Accidental fentanyl possession doesn’t automatically prevent criminal charges because prosecutors may still argue that you knowingly possessed the drug based on the surrounding evidence. While claiming “it wasn’t mine” or “I didn’t know it was there” may ultimately be part of your defense, those statements alone don’t end a criminal investigation.
If you’ve been arrested after fentanyl was found in your vehicle, home, or belongings, our Greenville criminal defense attorneys at Eppes & Plumblee, P.A. can help you better understand the charges you may be facing and the defenses available to your case.
What “Possession” Means in Greenville
Possession doesn’t always mean drugs were found in your pocket. Under South Carolina’s controlled substance laws, S.C. Code Ann. § 44-53-370, prosecutors may pursue charges involving either actual possession, where you physically possess the drug, or constructive possession, where you allegedly exercised dominion or control over it.
For example, fentanyl found in your pocket presents a different legal issue than fentanyl discovered inside a shared vehicle or a bedroom that you regularly use with multiple people. In those situations, prosecutors must establish the drug’s presence and connect it directly to you.
Why “I Didn’t Know The Fentanyl Was There” Isn’t Always Enough
One of the most common defenses in fentanyl possession cases is that the defendant didn’t know the drug was present. While lack of knowledge can be a valid defense, prosecutors often rely on circumstantial evidence to argue otherwise.
For instance, you may borrow a friend’s car without knowing fentanyl is hidden inside. Or, you may share an apartment with roommates, where drugs are later discovered in a common area. Simply being near fentanyl doesn’t automatically prove you knowingly possessed it, but the prosecution will usually examine the surrounding facts before deciding whether to file charges.
You Can Be Charged Even If The Fentanyl Belongs to Someone Else
Unfortunately, you may still be charged with possession even if you claim the fentanyl isn’t yours. That doesn’t mean the prosecution can automatically convict you. For example, if the police see fentanyl inside your car and there are other people inside, it doesn’t necessarily establish who possessed or owned it. Likewise, drugs left inside a backpack you borrowed from a friend or found in a shared residence may raise legitimate questions about who exercised control over them.
In these situations, prosecutors must still prove beyond a reasonable doubt that you knowingly possessed the fentanyl rather than simply being present where it was found.
What to Do If You’re Accused of Fentanyl Possession in Greenville
If investigators believe you knowingly possessed fentanyl, any statements you made during questioning can become important evidence. That’s why speaking with our criminal defense lawyers first is crucial. Don’t try to explain that the fentanyl belonged to someone else or insist you didn’t know it was there. Our attorneys can evaluate whether prosecutors actually have evidence proving knowing possession, review whether law enforcement conducted a lawful search, and determine whether the facts support the charges being pursued.
Accused of Fentanyl Possession? Our Greenville Criminal Defense Attorneys Can Help
At Eppes & Plumblee, we understand how stressful and scary facing fentanyl possession charges can be. Our criminal defense lawyers in Greenville can evaluate whether the state actually has evidence showing you knowingly possessed the drug or whether the circumstances tell a different story. Fill out our online form or call our office at 864-581-3450 for your confidential case review.