Defending Against A Marijuana Charge

[johnst3]

Dear reader,

I have a situation in which I know very little about and humbly ask your advice.

My sister was arrested last night charged with possession of marijuana. She was riding in a car with her friends, who were pulled over. The officer ended up searching their car (i'm not sure if they consented, but I'm guessing they did) and found marijuana in the car.

My sister claimed it was hers most likely to stick up for her friends even though the drugs were definitely not hers. She is currently in a holding cell and is not able to contact the outside world. They gave her a phone call, but she doesn't know any local numbers so she couldn't call anyone. My parents found out about it and are currently in her area trying to find lawyers.

My questions are as follows,

1) If she claimed the drugs were hers but can prove they in fact were not, will she still be charged as if the drugs were hers

2) What kind of setense does possession of marijuana carry? She is 18 years old and has never had an offence before, so this is her first.

3) Will this carry on her record and haunt her, such as when she applies for jobs and such.

I'm really in dismay over this matter and am quite clueless, so any opinions that can be offered would be greatly appriciated.

~Johnst3

[Happy Trails]

Dear John,

We need more facts.

What state did this occur?

How much marijuana was involved?

[johnst3]

Hey, thankyou for the reply

I got some more information.

The charge happened in South Carolina, and she was holding a quarter of Marijuana and coccane (I just found this out this morning). They acted like that was the total amount (they said 5 dollars worth so I know it can't be too much)

Does this help? Is there anything else you need? I can find out more specific if you need it...

[Happy Trails]

Hey, thankyou for the reply

I got some more information.

The charge happened in South Carolina, and she was holding a quarter of Marijuana and coccane (I just found this out this morning). They acted like that was the total amount (they said 5 dollars worth so I know it can't be too much)

Does this help? Is there anything else you need? I can find out more specific if you need it...

That gives me enough information to give you some help.

I would suggest you go to SECTION 44-53-370 and you will find "Prohibited acts A; penalties".


It will tell you what the maximum penalties are. She also may lose her license for a year (or if she doesn't have one would have to wait to apply for it).

My questions are as follows,

1) If she claimed the drugs were hers but can prove they in fact were not, will she still be charged as if the drugs were hers

You said that your parents are finding her an attorney. The lawyer will look at all the facts that led up to her arrest.

2) What kind of setense does possession of marijuana carry? She is 18 years old and has never had an offence before, so this is her first.

Along with the information that I provided in the link, I will tell you that SC does have "Condition release" that is available for first time offenders.

3) Will this carry on her record and haunt her, such as when she applies for jobs and such.

If she successfully completes the conditions that are given to her by the court, her record will not show the charge.

If she doesn't, then it will.

[johnst3]

Thank you for taking the time to answer my questions

I greatly appreciate it and you have helped me understand the nature of my sister's case.

Thank you very much,
Johnst3

[Yrka]

Dear John,

Exactly the same thing happened to me in NYC. What did you end up doing? Can you share your experience please. Was it dissmised?

Thank you