Carolina buying coke

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Carolina buying coke

Possession of cocaine is illegal in South Carolina. To be guilty of possessing a drug, a person must be found to have actual possession or constructive possession of the drug:. To be charged with 2nd or 3rd, it does not matter if you were previously convicted of a cocaine-related charge. Nearly any previous conviction of a drug crime except for marijuana can enhance a cocaine charge to a 2nd or greater offense. The previous conviction can be from any state or federal court to count. Convictions that occurred more than 10 years ago do not count. If you did time on the previous offense, the year window starts to run from the date you were released from custody. Basically, it is what it sounds like. If you are selling or otherwise distributing the drug, your charge can be much worse than simple possession. Also, if you merely had the intent to sell or distribute the drug, then you can be charged with PWID. Generally, to be charged with distribution, the police need to have caught you actually selling. This is often done by using undercover cops or confidential informants. For PWID, there generally needs to be evidence that you intended on selling. Usually, this evidence comes from the drug being stored in multiple bags, or the possession of scales used for weighing, among other things. If you have more than one gram of cocaine, the law also says that merely possessing more than one gram of cocaine or crack is evidence that you had the intent to distribute. So, even a recreational user who is holding enough for the weekend could be charged with PWID, even if the user was only holding a personal stash. If you are a recreational user, be aware of this law if you ever plan on holding more than a gram at a time. The penalties for distribution or possession with intent to distribute cocaine, in powder form, are as follows:. A 1st or 2nd offense can ask to have the sentence suspended and probation granted instead of jail. If incarcerated on a 1st or 2nd offense, the person is eligible for parole, supervised furlough, community supervision, work release, work credits, education credits, and good conduct credits. Only in limited cases can a person convicted of 3rd offense or greater ask for the benefits listed in this paragraph. Usually, if you are caught with this amount, they will charge you with trafficking instead of PWID. The penalties are as follows:. Enhancement to a 2nd or 3rd offense can come from crimes other than just cocaine trafficking charges. Also, no part of any sentence can be suspended so that probation can be granted. In other words, convictions for trafficking are guaranteed to carry jail time. Drug paraphernalia is basically an instrument used in conjunction with the drug. Water pipes, cocaine spoons, and vials are some of the more commonly found types of cocaine or crack paraphernalia. This can be difficult if not impossible to remove, so think twice before ever deciding to just pay the fine which is essentially pleading guilty to a paraphernalia charge. If a person distributes, sells, purchases, manufactures, or possesses with intent to distribute cocaine or a cocaine base in the proximity of a school, they will be charged with the underlying offense AND the separate proximity charge. There are varying rules on whether these must be public, or whether private schools count too. It is not uncommon that law enforcement may seek your cooperation in arresting others. Whether you should cooperate is a complicated question that depends on the facts of the case. Finally, if law enforcement insists that you testify in court, you may be putting yourself and your family in a potentially dangerous situation. We have handled these negotiations many times before and have seen what bad things can happen when people try to cut their own deal. We will review the lab reports and look for ways to attack them. Also, there are many ways to negotiate these types of cases. The cleaner your record, the easier it can be, but there may be ways around a conviction. Call us at Constructive possession can be in your closet, the console of a vehicle, or other places where you have control over the place. Joint possession is when more than one person can be in actual or constructive possession of the same drug. The police might charge more than one person with possessing the same substance. This is less common in possession cases but can still happen. It is more common in distribution cases or worse. Also, the court can require that someone enter and complete a drug treatment program. The penalties for distribution or possession with intent to distribute cocaine, in powder form, are as follows: 1st offense distribution or PWID of cocaine or crack is a felony. The same as distribution and PWID of cocaine or crack. Share This. Search for:. Recent Posts.

Cocaine in Charleston

Carolina buying coke

Possessing any amount of cocaine is a felony offense in North Carolina. This is based on its classification as a Schedule II substance. In contrast, marijuana is classified as a Schedule VI substance; the scheduling of illicit substances is determined by the potential level of abuse known about each one. Possession of small amounts of cocaine is classified as a Class I felony; this is the least severe felony class in North Carolina. The penalty for a first offense of cocaine possession is 6 months to one year in prison, but it is rare for a first offender to receive jail time. Certain items found in close proximity to cocaine may elevate a charge of simple possession to possession with intent to sell or deliver cocaine PWISD. These items include scales, empty sandwich bags, cocaine found in multiple bags, and large sums of cash. PWISD Cocaine is a Class H felony in North Carolina and carries a possible penalty of 10 months in jail for a first offender, or up to 30 months for suspects with past criminal records. In some cases, the police either use surveillance or confidential informants to establish that someone is selling or delivering cocaine. Punishments increase further for the sale or distribution of cocaine, which is categorized as a Class G felony. These penalties may include fines and up to 31 months in prison. If the amount of cocaine is suspected to be over 28 grams, North Carolina law considers that activity to be trafficking. Trafficking charges substantially increase the possible penalties. Trafficking grams of cocaine is considered a Class G felony, but is sentenced differently that other non-trafficking offenses, exposing someone to 70 months in prison. Trafficking involving grams of cocaine is classified as a Class F felony and exposes someone to 93 months in prison. In extreme cases where the trafficking amount is more than grams of cocaine, the classification is a Class D felony exposing someone to to months in prison. Trying cases where the possible punishments are so severe is a double-edged sword. On one hand, it may be the only way that someone facing a cocaine charge can be found not guilty. One the other hand, if that person is found guilty, they will probable be sentenced harshly. Fortunately, the District Attorney will most likely offer something less severe than what the law would allow. In most cases involving a first offense of possession of cocaine, a person may qualify for a program that eventually could see their charge dismissed. In occasions where someone does not qualify for a deferral program, there is a strong chance that the prosecutor offers them to plead to a misdemeanor. Every case is different, and a good defense attorney can insure that an accused client will get the best outcome without exposing them to the harshest punishments. Steven Saad is a Raleigh and Wake County criminal defense attorney with years of legal experience as both a defender of the accused and a former Wake County prosecutor. He is passionate about representing the people of his community that are accused of crimes and have unfortunately found themselves in our criminal system. During his years as a Wake County District Attorney, Steven prosecuted tens of thousands of criminal cases, giving him unparalleled insight into the criminal court process in Wake County. He thrives on the fact that a case can be won or lost in the smallest details, making preparation and communication with clients throughout a case critical. Contact us today. Skip to content. Cocaine Charges in Wake County. Simple Possession of Cocaine in North Carolina Possession of small amounts of cocaine is classified as a Class I felony; this is the least severe felony class in North Carolina. Sale or Distribution of Cocaine in North Carolina Punishments increase further for the sale or distribution of cocaine, which is categorized as a Class G felony. Defending Cocaine Charges in Raleigh and Wake County Trying cases where the possible punishments are so severe is a double-edged sword.

Carolina buying coke