Charged with fentanyl possession? The time to speak with a drug charge defense lawyer is now. Given the rise of fentanyl possession offenses in the United States, law enforcement is taking more extensive measures to detain suspects. The police cannot arrest someone without probable cause, meaning there is sufficient evidence that you committed a crime. Having charges filed against you means that your case has already reached a prosecutor.
Given the resources available to the government, a conviction may be easily attainable for a state prosecution. That is why your top priority should be contacting our Greenville, SC, drug charge defense attorney who can protect your rights.
You Are Permitted to Have an Attorney Present at Your Bond Hearing
At a bond hearing, a judge will read the charges against you and inform you of your legal rights. Although you will not be required to enter a plea at this time, the judge will ask you questions regarding your home life, employment, and criminal history. If the judge believes that you are not a flight risk (i.e., that you will show up to court) and that you pose no threat to the community, bail will be granted. The type and amount are at the judge’s discretion.
Many defendants do not realize they are permitted to confer with counsel before a bond hearing. You should have an attorney at your bond hearing, as they can present the evidence needed to convince the judge to set bail. They can also advocate for a lower bail amount.
You Have a Right to a Preliminary Hearing
If you have been arrested on felony charges, you have the right to a preliminary hearing (also known as a probable cause hearing). This right also applies to certain misdemeanor charges. However, you must request it within 10 days of being notified of your right to the hearing. At a preliminary hearing, the magistrate will determine if there is sufficient evidence to establish probable cause. If probable cause exists, then your case will be bound over to the Court of General Sessions.
If probable cause is not established, then the charges against you will be dismissed, but the prosecution can refile charges against you at a later date. The only time you do not have the right to a preliminary hearing is if a grand jury indicts you or you waive your right to a grand jury indictment.
A First-Time Conviction Carries Potential Imprisonment
A first-time conviction for possession of fentanyl carries a maximum five-year prison sentence, a $5,000 fine, or potentially both penalties. As of June 2023, state law makes possession of merely two grains of fentanyl a felony offense. The circumstances surrounding the alleged crime will determine whether a judge favors imprisonment, fines, or both.
Given the possibility of losing your freedom, you need aggressive representation by your side. A Greenville, SC, drug charge defense lawyer can provide the evidence you need to reduce or negate your criminal liability. A criminal defense attorney understands nuances in the law and knows what information should be highlighted to support your defense. Mitigating factors, such as cooperating with the police, showing remorse, and having no prior record, can help you receive a lighter sentence.
Reach Out to Our Experienced Defense Lawyers Today
At Eppes & Plumblee, we know that unexpected events happen in life, but we believe that one transgression should not define your future. If you have been charged with fentanyl possession, you must obtain representation immediately to increase your chances of a successful outcome.
Self-representation can lead to a conviction due to a lack of legal expertise. Do not make the same mistake. If you are ready to speak with a Greenville, SC, drug charge defense attorney, contact us online or call (864) 581-3450.