Charlotte, NC asked in Criminal Law and Federal Crimes for South Carolina

Q: Can my boyfriend be charged with trafficking if he was never in the house where the drugs were found.

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2 Lawyer Answers

Ryan D Templeton

  • Criminal Law Lawyer
  • Summerville, SC
  • Licensed in South Carolina

A: The short answer is yes but it really depends on the facts of the case and the evidence that law enforcement has to prove trafficking.

The South Carolina Code of Laws Section 44-53-370 (e) provides: "(e) Any person who knowingly sells, manufactures, cultivates, delivers, purchases, or brings into this State, or who provides financial assistance or otherwise aids, abets, attempts, or conspires to sell, manufacture, cultivate, deliver, purchase, or bring into this State, or who is knowingly in actual or constructive possession or who knowingly attempts to become in actual or constructive possession of:"

And then lists out certain drugs and the amounts necessary for trafficking. . Therefore, if Law enforcement is able to prove a conspiracy or aiding in the drug transaction in any way they can charge him with Trafficking.

Stephen Grooms

  • Criminal Law Lawyer
  • Myrtle Beach, SC
  • Licensed in South Carolina

A: Yes, as an element of trafficking is conspiracy. Meaning a person doesn't have to actually be in possession to be found guilty. He will need to talk to a defense attorney as every case is different.

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