A drug possession arrest can impact many aspects of your life, including your criminal record, employment, license, immigration status, and future opportunities. A Charleston drug possession lawyer could assist in examining the charge, police report, search details, the alleged substance, and your options before deciding how to proceed in the case.
Drug crime defense starts with the details. A dedicated drug attorney could look at whether police had a lawful basis to stop you, search you, question you, or connect you to the drugs. At Adams & Bischoff, we defend people charged in state and federal courts, and we treat a possession charge as more than a file number. We could look for legal, factual, and forensic issues that may change how the prosecution views the charge.
What Do Prosecutors Need to Prove in a Drug Possession Case?
It is unlawful to knowingly or intentionally possess a controlled substance unless it was obtained through a valid prescription or otherwise authorized by law. That language is important because a skilled drug attorney in Charleston could explore a person’s knowledge, control, legally authorized possession, or the way the substance was found.
The state may claim actual possession when drugs are found on your person. When drugs are found in a car, room, bag, or other location connected to you, it may be claimed as constructive possession. In State v. Stewart, the South Carolina Supreme Court discussed possession instructions and said the state must prove knowledge plus the right and power to control the drugs, along with intent to control their use or disposition.
Penalties for Drug Possession
Drug possession penalties depend on the substance, weight, schedule, and prior record. In Charleston, simple marijuana possession involving one ounce or less, or hashish of ten grams or less, is a misdemeanor punishable by up to 30 days in jail and a fine of $100 to $200 for a first offense. A second or subsequent offense may result in up to one year in jail and a higher fine.
Other controlled substances can carry steeper penalties. Possession of cocaine is a misdemeanor for a first offense, with up to three years in prison or a fine of up to $5,000. A second cocaine possession conviction is a felony. Possession of more than two grains of fentanyl or a fentanyl-related substance is a felony for a first offense. Possession of less than one gram of methamphetamine or cocaine base is a misdemeanor for a first offense, while possession of one gram or more may support a possession with intent theory.
How Adams & Bischoff Reviews Drug Possession Evidence
A drug charge defense should begin before plea discussions. Our Charleston attorneys could review how police found the substance, whether the search was lawful, whether body camera footage matches the report, and whether the alleged drugs were tested. We could also look at whether the amount charged aligns with the statute, since weight can turn a simple possession case into a more serious charge.
Search-and-seizure issues could also change the dynamics of how the case is defended. A traffic stop, a consent search, a warrant search, or a search incident to arrest may raise different legal questions. We could review statements, field tests, lab reports, the chain of custody, and whether other people had access to the place where the substance was found. These facts can affect negotiations, motions, trial preparation, and sentencing arguments.
Talk to a Charleston Drug Charge Attorney Today
Being charged with possession of a controlled substance is stressful, but you do not have to go through the process without guidance. Adams & Bischoff could review the arrest, explain the penalties tied to the alleged substance, and discuss whether the state can prove possession beyond a reasonable doubt.
If you were charged with drug possession, a Charleston drug possession lawyer with Adams & Bischoff could help you protect your rights and prepare a defense based on the facts. Contact us today to schedule a confidential consultation.