Drug Possession Attorney in Lexington, SC
Former State Prosecutor Now Defending Possession Charges in Lexington County
When you’re facing a drug possession charge in Lexington, SC, the attorney you hire matters. The Law Offices of Marion M. Moses, LLC defends people charged with drug possession throughout Lexington County, bringing something most defense attorneys can’t offer: attorney Marion M. Moses spent years prosecuting drug cases as a South Carolina state prosecutor before building a criminal defense practice. That background shapes how we read the state’s evidence, where we look for weaknesses, and what realistic outcomes can look like in Lexington County courts. Moses has practiced law in South Carolina since 2001, has been recognized by Super Lawyers, and served as president of the South Carolina Association of Criminal Defense Lawyers (SCACDL).
A possession charge can be filed as a misdemeanor or a felony depending on the substance, the quantity, and your prior record. For many people, it’s their first encounter with the criminal justice system. The stakes are real: jail time, a permanent record, and consequences that reach into employment, housing, and beyond. We offer free initial consultations so you can understand your situation before making any decisions.
If you or someone you know has been charged with drug possession in Lexington, SC, call us today at (803) 770-4483 to schedule a free consultation and talk through your options.
Drug Possession Charges We Handle in Lexington County
We represent clients facing both misdemeanor and felony drug possession charges in South Carolina courts serving Lexington residents, including the Lexington County Court of General Sessions at the Marc H. Westbrook Judicial Center. Cases range from simple possession of marijuana, cocaine, methamphetamine, heroin, and prescription medications to possession with intent to distribute (PWID) charges, which arise when quantity or packaging leads law enforcement to allege more than personal use.
South Carolina classifies controlled substances into five schedules under SC Code Title 44, Chapter 53, and the schedule of the drug is one factor that determines how serious the charge is. State law also distinguishes between actual possession (drugs found on your person) and constructive possession (drugs found in a car, home, or other area you controlled). That distinction matters in how the prosecution must prove its case.
Charges we handle include:
- Marijuana possession: South Carolina doesn’t permit recreational or medical marijuana; possession of any amount remains a criminal offense under state law
- Cocaine and methamphetamine: Possession of one gram or more of cocaine can be treated as prima facie evidence of PWID, meaning quantity alone can elevate the charge. The same threshold applies to cocaine base (crack cocaine) and methamphetamine under SC Code 44-53-375.
- Heroin, fentanyl, and Schedule I or II narcotics
- Prescription drug possession: Including situations where medication isn’t kept in the original container
- PWID charges stemming from quantity or packaging
Our clients’ charges arise from traffic stops, vehicle and home searches, parking lot encounters, and school-related incidents. Whatever the circumstances of your arrest, we examine them closely.
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Marion is extremely knowledgeable about the law. Super easy to work with and very professional.- Lance H.
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"Could not have been more pleased with the results!!!"
Mr. Moses and his staff went above and beyond for my case!! He was very honest and upfront from the very beginning. I would recommend him anytime! Could not have been more pleased with the results!!!- Pat G. -
Very friendly & professional, he definitely gets the job done. I definitely recommend & will be using him again for future cases!!- Shayy G.
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He fought diligently on my behalf and was always prepared, knowledgeable, and confident. He did extensive research on my case, which was so evident when we were in court. Not only was I impressed with his knowledge of the law, but also his rigorous/exhaust- Emily P.
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Marion also gave us a very studied opinion using his network of legal contacts on a separate case to keep us from wasting money on what would have turned out to be a losing effort.- Shelley K.
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Marion is an incredible attorney and I would recommend him to anyone.- Susan H.
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I highly recommend Marion to everyone. Everything from the initial consult through the dismissal was excellent. Marion and his staff were great with communication, follow-up, and every aspect of the case.- Ted B.
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Everything involving my situation was broken down to me in complete detail and not once was I left in the dark or did not know what was going on. Even though I don’t look forward to needing a lawyer again, if I do then I know exactly who to call.- Mitch T.
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Marian and Elizabeth were highly motivated, caring, and concerned that the legal needs of my loved ones were handled in a concise, lawful and just manner!- Trenay D.
How We Defend Drug Possession Cases in Lexington, SC
Our defense approach starts with the same question a prosecutor would ask: how strong is this evidence? Because Moses built cases as a state prosecutor before defending them, he knows where South Carolina’s possession charges hold up and where they don’t. That perspective drives every phase of a client’s defense.
Challenging the Stop or Search
The Fourth Amendment requires law enforcement to have a lawful basis before stopping a vehicle or searching a person or property. We examine whether officers had legal grounds to make contact, whether a traffic stop was pretextual, and whether any consent to search was properly obtained. If the stop or search was unlawful, the evidence gathered may be subject to suppression.
Reviewing the Evidence
We review all available audio and video recordings, lab analysis reports, and chain of custody documentation. Drug samples must be analyzed in a certified laboratory for the state to prove what substance was involved. Gaps in chain of custody or procedural errors in testing can raise genuine doubt about the reliability of the state’s evidence.
Pursuing Alternative Resolutions
Not every drug possession case in Lexington County needs to go to trial. For clients with limited or no prior record, we discuss options that may result in charges being dismissed without a conviction:
- Pretrial Intervention (PTI): Under SC Code 17-22-10, a solicitor can place a first-time offender in a supervised program; successful completion may result in dismissal of charges
- Conditional Discharge: Under SC Code 44-53-450, a judge may defer proceedings for eligible first-time offenders; charges may be dismissed upon completion of court-ordered conditions, with no adjudication of guilt
- Lexington County Drug Court: A 12- to 18-month treatment-focused alternative for certain offenders dealing with substance abuse
In General Sessions cases, there is a 10-day window after arrest to request a preliminary hearing, and retaining counsel promptly preserves that opportunity. We also advise clients before they speak with law enforcement and appear at bond hearings, presenting community ties, employment, and personal history to the court.
Conviction Consequences That Outlast the Sentence
A drug possession conviction in South Carolina can affect job opportunities, professional licensing, academic program admission, housing applications, and in some cases immigration status. Prior drug convictions from any substance count toward the offense tier for a later charge, so a prior marijuana conviction can make a subsequent methamphetamine charge a second offense with significantly stiffer penalties. A felony conviction may also affect firearm rights.
We handle every case with the client’s long-term situation in mind from the start. If protecting a professional license or keeping a background check clean is a priority, that factors into how we approach your defense. Non-conviction outcomes like pretrial intervention or conditional discharge may also be eligible for expungement.
Talk to a Drug Possession Lawyer in Lexington Before You Do Anything Else
A drug possession charge in Lexington County moves quickly. Early decisions, including whether to speak with law enforcement and how to handle your bond hearing, can shape the rest of your case. The sooner you have counsel, the more options may remain on the table.
The Law Offices of Marion M. Moses, LLC offers free initial consultations for people facing drug possession charges in Lexington, SC and the surrounding area. Call us at (803) 770-4483 to speak with our team about your situation.
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