If drugs are found inside a vehicle or apartment that you share with others, you may be charged with drug possession. This situation can be especially surprising if the drugs are not yours and you never touched them. A conviction for drug possession can result in jail time, significant fines, and long-term collateral consequences.
Our Greenville drug charge defense lawyers at Eppes & Plumblee understand that being in close proximity to an illicit substance can lead to a police investigation. Our legal team is prepared to address these accusations when ownership of the substance is unclear. If you or a loved one is facing drug charges, our team is ready to inform you of your rights.
Difference Between Actual and Constructive Possession
A person may be charged with drug possession for having actual or constructive possession of the substance. Actual possession means that you have physical control of the substance, such as if drugs are found in your pocket, if you are carrying a baggie containing drugs, or if drugs are found anywhere on your person.
In contrast, constructive possession means that you have the power and intent to control the substance. Constructive possession charges often apply when drugs are found in a shared vehicle or communal space in an apartment. To secure a conviction, the prosecution must prove that you had knowledge of the controlled substance and that you could exercise control over it.
Drugs Found in a Shared Vehicle
When drugs are found in a shared vehicle, the driver is often the first person under investigation. This applies even if the driver had no direct contact with the substance.
Factors that will be considered include:
- Vehicle ownership, including any recent changes in ownership
- Whether the driver, owner (if different), or any vehicle occupants had knowledge of the substance
- If the substance was found in a common space in the vehicle (such as under the console or under any of the seats). If the substance was found in a locked compartment (such as a locked glove compartment), then the police will look into who would have access to it
Drugs Found in a Shared Apartment
If contraband is found in a shared car or communal space (i.e., living room, kitchen, or bathroom), the police may charge you with possession if there is evidence that you and others had equal access to the space. In a communal space, law enforcement will evaluate your connection to the substance.
Factors that will be considered include:
- Which individuals had knowledge of the substance (roommates, guests, etc)
- Proximity of your personal items to the contraband
- If any individuals had increased access to the space or used the space more. (Although roommates will likely be the focus of the investigation, guests or visitors will also be under investigation if they had access to the space
Penalties Under South Carolina Law
South Carolina law categorizes drugs based on a schedule from I to V. Schedule I drugs have no accepted medical use and a high potential for abuse, while Schedule V drugs have an accepted medical use and a low potential for abuse. A drug’s classification, the amount involved, and your criminal history will determine the severity of your sentence.
For example, under SC Code § 44-53-370 (d)(3), a first offense for cocaine possession is punishable by three years in prison and/or a $5,000 fine. A second offense is punishable by up to 5 years in prison and/or a $7,000 fine. A third offense is punishable by up to 10 years in prison and/or a fine of up to $12,500. However, possession of more than one gram of cocaine may result in an enhanced charge of possession with intent to distribute (PWID). Even a first-time offender may be sentenced to 15 years in jail. Even harsher penalties are imposed if found in possession of ten grams or more of cocaine (which meets the state threshold for drug trafficking).
Drug Charges Defenses
Simple possession, PWID, and trafficking charges each carry severe penalties, making it essential that you fight any drug accusations against you. A common defense against constructive possession charges is to show that you lacked knowledge or control of the substance. For example, if the drugs were hidden in an area you rarely accessed, such as a roommate’s locked room, or if evidence confirms that your fingerprints were not found on the drugs or packaging, this can support your defense. Demonstrating that you did not have exclusive access or regular use of the area where the substance was found may also help to rebut the accusation.
Speak with Our Greenville Drug Charge Defense Attorneys Today
If drugs are found in your apartment or shared vehicle, do not wait, contact our Greenville drug charge defense lawyers at Eppes & Plumblee, P.A. immediately. We understand the serious consequences you are facing. Our dedicated legal team will aggressively protect your rights and work tirelessly to reduce or eliminate your criminal liability. Act now to give yourself the best possible chance for a favorable outcome. Arrange your free consultation by contacting us online or calling (864) 581-3450 today, your future could depend on it.