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Possession with Intent to Distribute (PWID)
At the Law Office of Greg McCollum, we have represented many people charged with probably every type of drug, narcotic or controlled substance offense. Attorney Greg McCollum has tried cases of possession of drugs, possession with intent to distribute drugs, distribution of drugs and trafficking drugs. Our office has represented individuals charged with everything from possession to distribution to trafficking every type of narcotic controlled substance including Marijuana, Cocaine, Crack Cocaine, Cocaine Base,Heroin, Psilocybin Mushrooms, LSD, Ecstasy MDMA, Methamphetamine, Crank, Valium, Oxycodone, Oxycontin, Xanax, Hydrocodone, Morphine and also imitation controlled substances. If you have been arrested for a controlled substance or drug offense, you are likely facing the possibility of a harsh punishment including possible or likely incarceration. Under South Carolina law prior convictions can often be used to enhance a penalty which results in a conviction whether the conviction is a result of a guilty verdict after a trial or as the result of a voluntary guilty plea before a judge. Some charges carry what is known as a mandatory minimum time of imprisonment, depending upon the crime alleged and the number of prior drug convictions on a person’s criminal record. It is very important to make certain that a sentence is not being enhanced incorrectly because the consequences can be drastic in effect upon the possible sentence. Additionally, there are exceptions and circumstances where the offense cannot legally be enhanced and lengthened so it is very important to get that right.
Many times people are arrested and charged with simple possession of drugs or possession with intent to distribute drugs or even drug trafficking because police say they located narcotic drugs in someone’s car or apartment or house where they live. many times other individuals are arrested because they were in the car at the time of the police stop or were at the house or apartment or hotel room when the police raid occurred. It is important to know that merely being present where drugs are found does not constitute the offense of drug possession. The state has the legal burden of proving that the person had knowledge the drugs were there and the person intended to exercise ownership or dominion and control over the illegal substances. Having control over the car or house or apartment or hotel room alone is not enough.
These are important factual and legal issues which should be examined and considered before someone decides how to proceed on his or her particular case. consulting an experienced and qualified criminal defense attorney can make the difference between getting a dismissal of charges versus a conviction, and can also make the difference between receiving a prison sentenced versus probation.
If you have been charged with a drug offense, you may contact our office to schedule an appointment so that we can review your case and explain what options are available to you.
What will happen on your case, depends upon many factors. Having an experienced and qualified criminal defense lawyer is one of those factors. Every case is unique and different defenses are available on different cases. If you are interested in a consultation, please contact the Law Office of Greg McCollum for an appointment.
Following are some examples of cases that Attorney Greg McCollum has handled. These are provided to give you information which may be helpful. Often, people think that because they were arrested and charged with a criminal offense that there is nothing they can do about it, and that the situation is hopeless or futile. It is important to know that an arrest and charge is only an accusation, and that a person is not automatically deemed to be guilty. In some cases the person is innocent, in other cases the state lacks sufficient evidence to convict, and sometimes the person has been charged with a greater offense than the state can prove, which can result in charges being reduced or dismissed completely. What can or will occur on your case can not be predicted with absolute certainty. The practice of law is not a science dependent on absolute rules. Law must be interpreted and applied to a particular set of facts, which may or not be proven. What will happen to your case depends upon several factors and each case is unique.
When reading results from past cases it is important to know that any result Attorney Greg McCollum may achieve on behalf of one client does not necessarily indicate similar results can be obtained for other clients.
Sample Cases Handled by Attorney Greg McCollum
State of South Carolina vs. J.G.S. JURY TRIAL: Verdict-Not Guilty
Charge: Possession with Intent to Distribute Crack Cocaine
A woman was stopped by Myrtle Beach Police Officers who activated their blue lights while following her car as she drove along Ocean Boulevard in Myrtle Beach. She was stopped for driving at night while the head lights and tail lights were turned off. Inside the car she was driving were three passengers, two men she knew and an unknown woman. As the police approached the vehicle, they accused her of throwing something back into the car near the console area between the front seats. All occupants were removed from the car, and the car was searched. Police said they found a bottle containing under seven or eight grams of crack cocaine in a prescription pill bottle, which the officers said was the object she had thrown into the car while standing next to the driverâ€™s side door. The three passengers were released from the roadside detention, and the client was arrested and charged with the offense of Possession with Intent to Distribute Crack Cocaine (PWID CRACK) a felony drug charge which carries a penalty of up to fifteen years in state prison.
After being released on bond the client retained the law office of M. Gregory McCollum to represent her and defend her against the felony criminal drug charge. The client denied her guilt and eventually the case was called for trial in the court of general sessions in state circuit court in Conway. After the jury was selected and seated the state presented its case, followed by our defense. The trial lasted approximately two days before the presiding judge instructed the jury on the law and sent the jury out for deliberations. The jury returned a verdict of Not Guilty and the client was completely exonerated.