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

Q: I was drunk entering jail didn't know I had a roach in my pocket which is very small amount of weed only trouble had dui

Was charged with bring in contraband I don't want go to prison what do I do

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2 Lawyer Answers
Stephen Grooms
Stephen Grooms
PREMIUM
Answered
  • Criminal Law Lawyer
  • Myrtle Beach, SC
  • Licensed in South Carolina

A: You should contact a local defense attorney, the chances of you going to prison over a roach are minimal, that being said an attorney may be able to help you keep this off your record.

Jonathan Edmond Bennett Lewis and Ryan D Templeton agree with this answer

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis
Answered
  • Criminal Law Lawyer
  • Columbia, SC
  • Licensed in South Carolina

A: Hello,

I cannot tell from your question, but were you under arrest at the time you were taken into the detention center?

If so, that doesn’t meet South Carolina’s Furnishing or possessing contraband in county, municipal, or multijurisdictional jail statute. It would most likely meet the requirement for SPMJ (simple possession of Marijuana), but for furnishing you must intend to bring illegal contraband into a secure facility with the intent to provide that contraband to another. It being in your pocket when being booked in because of a poor search by an officer is not the case.

We recommend you contact an attorney to help you address this.

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