South Carolina Drug Possession Attorney
Drug possession charges are very serious in the State of South Carolina, and not only do penalties and fines apply, but there are also significant social consequences that can be difficult to shake. Even possession of less than an ounce of marijuana, which is legal in many other states, can land you behind bars for up to 30 days in South Carolina. If you’re facing a drug possession charge, protecting your rights is paramount, and an experienced South Carolina drug possession attorney can help you with that.
Drug Possession
South Carolina’s drug possession law prohibits anyone from knowingly possessing any controlled substance unless it was obtained with a valid prescription or under the order of a medical practitioner in the course of their medical practice – or as otherwise authorized by law.
If you’re charged with drug possession in South Carolina, the state has the burden of proving the following elements of the crime:
- You acted knowingly, which means with intention. For example, if a friend hides a bag of marijuana in your car unbeknownst to you, you may be in possession of the illegal drug, but you didn’t know that you were.
- You were in possession of a controlled substance. While the list of controlled substances in South Carolina is exhaustive, it falls to the state to prove that the substance in question is indeed controlled.
- You didn’t have a valid prescription for the controlled substance. South Carolina is one of the few states in the nation that doesn’t have a medical marijuana law on the books, which means that, in the case of marijuana, there is no valid prescription.
Know Your Rights
The best way to protect yourself in the face of a drug possession charge is by knowing your rights and invoking them. Keep all the following in mind:
- By remaining calm, you help to ensure that you keep your wits about you, and you greatly improve the chances that the situation won’t escalate.
- You have the right to protection from illegal search and seizure, including in relation to your car. Be sure to discuss the search process with your trusted attorney to ensure your rights were not violated.
- While you do have to answer questions about your name and address, you have the right to remain silent in response to questions about the possession charge, and it’s in your best interest to do so.
- You also have the right to an attorney, and the sooner you consult with a dedicated drug possession attorney, the better protected all your rights will be.
It’s Time to Consult with an Experienced South Carolina Drug Possession Attorney
If you’re facing a drug possession charge, it’s a serious matter, and Craig Brown at The Law Office of D. Craig Brown is a formidable South Carolina drug possession attorney who has the legal insight and experience to help. The outcome of your case will directly affect your future, so please don’t wait to contact us online or call 843-676-0169 for more information today.