Many South Carolina Drug Charges require the defendant to be in legal possession of the controband. Drug offenses which require possession include:
Simple Possession
Possession with Intent to Distribute
Drug Trafficking
Drug Distribution
Possession means that the defendant had both the power, ability, and the intent to control the controband's disposition or use. This means more than just simply being in the same area where the drugs were contained or even knowledge the drugs existed. There is also a requirement that the defendant have actual knowledge of the existence of the drugs.
When evaluating any drug crime it is important to first investigate whether or not the State can actually prove possession. There are many circumstances where a defendant may be arrested for a serious drug crime where the State cannot even prove that they had knowledge of or the ability to exercise control over the drugs.
The Law Office of James R. Snell, Jr., LLC, represents those charged or placed under investigation for any drug crime. For more information please contact our Lexington Criminal Defense Law Firm at (803) 359-3301.