McGuire Law

South Carolina Possession with Intent to Distribute Criminal Defense Lawyer

A PWID charge transforms your life overnight—what starts as a traffic stop can escalate into felony allegations carrying decades in prison without requiring prosecutors to prove you sold anything.

Facing PWID Charges? Call Now for Free - Mandatory Minimums Apply

Available 24/7 - The Investigation Against You Has Already Started

Attorney Matt McGuire

A PWID charge in South Carolina transforms your life overnight. What starts as a traffic stop or consensual search can escalate into felony allegations carrying decades in prison—charges that don't require prosecutors to prove you sold anything, only that you possessed drugs in quantities or packaging suggesting distribution. South Carolina law enforcement and prosecutors aggressively pursue these cases across all 46 counties, from Charleston to Spartanburg, Columbia to Myrtle Beach, using drug weight, cash amounts, scales, baggies, and circumstantial evidence to elevate simple possession into trafficking-level offenses.

Matthew McGuire has defended PWID cases in every South Carolina jurisdiction for over three decades, understanding how a few grams can mean the difference between probation and mandatory minimum prison sentences. Call (888) 499-5738 now—McGuire Law operates 24/7/365 because when you're arrested for possession with intent to distribute, the investigation against you begins immediately and your defense must start just as fast.

The Legal Expertise of McGuire Law

PWID cases hinge on constitutional protections, forensic evidence, and prosecutorial burden of proof. Our decades of drug defense experience expose weaknesses that lead to dismissals, reductions, and acquittals.

Fourth Amendment Mastery

Attacking illegal searches and seizures—traffic stops without probable cause, warrantless home entries, and consent obtained through coercion that violates constitutional protections.

Intent Element Challenges

Dismantling prosecutorial claims of distribution intent by demonstrating personal use quantities, absence of distribution paraphernalia, and reasonable alternative explanations.

Confidential Informant Exposure

Unraveling CI operations through Franks hearings, exposing unreliable informants with criminal histories and motivations to fabricate evidence for reduced sentences.

Constructive Possession Defense

Challenging cases where drugs were found in shared spaces, vehicles with multiple occupants, or locations where knowing dominion and control cannot be proven.

Drug Weight Challenges

Contesting lab testing procedures, chain of custody documentation, and weight calculations that determine whether charges remain PWID or escalate to trafficking thresholds.

Book a Call

PWID Charges and South Carolina Legal Definitions

Understanding the specific charges you face and how South Carolina law defines possession with intent to distribute is essential for mounting an effective defense.

Possession with Intent to Distribute

PWID differs from simple possession when prosecutors allege intent to sell, deliver, or transfer based on quantity, packaging, paraphernalia, or circumstantial evidence beyond personal use amounts.

Drug Trafficking Thresholds

Trafficking charges trigger when weight exceeds statutory thresholds—10+ grams methamphetamine, 28+ grams cocaine, 10+ pounds marijuana—carrying mandatory minimum sentences starting at 25 years.

Manufacturing Charges

Charges apply when law enforcement discovers chemicals, equipment, or locations suggesting drug production, including marijuana growing operations or methamphetamine labs.

Distribution Near Schools

Distribution to minors or within designated drug-free zones near schools, parks, or playgrounds adds mandatory sentence enhancements to already serious charges.

Drug Conspiracy

Conspiracy to distribute allows prosecution even without physical possession if you allegedly agreed with others to traffic controlled substances.

Schedule Classifications

South Carolina classifies controlled substances into Schedules I through V, with PWID penalties varying dramatically based on drug classification and your criminal history.

Mandatory Minimums Mean No Parole

South Carolina trafficking sentences carry mandatory minimum prison time without parole eligibility. A few grams can mean decades behind bars. Immediate legal intervention is essential.

McGuire Law's Core Values

When facing charges that carry decades of mandatory prison time, you need an attorney whose commitment matches the severity of the consequences you face.

Aggressive Constitutional Defense

Filing suppression motions challenging every constitutional violation—because if police violated your rights, evidence gets suppressed and cases collapse.

24/7 Immediate Response

PWID arrests don't happen during business hours. Matt McGuire is available around the clock to protect your rights from the moment of arrest through trial.

Statewide Courtroom Presence

Defending PWID cases in every South Carolina county—from Charleston federal court to Spartanburg General Sessions, with relationships that matter.

Trial-Ready Preparation

Preparing every case for trial forces prosecutors to prove their case beyond reasonable doubt—often resulting in dismissals or favorable plea negotiations.

Complete Transparency

Honest assessment of your case, realistic expectations about outcomes, and clear communication throughout every stage of your defense.

Call for Free

Common PWID Arrest Scenarios

Understanding how PWID investigations develop reveals opportunities for defense challenges. Each arrest scenario presents unique constitutional and evidentiary issues.

Traffic Stop Escalations

Officers claim to smell marijuana, see packaging materials, or discover cash alongside drugs during vehicle searches—often without proper probable cause.

Confidential Informant Operations

Buyers work with police to make controlled purchases while wearing recording devices or under surveillance—creating opportunities to challenge CI reliability.

Search Warrant Executions

Warrants based on neighbor complaints, utility usage patterns, or trash pulls—often containing false statements that can be attacked through Franks hearings.

Package Interdiction

UPS, FedEx, or USPS packages opened by drug task forces and delivered through controlled delivery operations—raising Fourth Amendment issues.

Cell Phone Evidence

Text messages with drug terminology, customer lists, payment records, or communications about quantities extracted from phones—often without proper warrants.

K-9 Alerts

Drug dog alerts during traffic stops that South Carolina courts increasingly scrutinize for handler cues and documented false positive rates.

The McGuire Law Difference

Three decades of PWID defense across South Carolina means knowing exactly how to dismantle prosecution cases, challenge evidence, and achieve outcomes that protect your freedom.

Suppression Motion Success

Filing and winning Fourth Amendment challenges that exclude illegally obtained evidence—when drugs get suppressed, cases collapse and charges get dismissed.

Prosecutor Relationships

Decades of working with solicitors statewide creates credibility that opens negotiations for charge reductions, pretrial intervention, and alternatives to mandatory minimums.

Federal Court Experience

When PWID escalates to federal prosecution, Matt McGuire's experience in U.S. District Courts across South Carolina provides defense against even harsher federal sentencing.

Lab and Chain of Custody Challenges

Attacking crime lab testing procedures, weight calculations, and evidence handling that can undermine prosecution cases or reduce trafficking charges.

Bond Hearing Advocacy

Appearing at bond hearings statewide, from Beaufort to Greenville, arguing for reasonable release conditions that allow you to prepare your defense from home.

Call Now

Sentencing Consequences and Collateral Damage

PWID convictions create cascading consequences that extend far beyond prison time. Understanding what's at stake underscores why aggressive defense is essential.

Criminal Penalties

  • Prison sentences ranging from 5 years (cocaine PWID second offense) to 25+ years mandatory minimum for trafficking quantities without parole
  • Enhanced sentencing under repeat offender statutes, doubling minimum sentences for prior drug convictions
  • Federal prosecution possibilities when PWID occurs near schools, involves large quantities, or crosses state lines
  • Probation violations stacking new PWID sentences on top of revocation time

Collateral Consequences

  • Felony convictions creating lifetime barriers to employment, professional licensing, housing, and student loans
  • Immigration consequences triggering automatic deportation—PWID constitutes an aggravated felony under federal law
  • Asset forfeiture allowing seizure of cash, vehicles, homes, and property allegedly connected to distribution
  • Driver's license suspension mandatory for drug convictions, even when arrests occur nowhere near vehicles

Your Rights During Police Encounters

You have an absolute right to remain silent. Never consent to searches. Request an attorney immediately. Do not explain drug possession or make admissions. Everything you say becomes evidence against you.

Frequently Asked Questions

PWID charges raise critical questions about evidence, sentencing, and defense strategies. Here are direct answers to what defendants facing these serious charges need to know.

What's the difference between possession and PWID?

Simple possession means drugs for personal use. PWID charges allege intent to distribute based on quantity, packaging, scales, baggies, large cash amounts, or other circumstantial evidence—even without any actual sale.

Can I get PWID reduced to simple possession?

Often yes. Challenging the "intent" element—showing personal use quantities, absence of distribution paraphernalia, or reasonable alternative explanations—can result in charge reductions.

What are trafficking thresholds in South Carolina?

Trafficking triggers at 10+ grams methamphetamine, 28+ grams cocaine, 10+ pounds marijuana. Exceeding these thresholds means mandatory minimum sentences starting at 25 years without parole.

Can evidence be suppressed in PWID cases?

Absolutely. Fourth Amendment violations—illegal traffic stops, warrantless searches, coerced consent—can result in evidence suppression and case dismissals.

What if drugs were found in a shared space?

Constructive possession requires proving you had knowing dominion and control. Drugs found in vehicles or homes with multiple occupants can be challenged when possession can't be proven.

Is pretrial intervention available for PWID?

For first-time offenders without trafficking quantities, PTI may be negotiable. Successful completion can result in charge dismissal and expungement eligibility.

What if a confidential informant was involved?

CI operations can be challenged through Franks hearings exposing false statements in warrants, informant criminal histories, and motivations to fabricate evidence.

Can PWID become a federal case?

Yes. Distribution near schools, large quantities, interstate transportation, or involvement of federal agencies can trigger federal prosecution with harsher mandatory minimums.

Matt McGuire - Attorney

About South Carolina Attorney Matt McGuire

Matt McGuire South Carolina Attorney

With over 30 years of experience defending South Carolina, McGuire Law provides elite legal representation with national recognition. McGuire Law has grown from a small practice into one of the most trusted law firms in South Carolina. We understand that legal issues can be overwhelming, whether you're facing criminal charges, dealing with injuries from an accident, or navigating family law matters.

McGuire Law is committed to each client's unique situation, and we don't believe in boilerplate solutions. Every case requires careful analysis, strategic planning, and aggressive representation. Our firm combines over 30 years of experience with cutting-edge legal strategies to achieve the best possible outcomes for our clients.

McGuire Law serves all 46 South Carolina counties. We know these counties, their courts, their legal communities, and most importantly, the people who live here. This local knowledge, combined with our legal expertise, gives our clients a significant advantage.

Matt McGuire received his B.A. from the University of North Carolina - Chapel Hill and his J.D. from the University of South Carolina.

Matt has served as a law clerk for a State Circuit Judge, an Assistant Attorney General for the State of South Carolina, and an Assistant Solicitor in the Fifth Circuit Solicitor's Office.

Matt is a proud husband, father of two, and a long-time resident of Richland County, South Carolina.

Book a Call

Get Started Today

When PWID charges threaten decades of your freedom – you need Matt McGuire and McGuire Law with three decades of drug defense experience across every South Carolina jurisdiction.

Don't let a single arrest destroy your life. Our firm has successfully defended PWID cases throughout all 46 South Carolina counties, achieving dismissals, reductions, and acquittals when freedom hangs in the balance.

Columbia Office

2001 Assembly Street, Suite 102-B
Columbia, SC 29201

(888) 499-5738

Contact McGuire Law Today

Matt McGuire has defended PWID charges in every South Carolina county for over 30 years—in state and federal courts from summary court through the South Carolina Supreme Court. When you're facing possession with intent charges anywhere in South Carolina, call (888) 499-5738 immediately for 24/7/365 representation, or use our online chat and calendar booking to schedule your confidential case evaluation.

"When everything seems to be going against you, remember that the airplane takes off against the wind, not with it. — Henry Ford"