Sumter Drug Charges Lawyer

Sumter, SC Drug Crime Attorney

When someone is arrested for drug charges, they are accused of possessing, distributing, manufacturing, or trafficking controlled substances. These crimes are met with substantial punishments, as the resulting damage to the public can be extreme. However, being accused of drug-related behavior does not automatically mean guilt. Everyone has the right to innocence, among other protections, which can be upheld by collaborating with a Sumter drug charges lawyer.

At Charles T. Brooks, we understand how scary and isolating it can feel to be charged with these crimes. Just like the state takes drug-related charges seriously, we take preserving our client’s rights and interests just as seriously. From the first consultation to the final verdict, we stand with our clients every step of the way to maximize their success and ensure a fair and balanced trial.

Understanding Drug Charges

Drug charges encompass a large range of different activities, from simple drug possession cases to more complex schemes of distribution or manufacturing. One of the greatest factors in deciding how intense a drug-related punishment will be is based on the specific type of drug involved.

For example, charges with substances like marijuana are likely to be treated differently than other drugs that have the strength to result in fatal overdoses. Common consequences of drug charges include hefty dollar fines, jail sentences, and even a permanent mark on your criminal record that can have a lasting impact on your ability to secure employment and housing in the future.

The Role of a Drug Lawyer

A drug lawyer, or a criminal lawyer with a focus on drug offenses, is specifically trained to advocate for those facing drug-related charges. These legal professionals take the time to understand the nuances of drug laws and how to leverage these intricacies to support their clients.

One of their main roles is to collect and examine evidence that can help point to what exactly occurred at the alleged drug incident. They will supervise the legal proceedings to ensure that no one takes advantage of their client’s constitutional rights while simultaneously creating a solid defense strategy to help reduce or dismiss the charges their client faces.

Common Defense Positions in Drug-Related Cases

While each case is treated uniquely, there are some common defense positions that a criminal lawyer will use to help defend their clients in court.

Lack of Possession

Your attorney may try to make the point in court that you were never in actual possession of the drug in question. This could be in situations where the drugs belonged to someone else in the room or if the defendant was unaware that they were in their possession. Tracing the drugs to their original source, in addition to witness testimonies, can help to make this case and combat the prosecution trying to link the defendant to the substance.

Unlawful Search and Seizure

All law enforcement is trained to obtain an official search warrant before entering a citizen’s private property. This is established in the Fourth Amendment of the United States Constitution. If there is any evidence to show how the drugs were obtained without a search warrant, a defense attorney can raise this fact in court and dismiss that piece of evidence entirely. In many cases, this would cripple the prosecution’s case and force them to retract their allegations.

Duress or Coercion

Some defendants may wish to take the position that they were forced into committing the crime under duress or coercion. For example, they may claim someone threatened to harm them or a loved one if they didn’t participate in the drug-related activity. This defense position will require an attorney to collect evidence to prove this, such as witness testimonies or electronic communication records.

Entrapment

It is illegal for a law enforcement officer to make a person commit a crime they otherwise would have never committed. An example of this would be if an undercover officer pressured someone to buy or sell drugs after the individual repeatedly tried to decline the request. This requires a defense attorney to prove in court that their client was persuaded or tricked by the officer, which will require evidence such as surveillance footage and witness testimonies.

Mistaken Identity or False Accusation

Some drug-related cases in the past have been dropped because the officers on the scene mistakenly identified someone else as the perpetrator. This could be caused by a simple misunderstanding or, in more extreme cases, an act of malice from the officer.

A defense attorney will need to prove this misunderstanding happened. This might be by presenting evidence of the person who should actually be charged or providing an alibi to prove their client was not at the scene of the crime.

Insufficient Evidence

In drug-related charges, it is the responsibility of the prosecution to prove a defendant is guilty of their allegations. A defendant does not need to prove their innocence, but they do need to instill a shadow of doubt that the prosecution’s charges are not clear enough to be prosecuted.

A simple yet sometimes effective defense is simply to point out that there is not enough evidence to prove the defendant’s guilt beyond a reasonable doubt. This could be challenging the credibility of a witness’s testimony or pointing out how the majority of their evidence is circumstantial.

Medical Necessity or Legal Prescription

Certain substances may have been legally prescribed to a defendant but were otherwise mistaken as illegally obtained. This has become more common in recent years due to the increase of medical marijuana and prescription drugs.

These instances can often be resolved fairly quickly with a doctor’s note and prescription history to demonstrate how the individual had the right to possess the drugs. If they are accused of sharing or selling medication that was prescribed to someone else, this is an extra step that will need to be defended in court.

Contact Charles T. Brooks Today

If you are facing drug-related accusations, get in touch with a drug crime attorney at Charles T. Brooks today. We have been honored to serve the Sumter community for many years and would love to extend our defense services to protect your rights and ensure a fair trial.