Being accused of drug possession when the drugs weren’t yours is a frightening experience. In South Carolina, drug charges carry severe penalties, including jail time and hefty fines. However, you have legal options to fight the charge.
Common Defenses Against Drug Possession Charges
Lack of Possession
To convict you of drug possession, the prosecution must prove you had control over the drugs. There are two types of possession:
- Actual possession – The drugs were found on you (e.g., in your pocket).
- Constructive possession – The drugs were found in a space you had access to, like a car or home.
Unlawful Search and Seizure
If law enforcement found the drugs through an illegal search (without probable cause or a warrant), your attorney can file a motion to suppress the evidence. If the court excludes the evidence, the prosecution may have to drop the case.
Mistaken Identity or Wrongful Accusation
If the drugs belonged to someone else but were found in a shared space (like a car with multiple passengers), your attorney can argue that you were wrongly accused.
Chain of Custody Issues
For a drug conviction, the prosecution must present the actual drugs in court. If law enforcement mishandled or lost evidence, your attorney may challenge the case.
What to Do If You Are Charged With Drug Possession
- Do not admit guilt.
- Contact an attorney immediately.
- Avoid speaking to police without legal representation.
At Austin McDaniel Law Firm, we understand how serious drug charges are, and we are ready to fight for your rights. If you’ve been accused of drug possession in South Carolina, contact us today for a FREE case evaluation.