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Beating Philadelphia Cocaine Possession and Distribution Charges
|Last Updated on: 6th December 2023, 11:03 pm
Beating Cocaine Charges in Philadelphia: A Guide for Defendants
Getting charged with cocaine possession or distribution in Philadelphia can be scary. The penalties are harsh, and the prosecutors zealous. But with an experienced criminal defense lawyer on your side, there are ways to fight the charges and seek the best possible outcome. This article provides an overview of cocaine laws in Philadelphia, common defenses, and strategic considerations for mounting your best defense.
Cocaine Laws in Philadelphia
Philadelphia takes drug crimes seriously, especially those involving cocaine. Under state law, possession of 2-10 grams of coke is a misdemeanor punishable by up to 1 year in jail. Larger amounts trigger felony charges and lengthier sentences: 10-100 grams gets you up to 10 years, and over 100 grams up to 15 years. Selling any amount of cocaine in Philly is a felony too, with up to 10 years for less than 5 grams and up to 30 years for larger quantities.
If you’re charged with these sorts of cocaine crimes, you need an experienced Philly criminal defense attorney. The prosecutors won’t show mercy, but the right lawyer can get charges reduced or dismissed through plea bargains or by winning motions and trials. Don’t go it alone.
Fighting Cocaine Possession Charges
If you’re accused of having cocaine on you or in your home, car, or other property, possible defenses include:
- Lack of Knowledge: Argue you didn’t know the drugs were there. For example, someone could have left coke in your car without you realizing. Or your shady roommate stashed some in the house while you were away. As long as there’s room for reasonable doubt, this defense might work.
- No Possession: Similarly, you can claim the cocaine wasn’t actually in your possession or control at the time. If it was located across the room rather than on your person, or tucked away where you couldn’t access it, possession may be questionable.
- Illegal Search: If police found the coke through an illegal search, the evidence can be suppressed. For vehicle searches, cops need probable cause like smelling marijuana. Home searches require warrants unless an exception like exigent circumstances applies. If protocol wasn’t followed the search was illegal and the coke gets tossed.
- Faulty Testing: Without confirmatory lab testing, mistakes happen where legal substances are misidentified as cocaine. This especially happens with field testing kits. Challenge the reliability of the testing methods to undermine the entire case.
Many more defenses are possible depending on the specifics of your case. An experienced cocaine crimes attorney will analyze the facts to spot issues and build the strongest defense.
Defending Cocaine Distribution Charges
Fighting cocaine dealing charges in Philadelphia takes skill and strategy. After all, prosecutors must prove you possessed cocaine with intent to deliver or distribute. Possible defenses include:
- No Intent to Deliver: Just having a larger amount of coke doesn’t automatically mean you planned to sell it. Argue it was strictly for personal use, which is still illegal but not as severely punished.
- Entrapment: Undercover cops sometimes cross the line, badgering people into arranging cocaine deals who wouldn’t normally traffic drugs. If police used coercion rather than you acting freely, an entrapment defense might work.
- Misidentification: Eyewitness mistakes happen, so challenge the reliability of any police or informant testimony fingering you as the dealer. Discredit the witnesses to undermine the prosecution’s case.
- Illegal Search: Similar to possession cases, if the search revealing your coke stash was unlawful, suppression of evidence may be possible. Any leads or additional evidence resulting from the bad search gets excluded too under the “fruit of the poisonous tree” doctrine.
Sentencing Considerations for Cocaine Charges
Even if convicted of cocaine possession or dealing, all is not lost. An experienced lawyer can advocate for the lightest possible sentence under the circumstances through strategic negotiations and sentencing advocacy. Arguments to reduce penalties may include:
- Minimal Criminal History: First-time offenders or those with only minor records often get sentencing leniency. Judges recognize people make mistakes, and first brushes with the law shouldn’t necessarily ruin lives.
- Addiction Issues: If drug dependency played a role, treatment is more appropriate than harsh punishment. Judges have discretion to order rehab instead of lengthy incarceration.
- Uncharacteristic Behavior: Similarly, arguing the offense was an aberration that you’re unlikely to repeat helps mitigate sentences. Judges consider likelihood of rehabilitation and recidivism risk.
- Family Impact: Finally, discuss how prison time would burden innocent family members who rely on you, especially minor children. Judges may see alternatives to incarceration as serving justice while supporting dependents.
An experienced Philadelphia cocaine crimes lawyer knows all the ins and outs of getting charges reduced or dismissed pre-trial, or sentences minimized if convicted. Don’t go it alone against zealous prosecutors. With an attorney adept at developing defenses and negotiating favorable outcomes, even serious cocaine charges don’t have to ruin your life.
References:
https://codes.findlaw.com/pa/title-35-p-s-health-and-safety/pa-st-sect-35-780-113.html
https://statelaws.findlaw.com/pennsylvania-law/pennsylvania-cocaine-laws.html