If you find yourself arrested in South Carolina on charges of drug possession with the intent to distribute, you may not understand the implications. The police may have found drugs in your vicinity and put you in cuffs.
There are two prongs to this very serious charge, and knowing what they both mean may help you decide how to proceed. We at Stirling & O’Connell aim to educate you on the significance of this type of charge and what makes it hold up in court. Let us break down what each element means and the ramifications of a conviction.
Possession of drugs
First, the police must find drugs in your possession. This does not necessarily mean you have them in your hands or on your person. The police may arrest you for possession if the drugs are in a vehicle, home or your general vicinity. One way to weaken this charge is to deny your knowledge of the drugs. You cannot possess something you did not know existed. Thus, if you can prove you did not know the drugs were there, a judge may dismiss the case.
Intent to distribute narcotics
The police charge you with the intent to distribute drugs when they have reason to believe you were planning on selling them. Since this may come down to circumstances, the court may consider the other evidence at the scene to decide your intentions. If the amount of drugs in your possession was too significant for personal use, if you had materials for packaging the narcotics or if you have a large amount of cash, these may give weight to the intent to distribute charge.
For some additional insight on this and other drug charges, follow the link here.