Most traffic stops end with a ticket or a warning. But if an officer finds drugs in your car, the situation can turn serious. In South Carolina, the consequences can escalate quickly if you have an illegal substance in your vehicle.
What happens if drugs are found in your car during a traffic stop? Whether it’s a small amount of marijuana or a harder substance, you need to know the steps to follow so that you can protect your rights.
What Are Your Rights During a Traffic Stop?
When an officer pulls you over in South Carolina, they need a valid reason. This can be for speeding, a broken taillight, or running a stop sign.
During the stop, they can ask for your license, registration, and proof of insurance. Keep in mind that anything in plain sight, like drugs, can be legally seized without a warrant.
However, if the drugs are not visible, then the officer needs probable cause to search your car. What does that mean? There must be a reasonable belief that evidence of a crime is present. In this case, that would be drug possession. Anything like the smell of marijuana, visible paraphernalia, or suspicious behavior can give them that justification.
At this time, the officers may ask for your consent to search. You have the right to say no. However, if you agree, anything they find can be used against you.
What Happens When Drugs Are Found
Unfortunately, once drugs are discovered, the situation escalates immediately. If the officer finds illegal substances, you may be taken into custody. Depending on the situation, you could be charged with a misdemeanor or a felony.
Under South Carolina law, possession of small amounts of marijuana is a misdemeanor. If you committed multiple offenses or possess larger quantities, you could face stricter penalties. For example, drugs like meth or heroin are treated as felonies. That means even more severe penalties with a conviction.
Along with that, your car may be impounded while the case is investigated. If you want to get it back, that involves fees and paperwork to prove ownership. You might also have to prove that you were not in possession of illegal substances.
Your Rights and Next Steps
Even though this is a serious situation, a charge is not a conviction. Like any offense, you are legally innocent until a judge or jury finds you guilty. However, you still need to work through the process. During the stop and any interaction with police, you should:
- Remain calm and respectful
- Ask if you are free to leave if no arrest has been made
- Avoid volunteering extra information or explanations
- Clearly state if you do not consent to a search
Along with that, you want to contact a South Carolina drug crimes defense lawyer right away. With their help, they can make sure the stop and search was lawful, assess the strength of the case against you, and work to protect your rights.
Sometimes, the charges can be reduced or dismissed. Plea agreements may also be possible, especially for first-time or low-level offenses. No matter your situation, working with an experienced lawyer will make sure your constitutional rights are upheld.
You Have Options After an Arrest
What happens if drugs are found in your car during a traffic stop? This can escalate a routine traffic stop into a serious criminal matter. From arrest to potential felony charges, the process can move fast and have long-term consequences.
At Truslow & Truslow PA, we can help put the right strategy in place for your case. An arrest does not mean a conviction, and we provide you with a few options. Schedule a consultation today.