Possession of Marijuana in South Carolina

[donnat]

My question involves criminal law for the state of: South Carolina County of YORK

We were pulled over, and they found marijuana in a cig case that was in the back seat of our car. It wasn't personally on anyone.

Violation section no. 44-53-370
Violation-court appearance required (NO is circled)

ok have a few questions about this... First off 1) does this mean that my girlfriend doesn't have to go to court???
The ticket does have a court date and time. But we noticed that NO was circled under court appearance.

2) the amount was less than 7 grams. (they didn't weigh it). How do we find out what the fine would be? Is there a set amount for a fine?

This isn't her first offence. She was convicted over 8 years ago for it, and was on probation for a period of time. All with no problems. And hasn't
been in trouble since then. What can we expect to happen?

Any information would be appreciated. Trying to find out if she has to go to court or can she just pay a fine.. and if so, what is the general cost of a ticket like this ( poss. of marijuana is what the ticket says).

Also, my girlfriend told me that the female officer told her that if she called her and set someone up that they charge would stay just poss of marijuana.. Which doesn't make any since to me at all. Since that's what the charge is to begin with on the ticket. Is this just because they were trying to scare her into turning someone in? and then she still gets the same charge?
Which she isn't doing that no matter what period.

Any info would help. Thanks so much
classapaint@aol.com

[PTPD22]

If you want to do some research, look here.

The way I'm reading section (d)(4), since this is your gf's second offense, she can be looking at up to a year in jail and $1000 fine. Now, I imagine that a max sentence is rare. But, jail time is a possibility.

For a first offense, the max is 30 days and $200. The way the statute is worded, it gives me the impression that the diversion programs are only allowed for a first offense. So, I'm thinking that is what the cop was referring to about having it "stay just a poss of marijuana"...as in it would not be prosecuted as a second or subsequent offense.

As far as whether she has to go to court or not, call the court and find out. I suspect that a court appearance is required and, if she does not show, a warrant will be issued. She should contact a lawyer.

[donnat]

Thank you first off for the response.

So, they will use the fact that she had been convicted before for same offense? They gave her probation 7 or so years ago for same charge.

So do you think they would be harder on her this time? I though that since she had served her probation for her last offense 7 yrs ago that it couldn't be used against her. (ofocurse that's why i'm here asking questions, I don't know. I tried to read up on it but it's very confusing to me.)

Thanks

[PTPD22]

When the law specifies enhanced penalties for a second or subsequent offense, yes, a prior conviction can be used against her. A prior offense cannot be used as evidence of guilt for a current charge. But, it can be used in determining what charge to file and, upon conviction, for sentencing. It is still a prior conviction even if she "only" got probation the first time around.

[tc498]

Try calling the court or maybe go in person before that date and ask some one. The prior offense can be used against her but it does help that she hasn't been in trouble for 7 years, imo it's unlikely that she gets jail. The fact that they only gave her summons and didn't arrest her is a good thing, also don't bother calling the cop back. Normally it should say something on the back of the ticket about mailing in the fine. Since it's a her 2nd offense according the norm website the max fine is 1,000,idk if I would that high. Be papered to pay at least a few hundred bucks. If she can plead not guitly and be offered a public defender that will help.