What to Do If You’re Charged With Drug Possession in South Carolina

Drug crimes are on the rise, with more than 1.5 million police arrests being drug-related each year. In South Carolina, you can be charged with drug possession even if the contraband in question is not in your actual possession. If the drugs are in your home, car, or in your general vicinity (known as constructive possession), the prosecution must prove that you were aware of the presence of the drugs and that you had control over the drugs. If the prosecution cannot prove these elements, your case will either be dismissed or you will be acquitted.

At The Law Office of Mo Abusaft, we understand the gravity of the obstacles against you when being accused of a drug offense. Your punishment will depend on the type of drug, the amount in your possession, and if you have any prior convictions. If you have been charged with drug possession, our criminal defense lawyer in Gaffney, SC, is here to assist you.

First Steps to Take After a South Carolina Drug Possession Charge

There is no denying the terror that comes with being charged with a criminal offense. However, nothing productive will come from attempting to confront the prosecution or trying to flee following a drug possession charge.

The Importance of Gathering Evidence

While the prosecution does have ample resources at its disposal, you must secure your evidence. For instance, if the drugs were in your vehicle but you were unaware of their presence, this could be backed up by witness testimony. Forensic evidence, such as fingerprints on packaging or other paraphernalia that are not yours, could help reduce your liability.

Do Not Consent to a Search

The Fourth Amendment protects U.S. citizens from government interference in places where they have a reasonable expectation of privacy. To search your home or vehicle, the police have to follow proper procedures by obtaining a search warrant signed by a judge or magistrate. A valid search warrant will specify the exact location to be searched and the items being sought. If the police have not obtained a warrant, you are well within your rights to refuse a search.

Seek Representation from a Drug Crimes Defense Lawyer

The criminal justice system is complex, making it essential that you understand your legal rights and viable options. By obtaining representation before your bond hearing, you give yourself the best chance of getting your bond lowered or receiving a personal recognizance (PR) bond. A PR bond allows a defendant to be released without paying money, but in return, they must submit a written promise to return to court when scheduled.

If you are charged in the General Sessions Court, you have a right to a preliminary hearing. This hearing must be requested within 10 days of your arrest and is supposed to be held within 10 days of your request. If the prosecution cannot supply enough evidence to show your guilt, then your case will be dismissed at this time. A preliminary hearing is like a mini-trial, in which the prosecution calls witnesses to the stand and presents evidence. At this juncture, a drug crimes attorney will challenge witness testimony and poke holes in the state’s case. Securing representation at this time can be pivotal to achieving a favorable case outcome.

Do Not Post About Your Case on Social Media

Social media posts are forms of documentary evidence that can be used against you. If the judge or prosecution discovers that you have been posting on social media, this could bode very poorly against you. Even the most seasoned criminal defense attorney cannot undo the damage done. Defendants who have chosen to discuss their case publicly have faced negative repercussions, including the loss of opportunities to have their charges reduced.

Speak with a Gaffney, SC, Drug Crimes Defense Lawyer Today

Being charged with drug possession can come as a shock, making you wary of what lies ahead. At the Law Office of Mo Abusaft, our Gaffney, SC, drug crimes defense knows the stress you are under and the importance of having your name cleared. We make ourselves available to our clients, 24/7, even responding to emergency arrests and bond hearings. To arrange your free consultation, our office can be reached online or by calling (864) 406-8941.