Q: Is there a statue of limitations for simple possession in SC?

The cops came to my house on Wed. 11-17 with a search warrant looking to find a large amount of marijuana. They found a roach. My girlfriend said it was hers so they gave her a ticket for simple possession. They then told me I had to go to the police department Mon. 11-21 because they wanted to talk to me and if I didn't go they would come back to my house with an arrest warrant for me for the roach they found. I'm currently in PTI and cannot get arrested or mess up my PTI program. I do not sell marijuana and I do not want to talk to them. What should I do? Can they really come back to the house and arrest me?

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

A: Is there a statue of limitations for simple possession in SC?

No. There are no statutes of limitations on criminal offenses in South Carolina.

Can they really come back to the house and arrest me?

Yes. In South Carolina we have two types of possession, constructive and actual. Anyone who may have dominion and control over an illegal item found has “constructive” possession. Those physically in control or possession of an item on them has “actual” possession.

If the roach was found in your house then both of you may be charged with constructive possession. In the amounts your describing the warrant would be for Simple Possession of Marijuana (SPMJ).

What should I do?

I would recommend that you speak to an attorney and retain one to go with you to speak to the police. The police are likely wanting to question you about what they were looking for, not what they found. You should not speak to them without an attorney present and actively advising you.

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