Nov 27, 2012 | Drug Crimes and Controlled Substances Defense, Felony Drug Possession, Possession with Intent to Distribute a Controlled Substance, Uncategorized
Lancaster,South Carolina deputies report that they apprehended two people who were allegedly running a methamphetamine lab in a stolen car. This occurred when a deputy was patrolling through a property at Stevens Park in Kershaw when he ran the plates of a car that was reported to have been stolen from Berkeley County, South Carolina.
The couple, a man from Charleston, and a woman from Kershaw were discovered; the man was found to also have an outstanding warrant from Charleston, SC. When police investigated the scene, they found evidence of a methamphetamine lab, including plastic tubing, ice rocks, drain cleaner, and glass bottles. There was also meth and marijuana found in the woman’s purse.
If you or someone close to you has been charged in connection with possession of a controlled substance or possession with intent to distribute a controlled substance, call the law offices of Reeves, Aiken, & Hightower, LLP. You can contact our Baxter Village, South Carolina office at 803-548-4444, or contact us toll-free at 877-374-5999 for a consultation.
Nov 27, 2012 | Drug Crimes and Controlled Substances Defense, Felony Drug Possession, Possession with Intent to Distribute a Controlled Substance, Uncategorized
In the state of North Carolina, “it is a crime to knowingly sell or deliver a controlled substance to another person.” G.S. 90-95(a)(1). Moreover, pursuant to G.S. 90-95(b)(2), the delivery of marijuana is a Class 1 Felony, as it falls into the Schedule VI “controlled substance” category. Id. This statute further illustrates that it will not considered “a delivery to transfer for no remuneration less than 5 grams of marijuana, or less than 2.5 grams of synthetic cannabinoid, or any mixture of the two. Id. This portion of the statute is typically referred to as the “pot exception” within various circles.
Now the question remains; what does remuneration mean? Simply put, remuneration is the exchange of money for a service. This statute makes it so that if there is not an exchange of currency, and the amount of marijuana is less than 5 grams, the charge will not be a delivery of marijuana. It would still be regarded as a possession charge, however. This usually would apply when friends are sharing a marijuana cigarette, or “joint” and it is being exchanged from one person to the other. As long as the “joint” is less than 5 grams, they will not be charged with delivery.
The recent North Carolina decision, State v. Land, addresses a couple of issues regarding this offense. This case involved a defendant who gave an officer about 2 grams of marijuana. He was charged with delivery of marijuana. After being convicted, the man appealed, arguing that the indictment was defective due to the fact that it failed to allege an essential element of the offense. He stated that he was charged with delivery of less than 5 grams of marijuana. The problem with the indictment was that remuneration was not alleged. The majority rejected this argument citing State v. Pevia, 56 N.C. App. 384, 387 (1982). This case creates a single offense of delivery of a controlled substance, with no separate offense of delivery of marijuana.
The court concluded that under Pevia, the State can prove delivery of marijuana with evidence either (1) of transfer of 5 or more grams of marijuana, or (2) of a transfer of less than 5 grams for remuneration. Id. It further stated that “since the methods of proof set out in G.S. 90-95(b)(2) are mere evidentiary matters, they need not be included in the indictment.” Id. However, all three judges agreed that the trial court did err by failing to instruct the jury that a transfer of less than 5 grams of marijuana for no remuneration is not delivery. Id. The jury concluded that, because of the small amount of marijuana involved, the State was required to prove that defendant transferred the marijuana for remuneration. Id.
This question will likely be heard by the Supreme Court of North Carolina on the matter of the indictment. If you or someone close to you has been charged with a similar marijuana related charge, call the law offices of Reeves, Aiken & Hightower, LLP. You can schedule a consultation with one of our professionals by calling our Charlotte, North Carolina office at 704-499-9000, or toll-free at 877-374-5999.
Nov 26, 2012 | Drug Crimes and Controlled Substances Defense, Felony Drug Possession, Possession with Intent to Distribute a Controlled Substance, Uncategorized
The Lancaster County, South Carolina Drug Task Force discovered guns, crack cocaine, marijuana and surveillance equipment early Wednesday morning. Two men were arrested and charged with distribution of crack cocaine and possession with intent to distribute crack, the report states.
One of the men was also charged with possession of a firearm by a person convicted of a violent felony. Both of these men have been arrested before on drug charges, according to the Lancaster County Sheriff, Barry Faile.
At the law offices of Reeves, Aiken & Hightower, LLP, we understand that recidivism is a reality. We see it all the time; a person will be charged with the same crime two, three, and even four times. As the criminal charges and arrests build-up, so does the degree of sentencing. We believe that everyone deserves a solid defense; therefore, if someone close to you has been brought into this continuous cycle, call us at 803-548-4444, or toll-free at 877-374-5999.
Nov 19, 2012 | Drug Crimes and Controlled Substances Defense, Felony Drug Possession, Uncategorized
Two Kershaw, South Carolina men led Lancaster Police on a chase and ended up with heroin charges filed against them. Deputies went to Small’s Food Center on North Matson Street in response to a call about a suspicious man ingressing and egressing from the store and hanging around the parking lot. When deputies walked up to the truck, the man who was driving sped away. The report states that deputies immediately knew the man’s drivers license was suspended.
The truck sped into the woods where it hit several trees. One of the men exited the vehicle, and deputies began a foot pursuit. When the deputies yelled for the man to stop, he exclaimed “I can’t,” and just kept running. The man was eventually brought down by the taser the deputies had, and syringes and a small bag of heroin were found. Both men were charged with possession of heroin; one of the men was charged with resisting arrest.
Drugs can have a profound impact on the life of the person using. Along with the actual treatment one should undergo, if found to suffer from drug addiction, it is important for that person to have appropriate legal counsel as well. The law offices of Reeves, Aiken, & Hightower, LLP are here to work for you if you have been charged with a drug violation. You can schedule a consultation with us by calling our Fort Mill, SC office at 803-548-4444, or toll-free at 877-374-5999. We are here to help you through this difficult time in your life.
Nov 7, 2012 | Drug Crimes and Controlled Substances Defense, Felony Drug Possession, Uncategorized
A Rock Hill man was arrested after police received reports of a noisy party. They arrested a man early Saturday for allegedly possessing 57.9 grams of marijuana. According to the police report, the 23-year-old was charged with possession of marijuana with intent to distribute, possession of 2.5 grams of hashish, and illegal possession of prescription pills.
The York County Multijurisdictional Drug Enforcement Unit assisted with the arrest because of the amount of drugs. Police also seized about $1,700 cash from the residence. Minors were drinking in the home. They were charged with underage drinking and a woman was charged with hindering a police investigation when she allegedly lied about minors drinking in the home.
If you or a loved one has been charged with a drug related offense in South Carolina, call the law offices of Reeves Aiken and Hightower. We are equipped to answer your questions about whatever criminal matter you may have. Call our Baxter Village, SC office at 803-548-4444, or toll-free at 877-374-5999.
Nov 7, 2012 | Drug Crimes and Controlled Substances Defense, Felony Drug Possession, Uncategorized
A York County, SC man was charged on Saturday with obstruction of justice, unlawful possession of a blank prescription, resisting arrest, disregarding a stop sign, driving under suspension and possession of Schedule I, II, or III drugs according to a Fort Mill police report. When the officers attempted to stop the man, he fled his vehicle and, as the report states, attempted to swallow a bag of oxycodone pills. The police used a stun-gun on the man, as they were attempting to put handcuffs on him.
The police report states that they found chewed up pills around the man, a wallet with about $200 cash, syringes, two plastic caps with blue residue, a notebook and a plastic ID case. Officers report that they initially stopped him because he ran through a stop sign. They later realized he had a suspended driver’s license. When they stopped the man, he fled from the vehicle and reportedly attempted to swallow a bag of pills. This is the second arrest in the Fort Mill area with regard to oxycodone. A Cleveland, Ohio man was arrested on Interstate 77, near exit 89 and charged with possession of 56 oxycodone pills and six grams of marijuana.
If you or someone close to you has been charged with possession of a controlled substance, call the law offices of Reeves Aiken & Hightower. If you have been arrested in Fort Mill, SC, or the surrounding region call our Baxter Village Office at 803 548 4444. You can also reach us toll-free at 877 374 5999. Speak to one of our attorneys on staff who know your rights.
