What Defenses Can Be Used in a Drug Charge Case?

Drug-related offenses are some of the most common to go through the South Carolina criminal justice system. Whether you have been charged with simple possession, possession with intent to distribute, or drug trafficking, South Carolina law imposes harsh penalties for defendants prosecuted under the law.

Factual or legal defenses may be available to you when attempting to defend against charges. Whereas a factual defense is based on an issue of fact, a legal defense is based on a legal argument that would reduce or erase your culpability. Both types aim to negate or reduce your criminal liability. 

The Greenville, SC criminal defense lawyers at Ryan Beasley Law can identify the defenses available to you against drug charges in The Palmetto State. Contact us today for more information.

Factual Defenses

A factual defense involves an issue of fact. If proven true, it would negate a person’s culpability.

Mistake of Fact

A type of affirmative defense, mistake of fact, asserts that a defendant was operating under the false assumption that the actions they were taking were legal. In a drug offense, if you did not know that you were in possession of a controlled substance (believing it was something else), then you lacked the required intent to break the law. This could negate your liability. Unfortunately, mistakes of fact are often difficult to prove, requiring that you provide evidence demonstrating that you were unaware of your illegality.

Mere Presence

Simply being in the same vicinity in which drugs were found by law enforcement is not enough to charge someone with a drug offense. A common example is if a police officer pulls over a motorist whom the officer has reason to believe is transporting drugs. As a passenger, you could also be charged with drug possession, even though you had no knowledge of the drugs being in the car.

Legal Defenses

In layman’s terms, a legal defense is a type of defense that admits that you committed the crime but that your liability should be negated or reduced. An affirmative defense (a type of legal defense) states that you committed the criminal offense, but some legal technicality excuses your behavior.

Illegal Search and Seizure

Law enforcement must have a warrant, your permission, or proper legal justification to search your place of residence and your car (with certain exceptions). An illegal search and seizure is a Fourth Amendment violation.

A common exception to a warrantless search in a drug case is if the drugs are in plain view. For instance, if an individual has one dozen cannabis plants growing in their window (visible to anyone on the street), then a warrantless search would be permitted by law enforcement. However, if the drugs are not in plain view and no other exigent circumstances apply, then the evidence obtained will likely be inadmissible.

Lack of Probable Cause

A police officer must have probable cause to search your home or vehicle. Again, certain exceptions apply, for example, when a police officer is in “hot pursuit” of a suspect. In most cases, lack of probable cause will also make a warrantless arrest invalid.

Law Enforcement is Not Above the Law

Police officers in the midst of an investigation may attempt to cut corners to retrieve evidence. Like the rest of us, police officers must follow search and arrest procedures to a tee. When you hire our Greenville, SC, criminal defense lawyers, we will do everything in our power to hold law enforcement accountable for violating regulations. At Ryan Beasley Law, protecting your civil liberties is our number one goal.

Reach Out to a Greenville Criminal Defense Lawyer Today

If you or a family member have been accused of a drug crime, Ryan Beasley Law is ready to help. We will conduct a thorough investigation to determine what defenses and motions may work in your favor. With a detail-oriented approach combined with our experience, you can feel at ease knowing that you have hired representation you can count on.

To schedule your consultation with a Greenville, SC criminal defense lawyer, contact us by calling (864) 679-7777 or by completing our online contact form.