When you are charged with a drug crime not only is your future freedom at stake, but so are your civil rights. The severity of the crime varies depending on the act and alleged crime committed — for example, marijuana possession may not be as harshly punished as cocaine trafficking. However, where the crime takes place also matters.
Drug distribution near schools
For example, a drug distribution charge will be treated more harshly if the distribution took place near a school. Under South Carolina law, distribution within proximity of school can be either a Class C Misdemeanor or a Class E Felony.
Elements of distribution within proximity of school
The elements of distribution within proximity of school are as follows. First, the accused must have distributed, sold, bought, manufactured or unlawfully possessed with intended to distribute a controlled substance. This could range from anything from marijuana to methamphetamine to prescription drugs.
Second, the accused must have committed the unlawful act within a one-half mile radius of a public or private school, whether it is an elementary school, a middle school or a high school. However, this crime can extend beyond schools. This law applies to public playgrounds and parks, public vocational trade schools or technical schools and to public or private colleges or universities.
No one wants a drug crime conviction on their record
As this shows, it is not just what crime you are charged with that depends on the severity of the situation, but also where the alleged crime was committed. If you are charged with a drug crime near a school, you will want to seek the assistance of an attorney who can pick up the investigation where the police left off. It may be possible to have certain pieces of evidence suppressed, or otherwise minimize the penalties you face.
