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Fighting Philadelphia Drug Crime Charges with an Experienced Lawyer

March 21, 2024 Uncategorized

 

Fighting Philadelphia Drug Crime Charges with an Experienced Lawyer

Getting arrested for a drug crime in Philadelphia can be an incredibly scary and overwhelming experience. The potential consequences are severe – heavy fines, years in prison, and a permanent criminal record that can follow you for the rest of your life.

Having an experienced criminal defense lawyer on your side is crucial for navigating the complex legal system and building the strongest possible defense. A knowledgeable lawyer understands both the letter of the law and the practical realities of how these types of cases are handled in Philadelphia courts. They know how to thoroughly investigate the facts, identify procedural problems or illegal actions by police, negotiate effectively with prosecutors, and mount an aggressive defense at trial if necessary.

With so much at stake, it’s important to have an attorney who specializes in defending drug charges and is intimately familiar with Pennsylvania drug laws. A dedicated drug crimes lawyer will look at every angle of your case to find ways to get charges reduced or dismissed. Here’s an overview of how an experienced lawyer approaches defending drug crime cases in Philadelphia:

Investigating the Arrest

The first thing a good lawyer will do is scrutinize the circumstances of your arrest and look for any police mistakes or constitutional violations. For example, did the police have valid legal justification for the search or seizure that led to the discovery of drugs? Was the search conducted properly, or did officers exceed the scope of their authority?

Your lawyer will also examine the chain of custody for any drugs or other evidence obtained by police. Any gaps or irregularities in handling evidence could provide grounds to get it excluded. Thorough investigation at this stage lays the groundwork for strong suppression motions later on.

Identifying Viable Legal Defenses

Beyond just the arrest itself, an experienced drug crimes attorney will explore all possible defenses that could defeat the charges or lead to reduced penalties. Here are some of the most common legal defenses used in Philadelphia drug cases:

  • Lack of intent – Prosecutors must prove you knowingly or intentionally possessed illegal drugs. But if, for example, someone left drugs in your car without your knowledge, you may lack the requisite intent.
  • Entrapment – This applies when police improperly induced or coerced you into committing a drug offense you otherwise wouldn’t have. Skillful lawyers can argue entrapment in certain scenarios.
  • Improper police conduct – As mentioned regarding the arrest, any constitutional violations by police could result in evidence being suppressed. Without that evidence, the D.A. may have to drop charges.
  • Misidentification – Eyewitness misidentification is a common contributor to wrongful convictions. If police wrongly identified you as the perpetrator, your lawyer can fight the charges on grounds of mistaken ID.
  • Medical marijuana – If you have a valid medical marijuana card under Pennsylvania’s program, you may have an affirmative defense for possession of permitted quantities.
  • Possession vs. distribution – There is a huge difference between being charged with simple possession and intent to distribute or trafficking. Your lawyer may be able to get more serious distribution charges dismissed or reduced to simple possession.

Negotiating with Prosecutors

An experienced Philadelphia drug crimes lawyer will advocate aggressively on your behalf in negotiations with prosecutors. The goal is to get charges dismissed, reduced, or plead to lesser offenses that avoid harsh mandatory minimums.

This involves presenting mitigating evidence in the best light, appealing to prosecutors’ sense of fairness and justice, and leveraging any legal or procedural weaknesses in the state’s case. Your lawyer may also bring up the high costs of trial and risks of losing as reasons for prosecutors to offer a favorable plea deal.

Mounting an Effective Trial Defense

If a satisfactory plea agreement can’t be reached, the next option is taking the case to trial. An accomplished drug crimes attorney will craft a defense aimed at instilling reasonable doubt in jurors’ minds. This includes thoroughly cross-examining prosecution witnesses about inconsistencies and questioning the validity of evidence.

Your lawyer may also call expert witnesses to challenge the prosecution’s version of events. Police methods, forensic evidence, and the effects of drugs can all be subjects for expert testimony. Your lawyer will also ensure your constitutional right to testify in your own defense if you choose to.

Vigorously contesting guilt and putting the D.A.’s case to the test forces prosecutors to prove every element beyond a reasonable doubt – a difficult standard to meet.

Navigating the Sentencing Process

If you are convicted of a drug crime in Philadelphia, having an attorney well-versed in sentencing is critical. Your lawyer’s advocacy can potentially reduce your penalty under sentencing guidelines. Factors like minimal criminal history, gainful employment, and family commitments may persuade the judge to be more lenient.

For crimes carrying mandatory minimums, your lawyer will seek exceptions and departures from those punishments if at all possible. They will also prepare you and supportive witnesses to present compelling mitigating evidence at sentencing. The goal is to humanize you and convince the judge to take a more understanding view.

Fighting On Appeal if Necessary

Finally, even if your trial results in a conviction, an experienced drug crimes lawyer can keep fighting for you through appeals. Appealing could overturn your conviction by challenging issues like improper admission of evidence, lack of sufficient evidence, or incorrect jury instructions.

Your lawyer will comb through the trial records and identify any reversible errors or defects in due process. Overturning convictions on appeal is difficult, but an experienced appellate lawyer knows how to find the most promising issues. They won’t give up easily in attacking your conviction.

Finding the Right Lawyer for Your Case

As you can see, defending against drug charges requires specialized legal skills, resources, and determination. When choosing a lawyer, look for these important attributes:

  • Extensive experience defending drug cases in Philadelphia courts
  • Knowledge of Pennsylvania and federal drug laws and sentencing guidelines
  • Willingness to fight – won’t easily back down or take the path of least resistance
  • Resources to thoroughly investigate, hire experts, research defenses, and take cases to trial
  • Negotiation skills – ability to argue persuasively and make the best of every situation
  • Compassion and concern – understands the devastating impact charges have on your life
  • Good reputation among judges and prosecutors – earns respect rather than alienates

The consequences of a drug conviction in Philadelphia follow you for life – loss of voting rights, employment, housing, student aid, and more. With so much at stake, hiring a tenacious lawyer with proven experience gives you the best chance at a just outcome. Don’t leave your fate to chance.

Conclusion: Fight Back with Knowledge and Expert Help

Defending against drug charges in Philadelphia requires specialized legal knowledge and skill. Police and prosecutors dedicate extensive resources to investigating and prosecuting drug crimes. Leveling the playing field requires an experienced lawyer equally dedicated to protecting your rights, freedom, and future.

With an accomplished drug crimes attorney guiding you through the complex legal process, identifying defenses, negotiating with prosecutors, and fighting at trial, you gain the best odds of dismissing charges or minimizing penalties. Don’t go it alone against the system without expert help. The results could haunt you forever. Fight back with the power of knowledge and a lawyer dedicated to securing you justice.

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Todd Spodek

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CLAIRE BANKS

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RAJESH BARUA

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CHAD LEWIN

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