A drug charge in South Carolina doesn’t have to define you or your future. You may have a stronger defense than you think, whether you’re facing simple possession or something more serious like distribution. In our experience at Eppes & Plumblee, what seems like an open-and-shut case often falls apart when our defense attorneys start asking the right questions and conducting a thorough investigation.
We have successfully defended countless clients in Greenville, SC, against bad searches, weak evidence, and overstated drug charges. Remember, you don’t have to plead guilty just because you were arrested.
Common and Effective Defenses to Drug Charges
Not every defense works for every case. But here are several defenses used to fight drug charges in SC:
Illegal Search or Stop
Police can’t just search you or your property without a legal reason. Your lawyer can file a motion to suppress the evidence if officers didn’t follow search and seizure rules. Consequently, the case usually can’t move forward if the prosecution can’t use the drugs as evidence.
You Didn’t Actually Possess The Drugs
SC law allows for constructive possession charges, meaning you can be arrested for drugs that weren’t on your body. However, being near drugs isn’t the same as owning them. If you were a passenger in someone else’s car or staying in a shared house, your attorney can challenge whether you had control over the drugs that were found.
Lack of Intent to Distribute
Possession with intent to distribute doesn’t require a sale, just an accusation that you planned to sell the drugs. The prosecution often builds this on circumstantial evidence, such as how the drugs were packaged or if you had cash on hand. However, packaging alone doesn’t prove intent. Your Greenville, SC, drug crime lawyer can work to dismantle these assumptions and force the prosecution to back up every part of its case.
Drug Lab Errors or Delays
The prosecution has to prove that the substance in question is actually an illegal drug before it can convict you. That proof comes from a lab. However, those labs can make mistakes. Whether it’s testing the wrong substance, inconsistent paperwork, or an unverifiable chain of custody, these errors can weaken the state’s evidence or even result in the dismissal of your case.
Entrapment or Police Overreach
In some cases, undercover officers or confidential informants cross legal lines. You may have a valid entrapment defense if you were pressured into a situation you wouldn’t have entered on your own. While these cases are complex, a seasoned Greenville, SC, drug crime attorney will know what to look for in the reports and recordings that may show the police went too far.
The Drugs Belonged to Someone Else
If someone left drugs in your car or home without your knowledge, your lawyer can present that fact to the court. The prosecution must prove you knew the drugs were there and intended to possess them. That’s not always easy, especially when the facts don’t line up.
Let Our Experienced Criminal Defense Lawyers Handle Your Case
No matter how minor or severe the charge seems, our Greenville, SC, drug crime attorneys always approach each case like it could go to trial. That means investigating the stop, reviewing the evidence, interviewing witnesses, and identifying legal flaws in your case. Learn how we can help by contacting Eppes & Plumblee at 864-581-3450 or contact us online to schedule your confidential case review.