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How to Build a Strong Defense After Drug Charges Blog

November 27, 2024

Facing drug charges is a serious matter that can have long-lasting consequences on your life. In Pennsylvania, drug-related offenses are heavily prosecuted, and a conviction can lead to severe penalties, including jail time, heavy fines, and a permanent criminal record.

If you've been charged with a drug crime, it's crucial to understand the legal process and work on building a strong defense with the help of an experienced criminal defense attorney.

Understanding Drug Charges

Drug charges can range in severity, depending on the type of drug, the amount involved, and whether there are aggravating factors such as intent to distribute or possession in a vehicle. Common drug charges in Pennsylvania include:

  • Possession: Simply having an illegal substance, like marijuana, cocaine, or prescription drugs without a prescription, can result in criminal charges.
  • Possession with Intent to Distribute: If you’re found with a large quantity of drugs, the prosecution may argue that you intended to sell or distribute the drugs, which leads to harsher penalties.
  • Drug Trafficking: Being involved in the transportation or sale of drugs, often across state lines, is a serious charge that can carry severe consequences.
  • Drug DUI: Driving under the influence of drugs can result in both drug and DUI charges, which could complicate your legal situation further.

Steps to Building a Strong Drug Crime Defense

Every drug case is different, and building a strong defense requires a tailored approach based on the specifics of your charges. Below are steps that can help strengthen your defense and protect your rights.

Understand Your Charges and Legal Rights

The first step in building a defense is understanding the specific charges against you and your legal rights. Knowing whether you’ve been charged with simple possession, intent to distribute, or trafficking will guide your defense strategy. Speak with a drug crime defense attorney as soon as possible to fully understand your legal situation.

Under the U.S. Constitution, you are protected against unlawful searches and seizures, and you have the right to remain silent when questioned by the police. An attorney will help ensure that your rights are protected throughout the legal process.

Challenge the Legality of the Search and Seizure

In many drug cases, the evidence against you is obtained during a search of your home, vehicle, or person. However, if the police did not have a valid search warrant or lacked probable cause, your drug crime defense attorney can argue that the search was illegal. Evidence that is obtained through an unlawful search cannot be used against you in court, which may result in the dismissal of the charges.

In vehicle drug offense cases, for example, challenging the legality of a search is often a key defense tactic. Law enforcement must have a specific reason or probable cause to search your car.

Dispute the Possession of Drugs

In some cases, you may be able to dispute that the drugs found were actually in your possession. For instance, if the drugs were found in a shared space, such as a vehicle with multiple passengers, it can be argued that the drugs did not belong to you. Establishing doubt over who actually possessed the drugs can weaken the prosecution’s case and lead to a favorable outcome.

Question the Validity of Lab Testing

Lab testing is often used as evidence to prove that the substance in question is an illegal drug. However, lab errors and contamination can occur. A drug crime defense attorney can challenge the accuracy and validity of the lab tests, ensuring that any potential mistakes or irregularities in the testing process are brought to light.

Argue Entrapment

Entrapment occurs when law enforcement officers induce or coerce someone into committing a crime that they would not have otherwise committed. If you were pressured into participating in a drug-related offense by police or undercover officers, your attorney may argue that you were a victim of entrapment. This defense can be difficult to prove but may be applicable in certain cases.

Establish a Lack of Intent

In more severe charges, such as possession with intent to distribute, the prosecution must prove that you intended to sell or distribute the drugs. Your attorney can argue that the drugs were for personal use, which may result in reduced charges or a more lenient sentence.

For example, large quantities of drugs, packaging materials, or large sums of cash are often used as evidence of intent to distribute. A drug crime defense attorney will work to undermine this evidence by presenting alternative explanations.

Negotiate a Plea Deal or Diversion Program

In some cases, the best course of action may be negotiating a plea deal with the prosecution. A drug crime defense attorney can work with the prosecutor to reduce your charges or sentence in exchange for a guilty plea to a lesser offense. This can be particularly beneficial if the evidence against you is strong or if a conviction could lead to severe penalties.

Additionally, Pennsylvania offers diversion programs for certain first-time offenders. These programs allow you to avoid a criminal conviction by completing treatment or rehabilitation. Your attorney can help you explore these alternatives if you are eligible.

Why You Need a Philadelphia Drug Crime Defense Attorney

The legal system can be intimidating, especially if you are facing drug charges in Pennsylvania. Having a Pennsylvania drug crime defense attorney on your side ensures that your rights are protected, and your defense is built on a solid foundation. Here’s why working with a lawyer is essential:

Knowledge of Drug Laws

An experienced attorney understands the intricacies of Pennsylvania’s drug laws and how to navigate them effectively. They know how to analyze evidence, challenge the prosecution’s case, and develop defense strategies that work.

Protect Your Future

A drug conviction can have lasting effects on your future, including difficulties finding employment, housing, or education opportunities. A Philadelphia drug crime defense attorney will fight to minimize these consequences by working to reduce charges or secure a dismissal.

Reduce Penalties

Even if you cannot avoid a conviction, a skilled attorney can work to reduce the severity of your penalties. This might include arguing for probation instead of jail time, or securing your participation in a diversion program rather than facing a criminal conviction.

If you’ve been charged with a drug offense in Philadelphia, taking immediate action to build a strong defense is critical. The legal system is complex, and the consequences of a conviction can be severe. By working with an experienced drug crime defense attorney, you can protect your rights, challenge the prosecution’s case, and increase your chances of a favorable outcome.

Contact van der Veen, Hartshorn, Levin & Lindheim today for a free consultation. You can call us directly at 215-486-0123 or fill out our online contact form to schedule a consultation. We’re ready to help you build a strong defense and protect your future after being arrested for a drug crime.

Disclaimer: The information provided is not legal advice and does not establish an attorney-client relationship.


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