Drug Charge Penalties in Greenville, SC
If you are facing allegations of a drug offense, you may be facing jail time, steep fines, license suspension, and a criminal record. These penalties can be the first in a long line of consequences, with many individuals finding it difficult to find employment, unable to renew professional licensure, and losing visitation rights.
A conviction is a red flag for many employers. Unfortunately, there is currently no state law that prevents an employer from denying employment to a former convict. Given both the present and collateral consequences you are up against, you need to speak with an experienced defense attorney today.
Penalties for Drug Charges
A conviction for a drug offense is subject to jail time, fines, and potential license suspension in South Carolina. The penalties will depend on the potential for abuse, the quantity of drugs, the type of offense, and your past criminal history. For example, simple possession of marijuana (28 grams or less) carries up to 30 days in jail and a $200 fine for a first offense. In contrast, simple possession of cocaine (one gram or less) is subject to up to three years in prison and a $5,000 fine.
Possession with Intent to Distribute & Drug Trafficking
Possession of these drugs in larger quantities can lead to possession with intent to distribute (PWID) charges. For example, while 28 grams or less of marijuana will result in a simple possession charge, more than an ounce will constitute prima facie evidence that you intend to distribute or sell the substance.
If you have ten pounds or more of marijuana, the charge will be bumped up to a trafficking charge. Under the law, trafficking in 10 pounds or more but less than 100 pounds of marijuana is punishable by a maximum ten-year sentence and a potential $10,000 fine.
Collateral Consequences
In addition to immediate penalties, you may face the following collateral consequences:
Trouble Finding Employment
Employers are less likely to hire you with a criminal record, making it more difficult for you to find suitable employment. Unfortunately, a “ban the box” law does not currently exist in South Carolina so that employers may ask about an applicant’s criminal history on a job application.
Even so, under the Fair Chance Act, employers must evaluate the seriousness of the offense, how long ago it occurred, and if the criminal act has any bearing on job duties before denying a former offender employment. Though this federal law attempts to break down barriers, individuals with a criminal history still find it challenging to find well-paying work.
Renewing Professional Licensure
Electricians, plumbers, doctors, nurses, and barbers are just a few of the positions that require a professional license. If you are attempting to renew professional licensure, a conviction may impede renewal if it affects your job duties. For example, a drug conviction can threaten numerous occupational licenses, including licenses for healthcare professionals, law enforcement, and teachers.
Loss of Visitation Rights
In determining the best home environment for a child, the court applies the “best interests of the child” standard. A judge wants to ensure the child is placed in a stable, nurturing environment. Of course, drug charges are a major red flag for the court, likely to impact custody and/or visitation rights. Even though drug charges place you at a severe disadvantage to see your child, if you are convicted, the court may not even grant supervised visitation upon your release.
Speak with Our Greenville Drug Charge Defense Attorneys Today
If you have been charged with a drug-related offense, the legal team at Eppes & Plumblee would like to speak with you. Our drug defense lawyers are committed to helping defendants avoid prison time through providing skilled representation. To schedule a confidential case consultation with a member of our legal team, we can be reached online or by calling (864) 581-3450.