Cocaine is illegal to possess, sell and traffic in all states. However, the penalties to which an offender will be subject depends on the state that they were in at the time. In South Dakota, the severity of the penalties for cocaine possession, sale or trafficking depends on the amount of cocaine involved.
If you have been accused of a cocaine-related crime in South Dakota, first gain a clear understanding of the penalties that you may face. Then, you should proceed to understand the options you have to defend yourself and possibly have all charges dismissed.
The cocaine laws in South Dakota
Being found in simple possession of cocaine in South Dakota can lead to a penalty of up to two years in prison and a fine of up to $10,000. Even first-time offenders can be subject to these types of severe penalties.
If you are found with more than one gram of cocaine on your possession, you will face charges of possession with intent to sell. This is a much more serious charge than simple possession, and it carries a minimum sentence of two years which could extend to 99 years. Offenders could also face fines of up to $50,000.
How can I defend myself against cocaine charges?
If you are facing charges due to cocaine possession or intent to sell, it is important that you take immediate action to form your defense. A strong defense is crucial to getting justice and having charges reduced or dismissed.
If you believe that your Fourth Amendment rights were broken, you may be able to argue that you were subject to an unlawful search and seizure. If you are successful in this, charges will likely be dismissed.
You may alternatively be able to prove that the drugs belonged to someone else. For example, a person may have planted the drugs in your bag without your knowing, which would mean that you were a victim of a set-up.
There are many possible defenses that you can use when defending yourself against a cocaine-related accusation in South Dakota. Make sure that you consider all options and take swift action to get the outcome that you deserve.