. This is a legal order for the destruction of any record that relates to a previous arrest and/or conviction. An experienced South Carolina criminal defense attorney can advise you as to whether or not you are eligible for an expungement. When your criminal record accurately reflects your criminal history, it makes it easier to keep or secure employment because you don’t have to explain why you were arrested, suspected, or convicted of an illegal activity.

Things People Don’t Tell You About Having A Criminal Record

  1. An arrest does not mean being dragged off in handcuffs. If an officer takes your fingerprints, you will have a record. An arrest also occurs when you are given a ticket.
  2. Courts do find people guilty who have never appeared before a judge. You can be found guilty, forfeit your bond, and never go to court.
  3. A record includes both an arrest and the court disposition.
  4. You are responsible for ensuring that your criminal record is correct.

How to get an Expungement

  1. Check your Criminal Record to ensure it is correct.
  2. You need a copy of your warrant number, arrest date, and case disposition. (some rap sheets have it all).
  3. You may need a disposition from the local Judge.
  4. All expungements, unless otherwise provided above, cost $250, made payable to the Solicitor’s Office in the county where you were charged and/or convicted.
  5. These items must be taken to the Expungement office in the Solicitor’s Office in the county where you were charged and/or convicted.
  6. The Solicitor’s Office will fill out the orders/forms and guide you through the process.
  7. You must file your order with the Clerk of Court.
  8. There is an additional $35 fee to the Clerk of Court for all expungements of convictions. There is no charge for non-convictions.
  9. You must send a legal copy of the expungement order to SLED for a clean record. SLED will also forward the information to the FBI.
  10. SLED charges a $25 fee for processing the order, except for non-convictions.
  11. Once State Law Enforcement Division (SLED) has received your order for expungement, it will take 2 to 3 weeks to remove your charge. It normally takes about 4 weeks from the start of the expungement process until your record is clean.

Pardons

If you are not eligible to have a particular arrest or record expunged, you may be able to be granted a pardon. A pardon sets aside the punishment for a crime and also gives the rights/privileges back to the person that they lost due to their offense. Receiving a pardon is a very long and difficult process, and it may take numerous procedures and hearings.  and restores the rights and privileges forfeited on account of the offense. Receiving a pardon can be an extensive procedure involving applications and hearings.

Whether you are trying to get an expungement or a pardon, these criminal defense attorneys are very well-versed in the system and these types of cases and will fight tirelessly to have your rights given back to you. Please don’t dillydally to contact an attorney.