Legal Question in Criminal Law in South Carolina
Simple Possession
I live in a dorm on a South Carolina campus. Someone had complained of a smell on our hall. I had a small amount of cannabis in my room, but had not been using it at the time. Officers came to my room they asked to search my area and I consented figuring I would cooperate and take whatever punishment (it's a first offence). I was worked up at the time, and didn't realize it, but I was never read my rights even when they handcuffed me. My question is Would fighting the charge, based only on the fact that my rights had not been read to me, be worth the time and effort?
2 Answers from Attorneys
Re: Simple Possession
The police don't have to read you your rights after arrest if they don't ask you questions concerning the case. This is a common misconception. You should, however, consult with an attorney to protect your rights. A drug conviction (even simple poss. of MJ 1st offense) can have serious consequences such as loss of driver's license, loss of student aid, etc..) You can contact my office for further information.
Re: Simple Possession
Given your age you may qualify for a program that is an alternative to prosecution and can keep you out of court and with no criminal record, such as PTI. [email protected]
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