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How We Build a Strong Defense for Drug Crime Cases

At Bannon Law Group, LLC, we leave no stone unturned in preparing an aggressive defense. We will:

• Conduct an Independent Investigation – We examine every detail rather than relying solely on prosecution evidence.
• Challenge Unlawful Search & Seizure – If your constitutional rights were violated, we fight to have evidence suppressed.
• Expose Weaknesses in the Prosecution’s Case – The state must prove every element of the charge beyond a reasonable doubt.
• Explore Alternative Sentencing Options – Drug courts, rehabilitation programs, and plea agreements may help avoid severe penalties.
• Represent You in Court – Whether negotiating a plea or taking your case to trial, we are ready to fight for you.

Every case is unique. Let us craft a defense strategy tailored to your situation.

Frequently Asked Questions About Drug Charges

1. What should I do if I’m arrested for a drug charge in South Carolina or Georgia?

If you are arrested for a drug-related offense, follow these steps:

• Remain Silent – Do not answer questions from law enforcement without an attorney present.
• Do Not Consent to a Search – If officers ask for permission to search your home, vehicle, or personal belongings, you have the right to say no unless they have a valid warrant.
• Contact an Attorney Immediately – A drug crime defense lawyer can protect your rights and start building your defense.

2. What are the penalties for first-time drug offenders in South Carolina and Georgia?

Penalties vary depending on the type and amount of drugs involved:

Misdemeanor Drug Possession (Small Amounts of Marijuana)

• South Carolina: Up to 30 days in jail and a $200 fine.
• Georgia: Up to 12 months in jail and a $1,000 fine.

Felony Drug Possession (Cocaine, Heroin, Meth, etc.)

• South Carolina: Up to 5 years in prison and fines.
• Georgia: 1–15 years in prison, depending on the drug and quantity.

First-time offenders may qualify for pretrial diversion programs, which can lead to dismissed charges upon completion.

3. Can drug charges be reduced or dismissed in South Carolina or Georgia?

Yes, drug charges can sometimes be reduced or dismissed depending on the circumstances. Common legal strategies include:

• Challenging the evidence – If law enforcement violated your Fourth Amendment rights (illegal search & seizure), evidence may be thrown out.
• Proving lack of possession – If drugs were found near you but not on you, the prosecution must prove you had knowledge and control.
• Plea negotiations – A strong legal defense may lead to reduced charges, such as plea agreements for a lesser offense.

Your attorney will assess the details of your case and determine the best course of action.

4. Can I get a drug conviction expunged in South Carolina or Georgia?

Expungement eligibility depends on the type of drug charge and your criminal history.

• South Carolina: First-time, non-violent drug offenders may be eligible for expungement after completing pretrial intervention (PTI) or a conditional discharge program. Convictions for felony drug charges cannot be expunged.
• Georgia: First-time offenders under the First Offender Act may qualify for record restriction (expungement) after successfully completing probation. However, drug trafficking convictions are not eligible for expungement.

If you think you may qualify for an expungement, speak with a criminal defense attorney to explore your options.

5. What is “constructive possession” in a drug case?

In some drug cases, prosecutors do not need to prove that the drugs were physically found on you. Instead, they may argue constructive possession, meaning:

• You knew about the drugs.
• You had control over the area where the drugs were found (e.g., your home, car, or belongings).

For example, if drugs are found in a shared vehicle or residence, you can still be charged even if the drugs belonged to someone else. A skilled defense attorney can challenge these claims by proving lack of knowledge or control.

6. What happens if I’m charged with drug trafficking in South Carolina or Georgia?

Drug trafficking is one of the most serious drug offenses in both states and carries mandatory prison sentences.

South Carolina Drug Trafficking Penalties:

• Marijuana (10–100 lbs.): Minimum 1 year in prison and fines starting at $10,000.
• Cocaine (10–28 grams): Minimum 3 years in prison and fines starting at $25,000.
• Methamphetamine (10–28 grams): Minimum 3 years in prison and fines starting at $25,000.

Georgia Drug Trafficking Penalties:

• Marijuana (10–2,000 lbs.): 5-year minimum sentence and $100,000 fine.
• Cocaine (28–200 grams): 10-year minimum sentence and $200,000 fine.
• Methamphetamine (28+ grams): 10-year minimum sentence and $200,000 fine.

Because of the severity of these charges, early legal intervention is crucial to build a strong defense.

7. How can I beat a felony drug charge in South Carolina or Georgia?

Potential defenses may include:

• Illegal search and seizure: If police violated your rights, the evidence may be thrown out.
• Lack of possession: Prosecutors must prove you had actual or constructive possession of the drugs.
• Insufficient evidence: The state must prove the substance was illegal and that you intended to possess, distribute, or manufacture it.

8. How long does the prosecution have to bring drug charges?

South Carolina: Unlike Georgia and most other states, South Carolina has no statute of limitations on criminal charges. This means the state can bring charges at any time after an offense occurs.

Georgia: Misdemeanor drug charges typically have a 2-year statute of limitations, while felony drug charges have a 4-year limit.

Get Help from an Experienced Drug Crime Defense Attorney

If you’re facing drug charges in Charleston, Beaufort, Bluffton, Savannah, or surrounding areas, don’t wait—contact Bannon Law Group, LLC for a strong defense.

Call 843-865-8922 or Contact us today to schedule a confidential case review.