Legal Question in Criminal Law in South Carolina

First off, you can forget about the word, "simple." I don't know who in this process used that word in front of you, but there is no such thing as a "simple" Felony Criminal Drug Possession case. Some people who are not lawyers and don't know much about the law will use that word as a nickname, based on the particular charge being a possession charge, as opposed to a dealing charge.

I would love to help. I really would. But there is simply too much involved with these cases. What to do when prosecuting a person depends on many factors, including but not limited to their age, if they cooperated, if there was money or property was involved, if there is are witnesses, written statements, if they have a criminal record and if so how much of a record and what type of convictions, how strong the evidence is, meaning the quanity and quality of the evidence, if there are any defenses, if the case will go to trial, or be a plea, or if the person qualifies for one of the court programs that are used as an alternative to prosecution, or the Youthful Offenders Act, etc. There are also procecdural requirements the police and State have to go through such as the testing of the drug, the chemist's certification, testing results, Chain of Custody, and so forth. A good lawyer will review that process and see if everything is in order and if not, can often use in the defendant's favor.

I don't blame you for asking, but I just can't answer a question like that without more information. I have a lot of people contact me and say, "I've been charged with XYZ. What will happen to me when I go to court? What will my sentence be?" I can't answer their questions either. If everything was that cut and dried, there really won't be much of a need for lawyers.

The facts and circumstances of every case are different from all other cases. Each one is treated separately and according to the facts, circumstances and evidence of each case. By all means make sure you are represented by an attorney. Just because its only one pill is irrelevant. Its very serious, its a felony drug charge, and if not handled properly will end up being on your criminal record for the rest of your life.

My office and my primary practice as a criminal defense attorney is in Horry & Georgetown Counties. I also take certain cases state-wide, should you need to talk further.

Good luck,

Robert J. Johnston -- 843-946-0099 -- [email protected]

Good luck with everything.