The First Steps After a Drug Arrest
Some drug cases start with a ticket and a court date. Others start with an arrest and a night in jail. Either way, a few things come first.
- Bond. Anyone held on a bailable charge generally must have a bond hearing within 24 hours of the arrest.1
- The charge papers. Keep the ticket or warrant. It names the drug and the charge.
- The court date. Find it on the ticket, the warrant or the bond papers. Put it on a calendar the day you find it, and go to every date.
- Any property taken. If cash, a phone or a car was taken, keep whatever receipt, inventory or notice you were given, and bring any papers about it to a lawyer right away.
- Protect your rights and preserve evidence. You can ask for a lawyer and generally decline to answer investigative questions about the alleged offense.3 Do not delete messages, photographs, or other potentially relevant records. In qualifying General Sessions cases, a preliminary hearing must generally be requested within 10 days after notice of the right.4 Ask a lawyer to review the paperwork promptly.
The bond hearing decides release, not the case itself. The law sets its timing but doesn't promise release or any set terms.1
What Is the Difference Between Possession and PWID?
A simple possession charge generally alleges unlawful possession of a controlled substance. Possession with intent to distribute (PWID) alleges possession with the intent to sell, deliver, or otherwise distribute it.2
South Carolina law permits certain quantities of drugs to serve as prima facie evidence of an intent to distribute. But quantity alone does not automatically establish guilt, and the prosecution must still prove the elements of the offense.5 Packaging, communications, money, and other evidence may also be relevant.
Distribution and trafficking are separate offenses that can carry more severe penalties.2 The exact substance and amount matter, so the charge listed on the warrant is an important starting point.
Possible Penalties for Drug Possession
Penalties vary a great deal, even among simple possession charges. A few first-offense examples:
- Possession of 28 grams or less of marijuana: up to 30 days in jail.6
- Simple possession of cocaine: up to three years.7
- Possession of less than one gram of methamphetamine or crack cocaine: up to three years.8
These examples are not penalties for every quantity or type of drug. Prior convictions, distribution allegations and trafficking can change the possible penalties a great deal.2
Want someone to look at your situation?
Talk with us about the charge and ask the questions on your mind.
Searches, Stops and Seized Phones
How police came to find the evidence can matter. The reason for a traffic stop, whether anyone consented to a search and whether there was a warrant are all questions a lawyer may look at.9
A phone taken during an arrest is its own issue. Seizure of a phone does not necessarily authorize police to search its digital contents, which may raise separate Fourth Amendment questions.9
Drug Charges We Handle
We handle drug charges in the Charleston area, including:
- Possession of marijuana or hashish
- Possession of cocaine
- Possession of crack cocaine or methamphetamine
- Possession with intent to distribute
The charge on the warrant is what the State says it can prove. It is not a finding.
Talk to Us About a Drug Charge
We start with you: what happened, what you were handed and what worries you most. Tell us what you remember about the stop or search. We give you a straight answer about where things stand. We don't predict results or promise them.
A family member or trusted friend can call for someone who is still in jail.
We take criminal cases in the Charleston area. Our office is on King Street in downtown Charleston. The first conversation can happen by phone.
If a drug charge came from a traffic stop that also led to an impaired-driving charge, our page on DUI charges explains that side of the case. For a broader look, see our criminal defense overview.
South Carolina Law on This
- Under South Carolina law, a person arrested and charged with a bailable offense must receive a bond hearing within 24 hours of arrest. If bond is posted and delivered to the jail or detention facility, the person must be released within a reasonable time, not exceeding four hours after the bond is delivered to the facility. These statutory deadlines do not guarantee that bond will be granted or determine the amount or conditions of bond.1
- South Carolina distinguishes simple possession, possession with intent to distribute (PWID), distribution and trafficking of controlled substances. Under S.C. Code §§ 44-53-370 and 44-53-375, the substance, the quantity, the alleged conduct and prior qualifying offenses affect the charge. Distribution, PWID and trafficking can carry much more serious penalties than simple possession, including mandatory prison sentences in some cases.2
- A person can ask for a lawyer and can generally decline to answer investigative questions about an alleged offense.3
- For qualifying General Sessions charges, Rule 2 of the South Carolina Rules of Criminal Procedure generally requires a request for a preliminary hearing within 10 days after the defendant receives notice of the right to one.4
- South Carolina law permits certain quantities of drugs to serve as prima facie evidence of an intent to distribute. Quantity alone does not automatically establish guilt, and the prosecution must still prove the elements of the offense. Packaging, communications, money and other evidence may also be relevant.5
- In South Carolina, possessing 28 grams (one ounce) or less of marijuana, or 10 grams or less of hashish, is a misdemeanor. A first offense carries up to 30 days in jail or a fine of $100 to $200. A second or later offense carries up to one year in jail or a fine of $200 to $1,000, or both.6
- Under South Carolina law, a first offense for possession of cocaine is classified as a misdemeanor punishable by up to three years in prison, a fine of up to $5,000, or both.7
- Under South Carolina law, a first offense for possession of less than one gram of methamphetamine or cocaine base (crack cocaine) is a misdemeanor punishable by up to three years in prison, a fine of up to $5,000, or both.8
- The Fourth Amendment protects against unreasonable searches and seizures. Depending on the circumstances, police may need a warrant or a legally recognized exception to conduct a search. An unlawful search may provide grounds to seek suppression of evidence, but it does not automatically result in dismissal. Seizure of a phone does not necessarily authorize police to search its digital contents.9
- Property taken as evidence may be handled differently from property targeted for forfeiture. In some cases, a separate civil forfeiture proceeding, with its own procedures and deadlines, may affect ownership of seized cash or other property, even while the criminal case is still pending.10
Frequently Asked Questions
What penalties could I face for a drug charge?
South Carolina drug penalties depend on the substance, amount, charge, and prior qualifying convictions. A first offense for possessing a small amount of marijuana may carry up to 30 days in jail.6 First-offense simple possession of cocaine, or of less than one gram of methamphetamine or crack cocaine, can carry up to three years.78 Distribution, PWID and trafficking charges can carry much more serious penalties, including mandatory prison sentences in some cases.2
What if the police searched my car or home?
The Fourth Amendment protects against unreasonable searches and seizures. Depending on the circumstances, police may need a warrant or a legally recognized exception to conduct a search. A lawyer can examine the reason for the stop, whether consent was given, and how the search occurred. An unlawful search may provide grounds to seek suppression of evidence, but it does not automatically result in dismissal.9
The police took my cash, phone, or car. What should I do?
Keep every property receipt, inventory, seizure notice, and related document. Property taken as evidence may be handled differently from property targeted for forfeiture, and a separate civil forfeiture proceeding may affect ownership of seized cash or other property. Do not ignore notices or deadlines, even if your criminal case is still pending.10 A lawyer can help determine what process applies.
Can someone call a lawyer for me while I'm in jail?
Yes. A family member or trusted friend can make the first call. It helps to have your full name, the charge on the paperwork and any court date. The first conversation can happen by phone.
Sources
- S.C. Code § 22-5-510(B)
- S.C. Code §§ 44-53-370, 44-53-375
- U.S. Const. amends. V, VI, as stated in Sean Hall's Nov 5 review notes
- Rule 2, South Carolina Rules of Criminal Procedure
- S.C. Code § 44-53-370(d)
- S.C. Code § 44-53-370(d)
- S.C. Code § 44-53-370(d)(3)
- S.C. Code § 44-53-375(A), (B)
- U.S. Const. amend. IV
- South Carolina drug forfeiture law, as stated in Sean Hall's Nov 5 review notes
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
