Legal Question in Criminal Law in South Carolina

Re: cocaine charge and shoplifting charge

How much time he can get and how much time he will get are not necessarily the same things. Cocaine charges come in four levels. Possession, Possession with Intent to Distribute, Distribution, and Trafficing. With your son's charge, he had just enough on him that the law presumes that he intended to sell it. But its important to note that he was not charged with actually selling it. Possession with Intent to Distribute, which is called PWID, carries up to 15 years. However, the law can be very forgiving for a first time offender. Depending on the facts, his history, and other things, I have had a lot of clients with this charge go into th PTI Program, or Probation, and on a few occasions, receive a fine. Its the second and third offenses where the law starts handing out stiff penalities. Often we can get PWID reduced to simple possession. There is also a drug court that a lot of people can get into. As a defense attorney, what I try to do is tailor the results of the case so that my client would end up with no criminal record, or as little of a record as possible. I say that because I suspect that your son in a young adult and therefore protecting his record is extremely important. All of these cases are handled differently and it just depends on the facts of the particular case as what would be in the client's best interest. As far as the shoplifting charge, that is a misdemeanor and is the least of his worries.

I hope this helps.

My office is in Horry County, but I practice state-wide if you need help or have more questions.

You may email me at [email protected]

Robert Johnston