Drug Charges In North Myrtle Beach

The Bagnal Law Firm represents individuals facing drug charges in North Myrtle Beach, Little River, Myrtle Beach, Aynor, Conway and the surrounding areas of the Grand Strand.

South Carolina Law prohibits a wide range of conduct involving controlled substances. Most often, theconduct or intent associated with the possession of the controlled substance or narcotic, not the drug itself, is the primary driver of which category of charge is brought. Drug charges generally fall into three categories: possession, possession with intent to distribute, and trafficking.

Possession

A possession charge generally alleges that an individual knowingly possessed a controlled substance without legal authorization. South Carolina law recognizes both actual possession, where an individual has physical possession of a substance, and constructive possession, where the State alleges that the individual knew of the substance's presence and had the power to exercise dominion and control over it.

Possession With Intent To Distribute

Possession with intent to distribute, commonly referred to as PWID, involves an allegation that an individual possessed a controlled substance with the intent to distribute it to another person. Unlike simple possession, the State must establish not only possession of the substance, but also the intent to distribute it. Evidence of intent such as the weight of the substance, associated packaging materials, scales, and other surrounding circumstances, may be admitted at trial to prove the State’s case. PWID carries more substantial penalties than simple possession, and the applicable punishment depends on the substance involved and, where provided by statute, the individual's prior convictions.

Trafficking

Drug trafficking is among the most serious drug offense under South Carolina law. Trafficking statutes establish specific weight thresholds for various controlled substances. Under those provisions, the State may establish a trafficking offense by proving possession of a quantity of a controlled substance greater than the statutory threshold.Unlike a PWID charge, the State does not need to prove that the drugs were possessed with any intent to distribute. Trafficking convictions carry substantial penalties, including mandatory terms of imprisonment and significant fines.

Enhanced Penalties

An important consideration in drug prosecutions is the effect of an individual's prior criminal history. South Carolina law provides for enhanced penalties for certain drug offenses based on qualifying prior convictions. Prosecutors carefully review an individual's criminal history when evaluating the charges to pursue and the potential sentencing exposure. Prior convictions can significantly affect the potential sentence, plea negotiations, and eligibility for certain diversion or alternative sentencing programs.

Challenging Drug Charges

Drug charges have a unique character among criminal offenses. These cases often turn on seemingly insignificant factual details and circumstantial evidence that can have substantial consequences for the charges brought and the outcome of a case. Challenges to the legality of an investigation, the methods used to obtain evidence, and the handling and testing of controlled substances can materially affect the State's ability to prosecute a case. In appropriate circumstances, constitutional violations may provide grounds to suppress evidence altogether.

Successfully defending a drug charge requires careful attention to both the facts and the law, as well as an understanding of how prosecutors investigate and build these cases. As a former Senior Assistant Solicitor, Dylan Bagnal has experience prosecuting narcotics trafficking cases and understands the considerations involved in defending these charges.

Bagnal Law Firm represents individuals charged with drug offenses from the initial bond hearing through trial. If you or a loved one is facing drug charges, contact the Firm to schedule a consultation.