What Are The Potential Consequences Of A South Dakota Drug Crime?

More than most people realize. There are judicial consequences for a conviction, like fines and jail time. There are also “collateral consequences,” meaning things that happen to you as a consequence of being convicted. These include losing your eligibility for certain occupations, loss of your gun rights and forfeiture of your property.

The stakes are high in South Dakota drug cases. Other than a couple of ounces of marijuana, possessing any controlled substance in any amount can and usually will be charged as a felony. And felony convictions have lots of judicial and collateral consequences.

The Basic Consequences Of A Felony Drug Conviction In South Dakota

The fines and jail time you might receive depend in large part on the amount and type of drugs you were allegedly caught with. The larger the amount, the more serious the charges – and the more jail time you could see.

Also, the higher on the state’s drug schedule the drug appears, the more serious the consequences. For example, heroin is a Schedule I drug, meaning it carries the highest penalties. Methamphetamine is a Schedule II drug in South Dakota, meaning it carries slightly lower penalties.

In addition to fines and jail time, a drug conviction could also mean:

• Loss of your driving privileges
• Court-ordered community service
• Probation
• A criminal record
• Forfeiture of your property as “drug-connected”

You can fight these consequences, especially by fighting back against a conviction.

If you are convicted (or plead guilty), however, you also face downstream consequences. In many cases, these are unavoidable once you are convicted:

• Loss of eligibility for certain occupations, such as healthcare and commercial driving
• Loss of many professional licenses or the associated insurance/bondability/certifiability
• Loss of your state or federal security clearance
• Inability to get bank loans
• Loss of eligibility for many federal programs
• Loss of your right to own a firearm for life
• Loss of your job
• Loss of your housing
• Threat to your child custody and visitation rights

The best way to avoid these consequences is to avoid being convicted of a drug crime – but we all know it’s not always as easy as just saying “no.”

Are There Any Defenses Available?

Yes. With knowledgeable legal guidance, it may be possible to have your charges reduced or even dismissed. A drug court might be available, where you could focus on any addiction issues that may have led to your arrest. At the very least, a strong defense could reduce the judicial consequences of a conviction.

To protect your rights and minimize the consequences, you need to talk to an attorney as soon as possible after any drug arrest.