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Is first offense possession of .2 of cocaine a felony in SC.

Is first offense possession of...
Is first offense possession of .2 of cocaine a felony in SC
JA: What state is this in? And can you tell me a little more about the charge?
Customer: My grandson was stoped last nite and was arrested for possession of covaine in his wallet. This is South Carolina.
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: No. It was his first offense
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Answered in 40 minutes by:
9/23/2017
Law Educator, Esq.
Category: Legal
Satisfied Customers: 119,555
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Customer reply replied 1 month ago
It is for my person info. I just want to know what to expect

While Possession of 1 gram or less is classified as a misdemeanor for a first offense, because it would be punishable by up to 3 years in prison in SC under their dangerous drug laws, it is considered a felony by federal law. This means that while SC calls it a misdemeanor, because the federal law says any offense that is punishable by more than 12 months in jail is a felony, he would be disqualified from possessing a firearm as a convicted felon under federal guidelines.

First offense possession of a minor amount is usually given probation if he has no other record and the prosecutor could agree to pretrial diversion, meaning he would pay a fine, go to substance abuse classes and be on probation and if he successfully completes everything they would dismiss the charges. He would need a local attorney to represent him and negotiate such a deal for him.

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Law Educator, Esq.
Category: Legal
Satisfied Customers: 119,555
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
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