Can I Be Charged For Drugs That Weren’t Mine?

Are you facing a drug possession charge in South Carolina? Were the drugs in question not even yours? You have the right to defend yourself from the charge. It is imperative that you take immediate action. Police and prosecutors are not looking out for your best interests. A Columbia drug crimes defense attorney can help build your defense if you are facing a charge for drugs that are not actually yours in South Carolina.

Know the Law: Drug Possession in South Carolina (Knowledge and Control)

South Carolina recognizes both actual possession and constructive possession. Actual possession means the drugs were found on your person. It is extremely tough to argue that they know your drugs if you actually have them on you directly, such as in your pocket. On the other hand, constructive possession applies when drugs are found in a place over which the defendant allegedly exercised control. An example would be inside the glove compartment of a vehicle. To secure a conviction based on constructive possession, prosecutors must prove two elements beyond a reasonable doubt.

● Knowledge: First, the defendant knew the drugs were present. You are not guilty of the offense if you did not actually know there were any drugs.

● Control: Second, the defendant exercised dominion or control over the drugs or the location where they were found. Mere presence is not enough.

Note: Constructive possession cases often turn on circumstantial evidence. Prosecutors may point to statements made during the stop, alleged nervous behavior, personal items near the drugs, or shared access to the area.

Steps to Take if You Were Charged With Drugs That Were Not Yours

Are you being charged for constructive drug possession in South Carolina for drugs that are not even yours? You have the right to raise a zealous defense. The sooner you speak to a Columbia, SC drug crimes defense lawyer, the better. Here are key steps to take:

● **Exercise Your Right to Remain Silent: **The Fifth Amendment protects your right to remain silent. You should exercise it. Statements often become the strongest evidence of alleged knowledge. Silence prevents misinterpretation.

● Document the Scene and Occupants: To the best of your ability, you should try to identify who owned the vehicle or residence, who had access, and where the drugs were located. The details can help you build your defense.

● Challenge the Search and Seizure: In South Carolina, many construction drug possession cases are centered on traffic stops or searches. An unlawful search can lead to suppression of all evidence. Your lawyer can help.

Call Our Columbia, SC Drug Crimes Defense Lawyer Today

At the Law Office of Jonathan M. Harvey, our Columbia drug crimes defense attorney is committed to fighting aggressively to protect the rights of clients. If the drugs were not yours, we are here to help. Contact us right away to set up your completely confidential, no obligation initial appointment.