Can Drug Charges Be Dropped or Reduced?

South Carolina has some of the strictest, comprehensive drug laws in the entire country. If you are arrested on a drug charge, you could be looking at serious jail time. That said, every person is presumed innocent until proven guilty. Drug charges can absolutely be reduced or even dropped outright by prosecutors. A proactive defense strategy can help. Our Columbia drug crimes defense attorney explains the key things to know about your options for getting these types of charges dropped and/or reduced in South Carolina.

Prosecutors Have Broad Discretion in Drug Cases

Drug charges can absolutely be reduced or dropped. In South Carolina, prosecutors have significant authority to dismiss, reduce, or amend criminal charges. The discretion applies to the full range of drug offenses that can be brought under state law. Prosecutors evaluate the strength of the evidence, the circumstances of the arrest, constitutional issues, criminal history, and whether the alleged conduct fits the statutory elements of the charged offense. If the evidence is weak or the arrest raises concerns about police procedure, prosecutors may reduce a felony to a misdemeanor, convert a PWID charge to simple possession, or drop the case entirely.

Note: Your drug charge should be carefully reviewed by a lawyer. Many drug arrests suffer from factual or evidentiary defects. For example, police may not have actual proof of possession if drugs were found in a shared home or vehicle. Without strong evidence of knowing possession, the prosecutor may be unable to meet the burden of proof.

Constitutional and Procedural Defects Can Undermine the Prosecution’s Case

Prosecutors do not necessarily want to reduce or drop drug charges, but they could be forced to based on the evidence. Drug cases commonly hinge on Fourth Amendment issues. If police conduct an unlawful search, stop, or seizure, the resulting evidence may be suppressed. South Carolina courts will exclude evidence obtained without probable cause, without a valid warrant, or through an improper vehicle stop. Suppression motions often force prosecutors to reconsider their position because the loss of key evidence may make a conviction impossible. Indeed, the loss of evidence could destroy the case. If the court suppresses evidence, the state frequently dismisses the case outright.

Another big issue is chain-of-custody problems. They also create opportunities for charge reductions. Under South Carolina law, the state must establish an unbroken chain of custody for controlled substances. Breaks in documentation, mishandling by officers, and laboratory discrepancies undermine reliability. Prosecutors may reduce the charge when they cannot confirm the substance’s identity, purity, or weight. Weight issues are especially important in PWID or trafficking cases, where statutory thresholds under § 44-53-370(e) create mandatory minimums.

Contact Our Columbia, SC, Drug Crimes Defense for a Confidential Consultation

At the Law Office of Jonathan M. Harvey, our Columbia drug crimes defense attorney is a compassionate, justice-focused advocate for defendants. If you have any questions about getting a drug charge dropped or reduced, we can help. Contact us today for your completely confidential case review. From our Columbia law office, our firm serves communities throughout the region.