Facing Drug Charges in Charleston, SC?
If so, you need a drug defense attorney on your side with many years of experience in cases like yours.
It’s no secret that being charged with a drug crime can change your life in an instant. You could be facing jail, prison time or even thousands of dollars in fines. When your freedom is on the line, you need a skilled legal defense team on your side.
Specifically, you need a drug charge lawyer in Charleston, SC who will:
- Fight the charge(s) filed against you,
- Protect your rights and reputation,
- Work to minimize the impact this charge has on your life and
- Apply over thirty years of experience in state and federal courts in South Carolina.
Questions about Common Drug Charges
How can I be charged with drug possession if the police search a car and find drugs that weren’t mine?
This is a relatively common situation. Often when police find drugs in a car, everyone present is charged with drug possession.
Why? The law says if 1) illegal drugs are present, 2) the police can prove that you had knowledge of the drugs and 3) you have “dominion” and control over them, you can be charged. This is known as “constructive possession.” Having drugs on your person, for example, is know as “actual possession.”
But remember, court is not held on the street.
There is no way to win my case since the police found drugs on me, right?
That’s not necessarily true.
Being caught with drugs in your car, pocket or purse is against the law. But everyone accused of a crime has rights, including the right to a lawyer and a fair trial.
And just like there are laws that govern what you are allowed to do, there are laws governing what the police are allowed to do. If these laws or your Constitutional rights are violated, we will use this to create your defense.
For instance, if the police illegally searched you, your attorney can file a motion to suppress the illegally obtained evidence from being used against you at trial.
Searches done without a warrant are presumed illegal, with a few exceptions, including:
- Consent, which is when you’ve given permission for your belongings to be searched,
- “In plain view”
- The existence of “probable cause” or
- “Exigent circumstances,” such as when the police have a reasonable belief that contraband or evidence is being destroyed.
What if it’s my 1st, 2nd or 3rd drug offense?
You can be prosecuted for a second or third offense if you have a prior conviction(s) for any drug, of any amount, on any previous occasion. That’s the case even if those convictions were for a different drug than what you are now charged with possessing or distributing.
In other words, if you had a simple possession of marijuana conviction eight years ago and get arrested for possession of cocaine, you could be charged with possession of cocaine second offense.
What’s the penalty for drug trafficking?
Drug trafficking is considered a felony offense—the most serious of crimes. A conviction could mean spending several years behind bars and paying thousands of dollars in fines. The penalty you face depends on a variety of factors, including your criminal history and the facts of your case.
Drug trafficking charges carry mandatory minimum prison sentences that’s determined by the drug weight or amount. Consulting with a local drug trafficking attorney will help you understand the possible consequences of your charges given the specifics of your case.
Get Help From a Criminal Defense Attorney
The criminal defense attorneys at Kulp Law Firm have represented people, just like you, who’ve been charged with drug crimes, including possession of marijuana or cocaine, illegal possession of prescription drugs, manufacturing of crystal meth, drug trafficking and more.
Not only has Mr. Kulp represented many clients in federal court for drug offenses, but he’s also worked as a former judge, prosecutor and FBI special agent. This means he’s seen all sides of state and federal criminal law.
This, along with his years of experience and his analytical creative case analysis, gives him a unique perspective that he uses to develop creative defenses for his clients.
Whether you were arrested with marijuana, cocaine, methamphetamines, heroin or some other controlled substance under South Carolina or federal law, we understand you have a lot at stake. That’s why the team at Kulp Law Firm takes our cases and their outcomes very seriously.
When working with us, you know that you’ll have a someone who cares and is committed to providing:
- Personalized attention. If you decide to retain us, you get the devotion of our team.
- Availability. When you have a question or concern, you want someone (a real someone) to be on the other end of the line. We’re available to you when you need us by phone and email.
- Honesty. Now is not the time for things to be sugar coated. With so much at stake, we’re going to be honest with you about your situation so you can set realistic expectations.
So if you are facing drug charges in Charleston, S.C., don’t wait. Your situation won’t get better — at least not without experienced legal help. Contact the attorneys of Kulp Law Firm to discuss your case today.