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Avoiding Marijuana Possession Convictions in Philadelphia

March 21, 2024 Uncategorized

Avoiding Marijuana Possession Convictions in Philadelphia

Getting charged with marijuana possession can be scary. Even if it’s a small amount for personal use, a conviction can really mess up your life. But having a good lawyer on your side can help you avoid being convicted. This article will explain the consequences of a conviction, defenses that can work, and how an experienced criminal defense attorney can help you.

Why a Conviction Matters

A lot of people think marijuana possession, especially for a small amount, isn’t a big deal. They figure it’s just a slap on the wrist. But that’s not true in Pennsylvania. A conviction for even a tiny bit of weed will give you a permanent criminal record.

Here’s some of the ways a conviction can damage your future:

  • Fines and court costs – This can be hundreds or even thousands of dollars
  • Jail time – Even a small amount can mean jail time in PA
  • Job problems – Many employers won’t hire someone with a drug conviction
  • College/financial aid issues – You might not qualify for student loans or other aid if convicted
  • Housing issues – Landlords often deny housing to people with drug convictions

So you really want to avoid being convicted if at all possible. Don’t just plead guilty and take your chances – fight the charges with an experienced lawyer!

Challenging the Stop and Search

One good defense is to challenge the legality of how the police found the marijuana in the first place. If the cops stopped you illegally, or did an illegal search, any evidence they found may be thrown out.

For example, if the cops pulled over your car but didn’t have a good reason, the traffic stop was illegal. Or if they searched your bag without permission or probable cause, that was an illegal search too. A good lawyer can argue this and often get the marijuana evidence suppressed.

Fighting Constructive Possession Charges

Sometimes you’re charged just because marijuana was found near you, even if it wasn’t actually yours. This is called “constructive possession.” It’s hard to prove, though.

To get a conviction, the prosecutor has to show you had knowledge of the marijuana plus intent to control it. Just being in the same house or car isn’t enough. A lawyer can argue there’s reasonable doubt and you didn’t actually “possess” it.

Medical Marijuana Defenses

If you have a valid medical marijuana card, that’s a complete defense in Pennsylvania. The state does have a real medical marijuana program. As long as you followed the rules, the charges should be dropped if you show your patient ID card.

First Offenders Programs

Many people charged with marijuana possession have no criminal record. If this is your first offense, you may qualify for a special program to avoid conviction.

These “first offender” programs will dismiss the charges after a probation period if you stay out of trouble. A lawyer can help negotiate this resolution with the prosecutor.

Sealing Past Convictions

If you have an old minor marijuana conviction, you may be able to get it sealed now. Pennsylvania has a “Clean Slate” law that lets you petition the court to seal old misdemeanor convictions after 10 years. This can help remove barriers to jobs, education, housing, etc.

Finding the Right Lawyer

As you can see, there are good defenses against marijuana charges, but you need an experienced criminal lawyer to raise them. Don’t go it alone against the cops and prosecutors!

Look for a marijuana defense lawyer with specific experience getting these kinds of charges dropped or reduced. Check their track record helping clients avoid convictions. Make sure they know all the latest marijuana laws and defenses.

A good lawyer will carefully examine the details of your case and figure out the best defense strategy. They’ll challenge illegal searches and seizures, dispute constructive possession, pursue first offender programs, and more. This gives you the best chance to avoid a damaging conviction.

Conclusion

Even a minor marijuana charge can negatively impact your life if you end up with a conviction on your record. But an experienced marijuana defense lawyer can help you avoid being convicted in the first place.

Carefully choosing the right attorney to fight your charges and raise strong defenses gives you the best shot at beating the case. Don’t just plead guilty – make the prosecutor prove their case against you and exploit any reasonable doubt. With an aggressive legal defense, you can hopefully avoid a harmful marijuana possession conviction.

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Todd Spodek

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RALPH P. FRANCHO, JR

Associate

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JEREMY FEIGENBAUM

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

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