South Carolina Drug Crime Attorneys – Possession of Drugs verses Constructive Possession of Drugs
There are two types of drug possession in SC – actual possession and constructive possession:
Actual possession of Drugs
Drug possession is a commonly affiliated drug crime charge. Possession is established when illegal drugs are found on your person: in your pocket, tucked away in your jacket, or even simply holding drugs in your hand. When drugs are found elsewhere (inside a car or home) this is considered constructive possession.
In both instances, if you are not the actual possessor of the drugs, the prosecution must prove that you had some association with the locations that drugs were found (on your person or in a car that belonged to you) and that you were aware that the drugs were present.
Constructive Possession of Drugs
Constructive possession is generally associated with most drug crimes. For instance, if you are charged with possession with intent to distribute, or trafficking, in order for the prosecution to convict you they must be able to prove possession first, beyond a reasonable doubt.
With regards to possession, it is often assumed that if someone else claims the drugs are theirs, other people associated cannot be charged. This notion is not entirely true – if the state cannot prove beyond a reasonable doubt that you were in control and knowledgeable of the drugs in question, you can be found not guilty.
The drug possession and drug trafficking lawyers at the Strom Law Firm, LLC are dedicated to protecting the rights of our clients, providing aggressive representation grounded in our years of experience building and interpreting the laws of South Carolina. Contact us today for a free consultation to discuss the facts of your case.