Getting charged with drug paraphernalia possession can be scary. If you are convicted, you could face fines, probation, or a criminal record. In turn, that can affect your job, schooling, and future opportunities.
If you’re dealing with this situation, you might not know what to do next. Here is a look at the 4 factors for defending a drug paraphernalia charge in South Carolina. With this information, you can feel more in control.
№1 – How the Evidence Was Found
One of the first things your criminal defense lawyer will look at is how law enforcement found the alleged paraphernalia. In South Carolina, officers must follow strict rules when searching a person, vehicle, or property. If they did not have probable cause, a warrant, or your consent, the evidence they found may not even be allowed in court.
That is known as the exclusionary rule. In many cases, it can be a game-changer for a case. A small procedural mistake by law enforcement, like searching too hastily, can weaken the prosecution’s case. Your lawyer will need to review every detail to see if your rights were respected.
№2 – The Type of Paraphernalia
Not every item counts as illegal paraphernalia. Pipes, rolling papers, syringes, and other objects are not always evidence of a crime. This will depend on how they were being used.
The intent behind the item is important. For example, a syringe used for legitimate medical purposes is not illegal. Your lawyer will have to show that the item was not connected to illegal drug activity.
№3 – The Circumstances of the Charge
The where, when, and how the paraphernalia was discovered can influence your defense.
Was it during a traffic stop?
In your own home?
Out in public?
Was it in plain view, or did the officer search your property without proper cause?
Conflicting witness statements or the timing of a search play a big role. A thorough attorney will try to identify inconsistencies and help you use them to your advantage.
№4 – Your Intent and Knowledge
South Carolina law requires that prosecutors prove you knowingly possessed or used the item for illegal purposes. If you can show that you did not know its purpose or that it had a legitimate use, you may have a strong defense.
For example, medical syringes, items for legal hobbies, or household tools sometimes get mischaracterized as paraphernalia. When you can show a lack of intent or lawful use of the item, that can help to reduce or dismiss a charge.
You Need an Experienced Lawyer for These Cases
Even if the charge seems minor, a paraphernalia conviction can affect your life in real ways. You want to work with someone who knows the law and understands how prosecutors handle these cases. A skilled drug crimes lawyer in South Carolina can:
- Check whether the search and seizure were legal
- Challenge assumptions about the item’s purpose
- Investigate the circumstances surrounding the charge
- Negotiate plea deals or alternative resolutions if possible
When you have a professional on your side early in the case, that can prevent making any mistakes and make sure your rights are fully protected.
Let a Knowledgeable Attorney Handle Your Case
Now that you know the 4 factors for defending a drug paraphernalia charge, you can take action confidently.
At Truslow & Truslow, P.A., we protect our clients’ rights and explore every angle to achieve the best possible resolution.
If you’ve been charged with drug paraphernalia in South Carolina, reach out to us. The sooner you get legal help, the sooner we can evaluate your case, explain your options, and start building a defense that puts you in the strongest position possible. Schedule a consultation today.