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Have my rights been violated? Potential Rights Violations in South Carolina Drug Charge

This legal question related to drug charges attorneys in South Carolina has been answered.


I've been charged with trafficking methamphetamine ( they did NOT find 10 grams ), PWID of suboxone (9 units), PWID within proximity of a park & possession of Marijuana (1.9g). They bruised my arms severely pulling me out of the house,  although I opened the door for them & was not resisting.  My husband was also arrested for the drugs they allegedly found in my home,  but he isn't charged with trafficking ( his paperwork says 8.8g).  Although I asked to be present as they searched my bedroom,  they refused. They also broke my safe with a crow bar without a warrant for the safe. They went into my attic and almost fell through the ceiling leaving a large hole.  My 12 and 10 year old children were present and had guns pointed at them,  as they were standing behind me when I opened the door. The search warrant was not presented to me at the time of the search,  although we asked to see it. I didn't see it until I was bonded out.  It was left lying on my recliner. The page describing what they found was blank.  They tried to get me to "work" while still in the truck on the way to the moss justice center.  I asked for an attorney to be present. There were no female officers & my breasts were touched by a male officer outside in my front yard.  They still have my cell phone,  but I was never provided with the warrant they said they had obtained to use it as evidence. Nor was I provided a copy of the 2nd search warrant they supposedly obtained to reenter my home while I was being held in booking for almost a week - 5 days without being allowed a shower. 

Commonly posted questions...

43 years old pulled over immediately removed from vehicle
11 months 1 week ago, drug charges attorneys, Grand Junction

Legal Solution

The response provided below is specific to drug charges attorneys in the jurisdiction of South Carolina. If the response is inadequate, please submit a detailed inquiry.

Potential Rights Violations in South Carolina Drug Charge

Your experience raises significant concerns about potential violations of your constitutional rights. From the improper use of force to the possible violation of search and seizure laws, there are several aspects that warrant closer inspection by a legal professional.

Relevant Statutes and Resources in South Carolina:

  • South Carolina Code of Laws Title 44 - Health Chapter 53: Concerning controlled substances and their respective penalties.
  • South Carolina Code of Laws Title 17 - Criminal Procedures: Pertaining to the proper procedures law enforcement should adhere to during searches and arrests.
  • Fourth Amendment of the U.S. Constitution: Protects against unreasonable searches and seizures.
  • South Carolina Government Website: Homepage of the South Carolina Government, where you can find resources and information about state laws and regulations.

Potential Solutions:

  1. Retain a Criminal Defense Attorney: A skilled criminal defense lawyer in South Carolina can scrutinize the details of your arrest and the search of your property. They can determine if any of your rights were violated and how it might affect your case.

  2. Document Everything: Make sure to photograph your injuries and any property damage, like the broken safe or the hole in the ceiling. This evidence can be valuable in both your criminal defense and potential civil suits against the police department.

  3. File a Complaint: If you believe your rights were violated, you can file a formal complaint against the officers involved. This action may not directly impact your charges but can provide a record of misconduct.

  4. Civil Rights Lawsuit: If your rights were egregiously violated, you might have grounds for a civil lawsuit against the police department or the city. Consult a personal injury lawyer or a civil rights attorney to explore this option further.

Estimated Attorney Costs in South Carolina:

Service Average Cost
Initial Consultation $100 - $500
Criminal Defense for Drug Charges $1,500 - $5,000
Property Damage Claims $2,000 - $7,500
Civil Rights Violation Lawsuit $5,000 - $25,000 (contingent on win)

Note: These prices are just estimates, and actual costs may vary. Many factors, including the complexity of your case and the experience of the attorney, can influence prices.

Clarifications and Next Steps:

Given the severity and complexity of your situation, it's imperative to get more specific details. We recommend that you compare lawyers in your area to ensure that you have the best possible representation.

Questions for you to answer:

  • Were there any witnesses present during the arrest or search?
  • Do you have any prior convictions or encounters with law enforcement?
  • Have you or your husband previously been charged with drug-related offenses?

What should I do if I believe my rights were violated during an arrest?

In such instances, you should consult a legal professional immediately. Document any injuries or damages, and gather any witnesses. A formal complaint against the police department can also be filed.

How can I determine if the search of my home was legal?

Generally, police need a search warrant to enter and search a home, unless specific exceptions apply. An attorney can help review the circumstances of the search, the details of the warrant, and advise on its legality.

Can officers use excessive force during an arrest?

No, officers are only allowed to use necessary force. Excessive force can lead to legal claims against the officers and their department.

Are police required to present a search warrant at the time of a search?

Yes, typically, officers must present the search warrant at the time of the search or shortly thereafter. If not presented, this can be a point of contention in court.

What should I do if I'm unhappy with my legal representation?

It's crucial to have confidence in your attorney. If you're unsatisfied, find the right lawyer who better suits your needs and discuss your concerns with your current representation.


This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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Legal question "Have my rights been violated? Potential Rights Violations in South Carolina Drug Charge" has been changed 2 months 3 weeks ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of South Carolina & area of law: drug charges attorneys.
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