how to get a possession charge dismissed
In their state of South Carolina drug crimes constitute roughly 65% of most criminal charges. Possession charges, which make up nearly all dozens of charges, really are a misdemeanor offense. Lots of the accused are not drug dealers and actually the majority are not. Drug possession is by definition a small amount of a narcotic for private use, otherwise you would be working with the more severe offense of Possession with Intent to Distribute which is a felony.
What are the types of possession?
You can find two types of how to get a possession charge dismissed.
Actual possession, which means that you were caught with the drugs actually on your person like in your pocket, wallet, purse, handbag, etc. This typically is just a derive from a police search therefore it is best that you retain an attorney to examine your case to determine if the search was lawful. If the search was unlawful then there's a good possibility that the evidence will undoubtedly be dismissed and the charges dropped. Constructive possession. This is a tad bit more confusing and means that you had the power to exercise dominion and control within the drugs. Essentially this applies when the drugs are not actually on your person but may maintain the vehicle that you were driving, or at home where you live. Again this sort of case usually results from a research so consult an attorney to examine your how to get a possession charge dismissed.
South Carolina Criminal Penalties and consequences
The typical narcotic involving possession charges range between:
Marijuana (SC Code 44-53-370(d)(4)(0-30 days);
Cocaine (SC Code 44-53-375(d)(3)(0-1 yr.);
Crack cocaine (SC Code 44-53-375(A)(0-3 yrs.);
Meth (SC Code 44-53-375(A)(0-3 yrs.);
Spice (synthetic marijuana);
Heroin (SC Code 44-53-370(D)(1)(0-2 yrs.);
If you are convicted for some of the above possession cases you then will have a criminal record. That does not mean that you will have permanent record which will follow you for the others of your daily life but the chance of getting it expunged after 3 years will depend on what sort of plea deal you entered into. That is why it is so important to really have a competent Criminal Defense lawyer represent you and to advise you of most your choices when you enter a request or decide to take the case to trial.