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

Is first offense possession...

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

Lawyer's Assistant: What state is this in? And can you tell me a little more about the charge?

My grandson was stoped last nite and was arrested for possession of covaine in his wallet. This is South Carolina.

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

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: 121,842
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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Customer reply replied 5 months 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.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Legal
Satisfied Customers: 121,842
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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