Possession of Cocaine, South Carolina
If you are charged with possession of cocaine in South Carolina then you probably realize that you need help. A drug conviction can remain on your criminal record where anyone from your employer, landlord, or school can run a background check and learn of the conviction. Often, this type of charge can prohibit you from getting that job, or into an apartment. If you have been charged with possession of cocaine then it’s vital that you seek the help of a Charleston criminal defense attorney.
What is possession of cocaine
When your discussing possession of a controlled substance such as cocaine there are two categories that apply. The first is actual possession and the second is constructive possession.
Actual possession is what it sounds like, you were found to have cocaine on your person such as in your pocket, wallet, purse, or sock etc.
Constructive possession can be a little harder to accept because you don’t need to have actual possession of cocaine. Unfortunately, the legal definition of Constructive possession (dominion and control) does little to help you understand what it means. The two classic examples that may help to explain this are if you are in your car with several other people and the police find cocaine inside (assuming the search was legal) then because it is your car and you were driving then you have dominion and control over the cocaine inside the car. The second example is in your home or apartment and the police find cocaine in a common area such as the kitchen. Even if the cocaine was your roommates because you live with them you are said to have dominion and control over the items in the kitchen so you can be charged with possession.
What are the Penalties for Possession of Cocaine
Possession 1st Offense: This is a misdemeanor and carries a penalty of 0-3 yrs. in prison.
Possession 2nd Offense: This is a felony and carries a penalty of 0-5 yrs. in prison.
Possession 3rd Offense: This is a felony and carries a penalty of 0-10 yrs. in prison.
Charleston Drug Crimes Lawyer
If you have been charged with a possession of cocaine in South Carolina call today at (843) 530-7813 to speak with an experienced Charleston drug crimes lawyer about your arrest, the consultation is free and all discussions are confidential.