Possession is widely understood; however, its precise definition within the legal framework presents challenges. The legal system in South Carolina distinguishes between two distinct categories of drug charges pertaining to possession. You may believe that you can evade the consequences of a drug-related offense because you were not found with controlled substances in your physical presence. However, this is not necessarily the case. Many individuals are unaware they can still be charged based on “constructive possession.” If you are facing drug charges, you should connect with a determined Chesterfield County Drug Crime Lawyer who can effectively represent your interests during this difficult time. Please continue reading to learn when you can be charged with constructive possession in South Carolina.
What is Constructive Possession of a Controlled Substance?
As mentioned above, South Carolina distinguishes between two types of drug charges. A conviction on either offense can result in far-reaching penalties, including heavy fines, jail time, and a permanent criminal record. Actual possession occurs when law enforcement finds the drugs on you, and no one else has equal access to the drugs found. For example, if the drugs are found in your pants pocket.
Constructive possession of drugs, on the other hand, occurs when law enforcement finds the drugs near you. Generally, this means that multiple people have access to the drugs. For instance, if suspected parhelia are found in the car you occupied, you can be charged with constructive possession. It’s important to note that constructive possession is much more difficult to prove than actual possession. To prove constructive possession, the prosecution must demonstrate that you exercised “dominion and control” over the contraband or the “premises” on which the item was found, you knew of the presence of the contraband, and you knew the illicit nature of the controlled substance.
What Should I Do If I’m Facing Drug-Related Charges?
If you are facing constructive possession charges in South Carolina, it’s essential to understand that a conviction can result in severe consequences. As such, it’s in your best interest to enlist the help of an experienced Chesterfield County drug crime lawyer who can vigorously fight to defend your rights. Navigating the legal system alone can be overwhelming. With your future at stake, it’s crucial to retain the legal services of a skilled drug crime lawyer who can help craft the best possible defense strategy given the unique circumstances of your case.
At the Cockrell Law Firm, P.C., we are prepared to help you combat your charges to protect you from an uncertain future. If you need quality legal representation, please don’t hesitate to contact our legal team today to discuss your case.
