How Lawyers Fight Drug Possession Charges in Philadelphia

How Lawyers Fight Drug Possession Charges in Philadelphia

Getting charged with drug possession can be really scary. But having a good lawyer on your side can make a huge difference. This article will explain how lawyers in Philadelphia fight drug possession charges. I’ll go over the laws, defenses, and strategies that lawyers use. My goal is to help you understand what to expect if you get charged with drug possession in Philly.

The Basics of Drug Possession

In Pennsylvania, drug possession is illegal under the Controlled Substance, Drug, Device and Cosmetic Act. To convict you, prosecutors have to prove a few things:

• You possessed a controlled substance like marijuana, heroin, cocaine, etc.
• You knew you possessed the drug (it wasn’t an accident)
• You intended to possess the drug

The penalties for drug possession depend on a few factors:

• Your criminal record – first offenses are treated less harshly
• The type and amount of drug – “hard” drugs like heroin and large amounts are punished more severely
• Where you’re charged – federal charges are usually worse than state

A first-time simple possession charge might lead to probation. But federal charges or intent to distribute can mean years in prison. The stakes are high, so fighting the charges is important!

How Lawyers Fight the Charges

An experienced drug possession lawyer will thoroughly examine the facts of your case. Their goal is to get the charges reduced or dismissed. Here are some of the most effective strategies:

File a suppression motion

This challenges how the police obtained evidence. If the search violated your rights in any way, the evidence may be thrown out. For example, if the cops searched you without consent or probable cause.

Dispute intent and knowledge

It’s not enough to show you possessed drugs. Prosecutors must prove you knew about the drugs and intended to possess them. Skillful lawyers will look for facts to argue against this.

Negotiate a plea deal

Many drug possession cases end in plea deals. A good lawyer negotiates to get charges dropped or reduced. Diversion programs like ARD may avoid a conviction. The goal is minimizing penalties.

Go to trial

If plea negotiations fail, skilled lawyers take drug cases to trial. This is the best way to fight questionable or weak evidence. Your lawyer’s courtroom skills could lead to an acquittal.

Common Defenses in Drug Possession Cases

Lawyers use many defenses to fight drug possession charges. Some of the main ones include:

Lack of knowledge

You can argue you didn’t know about the drugs. For example, someone left drugs in your car without your knowledge.

No intent to possess

You can claim you had no intention of possessing drugs. Like if cops found drugs in your friend’s backpack at a party.

Illegal search

If police violated your rights by searching you illegally, any evidence found may be suppressed.

Entrapment

You can argue the police induced you to commit a crime you wouldn’t normally commit. Judges and juries don’t look kindly on entrapment.

Misidentification

Eyewitness mistakes happen often. So you could claim you were misidentified and the drugs weren’t actually yours.

Why You Need an Experienced Lawyer

Trying to navigate the criminal justice system alone is extremely difficult. An experienced drug possession lawyer will make a huge difference by:

• Conducting an independent investigation of your case
• Identifying weaknesses in the prosecution’s evidence
• Advising you of your rights and legal options
• Negotiating aggressively with prosecutors
• Filing motions to suppress evidence
• Presenting the strongest defense at trial
• Guiding you through the appeals process if necessary

In short, a knowledgeable lawyer tilts the scales of justice in your favor. Don’t take chances with your future by trying to defend yourself against drug charges.

Finding the Right Drug Possession Lawyer in Philadelphia

Not all lawyers are equal when it comes to drug charges. Here are some tips for finding the best attorney for your case in Philly:

• Look for extensive experience specifically with drug cases
• Find someone familiar with local prosecutors and judges
• Ask about their track record getting drug cases dismissed or reduced
• Be sure they have resources to conduct in-depth investigations
• Make sure they can take your case to trial if needed
• Find someone you feel comfortable and can trust

Don’t just go with the cheapest lawyer or the first person you talk to. This is your future, so it’s worth investing time to pick the right drug possession lawyer.

What Happens After You Hire a Lawyer?

Once you’ve hired a lawyer, here’s what you can generally expect to happen:

1. Your lawyer will review police reports, charges, evidence, etc. and discuss the case with you.
2. They will conduct an independent investigation by interviewing witnesses, visiting the crime scene, hiring experts, etc.
3. Your lawyer will identify defenses and file motions to get evidence suppressed or charges dismissed if possible.
4. They will negotiate aggressively with the prosecutor to get a plea bargain reducing the charges.
5. If a reasonable plea deal can’t be reached, your lawyer will take the case to trial and defend you.
6. They will handle the appeals process if you are convicted after trial.

Having an excellent lawyer in your corner can make navigating this challenging process much smoother. Don’t go it alone!

Why Fighting Drug Charges Is So Important

Here are some key reasons why it’s so important to fight drug possession charges in Philadelphia:

• A conviction can result in huge fines, years in prison, and a permanent criminal record that destroys job opportunities, education options, etc.
• Even a first offense can trigger deportation for non-citizens or probation/parole violations
• Drug convictions cause loss of federal benefits like school loans, public housing, etc.
• Drug charges often stem from questionable police practices – fight to hold them accountable
• Overzealous prosecutors frequently overcharge drug cases – fight for justice
• Diversion programs like ARD allow charges to eventually be dismissed and record expunged

Simply accepting the charges without a fight is the worst approach. The risks are too high. With an excellent lawyer, you stand a great chance of reducing or dismissing the charges.

Conclusion

Getting charged with drug possession in Philadelphia can be scary. But knowledgeable criminal defense lawyers can help. They know how to investigate the facts, challenge evidence, negotiate with prosecutors, and defend you in court. An experienced drug lawyer can make all the difference by getting charges reduced or dismissed. Don’t take chances with your future – fight back against drug possession charges with a skilled attorney by your side.