Combatting Philadelphia Cocaine Possession Charges

Combatting Philadelphia Cocaine Possession Charges

Getting busted with cocaine in Philadelphia is scary stuff, I feel for anyone facing those kinds of charges. The city and state take a real hardline stance when it comes to illegal drugs – the penalties can be severe even for minor offenses. But having an experienced Philly cocaine defense lawyer on your side makes a huge difference. I want to walk through some of the common defenses we use to fight cocaine possession charges, as well as give an overview of the relevant laws.

First off, what exactly constitutes cocaine “possession” under Pennsylvania statutes? Basically, if you have any amount of coke on you – even residue – you can face possession charges. Prosecutors just need to prove a few key elements:

• You possessed cocaine, even tiny trace amounts
• You knew you had the drug on you (it wasn’t slipped into your pocket accidentally or something)
• You intended to possess the cocaine

Right off the bat, you can see some openings to fight the charges. If the cops didn’t actually find drugs on you, but say there was “residue” in your car, your lawyer can challenge whether that meets the threshold for “possession.” There’s also room to argue you didn’t know about the coke or didn’t intend to possess it.

But most possession cases come down to 4th Amendment challenges over improper searches and seizures. Let’s say the cops pull you over and search your trunk, finding a bag of cocaine. If that search was illegal, any evidence found may get thrown out. That’s why having an experienced cocaine crimes lawyer who knows the ins-and-outs of search and seizure law is so important.

Now in terms of penalties if convicted, Philadelphia takes a hardline approach. Under 35 P.S. § 780-113(a)(16), cocaine possession is a misdemeanor charge, carrying:

• Up to 1 year in jail
• Fines up to $5,000
• Driver’s license suspension
• Drug counseling requirements

And if you have previous drug convictions, the DA will hit you as a “repeat offender” – bumping the charges up to a felony with longer jail times. The stakes are high, so fighting the charges aggressively from day one is key.

An experienced Philly cocaine defense lawyer like Lloyd Long knows all the ins-and-outs of the local courts – the judges, prosecutors, and processes. Having those connections can make a big impact, as Lloyd explains:

“I’ve handled hundreds of cocaine charges over my career. The DA and judges know me well, and know I won’t hesitate to file suppression motions over improper searches or take a case trial if I see police misconduct.”

Lloyd walks through some of the most effective defenses lawyers use to beat cocaine charges:

Illegal Searches

Like we mentioned before, 4th Amendment challenges over improper searches and seizures is the #1 defense strategy. If the police search you without consent or probable cause, any evidence found may get thrown out.

Constructive Possession

If cops found cocaine in your home or car, but it wasn’t on your person, you can challenge whether you actually “possessed” it. This “constructive possession” defense argues the drugs belonged to someone else.

Entrapment

This argues that you were illegally induced or coerced into committing the offense by police. It’s a solid defense if an undercover cop pressured you into buying or selling drugs.

Misidentification

If cops allege drugs were found in your pockets or bag, but can’t definitively prove the items belonged to you, identity becomes an issue. We can argue the drugs were someone else’s property.

The key is having an aggressive lawyer willing to exploit every potential weakness in the prosecution’s case, leaving no stone unturned. Don’t go it alone against the powerful DA’s office without experienced legal firepower in your corner.

Now in some cases, it may be wise to explore a plea bargain or diversion program to avoid harsh penalties. If you have no prior felonies and were caught with a small “user” amount of cocaine, Lloyd may be able to work out a deal for probation or ARD. But you’ll still need an attorney negotiating hard on your behalf to get the best possible outcome.

The bottom line is that cocaine charges are serious business with potentially life-changing consequences. Having a smart, seasoned Philly drug crimes lawyer gives you the best shot at beating the charges and preserving your future. So don’t delay – make that call today to get ahead of these charges. You’ll sleep much better at night knowing your case is in good hands.