Legal Question in Criminal Law in South Carolina

My daughter an two other girls skipped school.My daughter an one of the other girls smoked weed. They went back to school and the other two girls were caught in parking lot. My daughter was in car an not seen. the blunt(weed) was in the friends car. My daughter got out of her friends car and got in her car. The adminstrators and police officer came out an searched the friends car and found the blunt. Then they got my daughter out of her car. The driver which was 17 years old of the car that the blunt was in was gave a ticket for simple possession of marijuana. She would have to appear in court. My daughter was expelled for smoking marijuana and was turned over to Department of Juvenile Justice. The other girl was not charged for anything because she didnt smoke it but was in the car. The 17 year old went to court and was going to loose her liscense but entered a PTI program and it has been removed from her record. My daughter who is about to go to DJJ court is being charged for simple possession. Can she be charged for simple possession even though it wasnt found on her or in her car? Can they charge everybody in the car for simple possesion? My daughter did admit to smoking the weed.


Asked on 5/05/10, 9:39 am

1 Answer from Attorneys
Robert Johnston Law Offices of Robert J. Johnston

You asked a couple of really good questions. I will provide you with some information, but please understand that there is a lot to these things and my answer will not be as good as a live conversation with an attorney.

My answer is in general and does not specifically apply to your daughter. I would need to ask you a few questions and gather a little more information from you before I could specifically address your daughter's situation.

As to your questions, yes, they can charge someone for Simple Possession even if it was not found on the person or in the person's car. Each case is different and must be evalated on its own set of facts and circumstances. Basically, there are two forms of Possession. One is called Actual Possession and the other is called Constructive Possession. Actual is where they find it on you. Constructive is where they do not find it on you, but they allege that you had some knowledge and control of it. As I said, there is much more to it.

If you would like to call me I am happy explaining how this applies to your daughter's situation.

Robert Johnston, Attorney

Myrtle Beach

843-946-0099

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Answered on 5/10/10, 12:32 pm


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