Drug Crimes Legal Questions

By dropped, I am assuming you mean dismissed by the prosecutor? That might be possible, but no attorney can predict that without reviewing the evidence in your case and discussing the case with the specific district attorney prosecuting it. Possession means inentionally and knowingly excercising care, custody, control or management of the item. Legal possession cannot be reckless or accidental. If you are not guilty of possessing the drugs, don't plead guilty. Then, hire the attorney you trust to fight your case. I would look to the attorneys reviews, and relevant experience to guide you, but also in person consultations can help you decide.  Good luck.... Read More

Not only is it possible, it apparently happened.  You would be well advised to retain a criminal defense attorney.  The penalties can be up to 3 years in prison and/or a fine up to $5000.00. The answer to this question neither constitutes legal advice nor creates a lawyer/client relationship. Dr. Michael G. Sribnick, Esq. criminal defense attorney in Charleston and Columbia, S.C. Michael G. Sribnick, M.D., J.D., LLC  ... Read More

It is important to note that this is an open forum.  Not that it is likely in a case like this but detectives do observe these boards for evidence of cases.  That all being said you have admitted that you were in possession of the paraphernalia which is not good for your case.  You arent charged with the possession of drugs, you are charged with paraphernalia, its an important distinction because that is what you are describing in your facts.  You should consult with a local attorney about potential suppression issues with regards to the search.  If it was a separately secured portion of the house there may be issues.  Additionally, depending on your history there might be diversionary programs available to you depending on your criminal history.  Local counsel might even be able to resolve a case like this at the preliminary hearing.  Its worth your time to sit down with someone who knows the local lay of the land.  ... Read More

The best thing to do is hire the best defense lawyer you can afford. Possession is defined as "care, custody, control, and maintenance," of the drug. There are plenty of arguments that can some times make it difficult for the State to prosecute a drug case. Those kind of arguments are the thing that impels the State to negotiate and, in some instances, dismiss cases. Good lawyers don't go into court with their hat in their hand. They go in there with case law and facts.   Best of luck. Rick... Read More

I am a little unclear but you seem to beleive the tests were wrong. It is normally possible to obtain some of the sample you gave that is left fromt he original testing and have it tested at a lab you choose to see what that lab comes back with. That is where I would start if you think the result is wrong.  ... Read More

If it was one pill, the offense would likely be charged as a State Jail Felony. If that be the case, yes, it is a felony. You need to hire a competent criminal defense attorney. I'm board certified; feel free to contact me. Or, you can shop around based on your location. The answer to whether it will remain on her record depends entirely on how the case is resolved. If it ends up as a conviction, it will always be on her record. That, and she would be a felon. The collateral consequences that adhere to a felony conviction can be pretty severe. So, if at all possible, hire the best attorney for her you can.  Hope this helps.   Rick... Read More

I would have to get more detail from you, but generally the fourth amendment regarding search and seizure allows search of a vehicle without a warrant if the officer has probablc cause of a crime.  Usually the smell of marijuana by an experienced officer coming from a vehicle will allow the officer to search the vehicle. There are exceptions. I guess the real question is whether you were arrested for something or you are inquiring about searches in general or considering a law suit.  You should contact a drug defense criminal attorney and go over your specific situation with him or her. this is jus a general answer.  He or she needs to talk with you about the reasons for the initial stop and  specifics of what happened after you stopped.     ... Read More

Yes, you can use this defense of intimidation, but the fact that you were high is probably not a viable defense.  For best results, you need to retain a criminal defense lawyer to advocate for you.  This answer does not constitute legal advice nor does it create a lawyer/client relationship. Dr. Michael G. Sribnick, Esq. criminal defense attorney in Charleston and Columbia, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read More

The answer is probably.  If you do not have a lawyer it is possible that you could get adjudicated guilty of the offense which would result in a permanent criminal conviction and a driver's license suspension.  If you have no priors there may be other alternatives that can result in no conviction or a dismissal.  I would talk with an attorney in your area to see what your particular situation is.  Most criminal defense attorneys provide a free initial consultation.   I would do it.    ... Read More