Fentanyl trafficking cases are usually prosecuted more aggressively than other drug offenses because they typically involve enhanced investigations, multiple law enforcement agencies, and mandatory minimum sentencing laws. Prosecutors often devote substantially more resources to these investigations because of fentanyl’s potency and its connection to overdose deaths.
If you’re being investigated for fentanyl trafficking, you should know that prosecutors may spend months gathering evidence before they make an arrest, so it’s in your best interest to act fast and contact our Greenville drug charge defense lawyers at Eppes & Plumblee, P.A. and start preparing your defense.
Fentanyl Trafficking Charges Depend on Weight, Not Intent to Sell
One of the most common misconceptions is that prosecutors must prove someone intended to sell fentanyl before they can file trafficking charges. In many cases, that isn’t true.
South Carolina’s trafficking laws generally base the offense on the quantity of the controlled substance involved, rather than whether investigators observed a drug sale. S.C. Code Ann. §§ 44-53-370 and 44-53-375 establish offenses involving controlled substances and trafficking-related conduct.
For example, if investigators recover enough fentanyl to meet the statutory trafficking threshold, prosecutors may pursue a trafficking charge even if they never recover cash, customer lists, or other evidence of drug sales.
How Law Enforcement Builds a Fentanyl Trafficking Case in Greenville
Prosecutors typically build their case by combining multiple forms of evidence to establish how the alleged fentanyl trafficking operation functioned. Evidence may include controlled purchases, confidential informants, surveillance footage, search warrants, text messages, social media communications, laboratory testing, GPS or location data, and financial records.
For instance, investigators may combine surveillance showing repeated visits to a residence with text messages discussing drug transactions and laboratory testing confirming the seized substance contains fentanyl. Rather than relying on a single piece of evidence, prosecutors typically argue that all of the evidence together proves trafficking beyond a reasonable doubt.
Federal Agencies Are Sometimes Involved in Fentanyl Trafficking Cases
Depending on the facts, federal agencies such as the Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), Homeland Security Investigations (HSI), or the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) may participate in the investigation.
Federal involvement is more common when investigators believe the alleged trafficking involves large quantities of fentanyl, crosses state lines, involves organized criminal activity, or includes firearms or other federal offenses. Even when federal agencies assist with an investigation, however, charges may still be filed in the South Carolina state court.
Mandatory Minimum Sentences Can Affect Plea Negotiations
Unlike many criminal offenses, trafficking charges often carry mandatory minimum prison sentences based on the amount of fentanyl involved. These sentencing requirements can significantly affect plea negotiations because judges generally have less discretion to impose a sentence below the statutory minimum. For that reason, disputes over the weight of the controlled substance, laboratory testing, or the applicable trafficking level may have a substantial impact on how a case is resolved.
Our Greenville Drug Charge Defense Attorneys Can Help With Your Fentanyl Trafficking Case
If you’re facing a fentanyl trafficking investigation, don’t assume the prosecution’s case is complete simply because substantial evidence has been gathered. Reach out to Eppes & Plumblee, P.A. to arrange your confidential case evaluation at 864-581-3450 or online.
Our drug charge defense lawyers in Greenville can examine how the investigation was conducted, determine whether your constitutional rights were violated, evaluate whether the state can prove the trafficking charge, and identify weaknesses that may affect the outcome of your case.