Possible Defenses to a Drug Charge

Drug charges, including possession and trafficking, can be pretty serious and severely impact an individual charged. The State, that’s to say the prosecution, can get restless in trying to hand out hardy prison terms and fines to those convicted. One thing you have to remember, for these drug charges and any criminal charge, even when it seems the odds are against you there is still the need for a fair trial and the chance for you to present a defense. The best way to guarantee a fair trial and your side of the story being presented is to hire a criminal defense attorney with experience dealing with drug offenses, like drug trafficking. Every case is unique. Circumstances can vary and it all depends on your specific situation. This article presents some possible defenses a criminal defense attorney can use.

What are some possible defenses to a drug charge?

The US Constitution is the most important document in our country. It guarantees every citizen certain rights and most of our laws are built around these guarantees and rights. One of the most important rights are those guaranteed under the 4th Amendment of the Constitution. The 4th Amendment guarantees that you cannot be searched by law enforcement without a valid and legal reason. Simply put, the 4th Amendment protects you from illegal search and seizure. It’s not outrageous to say that sometimes law enforcement agents and agencies unlawfully obtain evidence. If your attorney determines that your 4th Amendment rights were broken then they can make a strong case to have charges dropped. 

Drug offenses can carry steep punishments and no one wants to be put away in jail for a crime they did not know they were committing. South Carolina law defines breaking trafficking laws when a person “knowingly sells, manufactures, delivers, purchases” an illicit substance above a certain amount. The key word there is knowingly. Ignorance of the law is not a strong defense. If someone is knowingly possessing a controlled substance they probably can’t get their charge dismissed by simply stating “I didn’t know it was illegal.” But, not knowing you were in possession of a substance is a defense you can use. Individuals all over the country are tricked into carrying illicit substances all the time. Without an attorney on your side and defending your best interest the prosecution can sweep your legitimate defense under the rug.

Contact Kent Law Today

If you have been charged with a drug offense like possession or trafficking you need to consult with experienced criminal defense attorneys. Shaun Kent is a former prosecutor and has helped defend hundreds of clients in South Carolina. Contact us today for a consultation.

Call our law office today at (803) 433-5368 to schedule your free consultation.