Defense Strategies for Drug Possession in Pennsylvania

What constitutes criminal drug possession is an evolving question, but it can still carry significant consequences in Pennsylvania for a conviction. If you are arrested for drug possession, it is vital to have attorneys defending you who know the best strategies to fight your charges.

The police and prosecution can make a number of mistakes that will invalidate evidence and possibly get the case dismissed. Our team will first examine whether the police even had a constitutional right to search you. If the police have neither a warrant nor probable cause, the evidence should not enter your case. We can also fight the evidence against you, such as challenging test results and the prosecution’s handling of it. Also, if you were arrested for possession of a substance that you have a legal prescription for, it can be used as a defense.

For a free, confidential review of your case with our Pennsylvania drug possession defense lawyers, contact Young, Marr, Mallis & Associates at (215) 372-8667.

What Are Common Strategies for Defending Against Drug Possession Charges in Pennsylvania?

While drug possession laws and attitudes are changing across the country, convictions for drug possession in Pennsylvania still carry steep penalties. Even possessing a small amount of a Schedule I or II substance can result in years in prison if convicted. Unlike neighboring states, possessing recreational marijuana is also still illegal in Pennsylvania. Fortunately, our Pennsylvania drug possession defense attorneys can help devise several strategies to fight your charges. The police and prosecution must follow countless procedures to comply with the law and might make a mistake anywhere along the way to trial. If we cannot defeat the charges outright, we might still be able to get the charges lowered.

Argue Unlawful Search and Seizure

Every single person in Pennsylvania has a Fourth Amendment right against unreasonable search and seizure. This means the police usually need a warrant based on probable cause, or probable cause and a warrant exception, like an emergency situation, before searching a suspect or their property. For example, police cannot search your home for drugs if they only have probable cause but no warrant and no emergency exists unless the suspect gives law enforcement permission to search their home. If the warrant does not specifically list your property or the evidence (i.e., drugs) they are looking for, we can argue that unlisted evidence recovered or evidence obtained from an area not listed in the search warrant be suppressed since it comes from an illegal search. If the court agrees, this will deprive the prosecution of critical evidence, and they might withdraw their case.

Unlawful searches and seizures are much more common after traffic stops. However, the police must have reasonable suspicion of a crime or violation to pull you over but will have probable cause if they actually observe a traffic violation, like speeding or swerving between lanes. However, reasonable suspicion for the stop does not extend to searching your vehicle. If the police pulled you over because they suspected you of speeding, they could not search your vehicle unless they can articulate their probable cause to search, such as smelling marijuana coming from the car or seeing drug paraphernalia in plain view inside.

Argue Other Constitutional Violations

We can also fight drug possession charges if other constitutional rights of yours were violated during and after your arrest. For instance, the police not reading you your Miranda rights or continuing to interrogate you after requesting an attorney are constitutional violations of due process.

Fight the Charges

Sometimes, the police arrest people simply for being around drugs. However, the state must prove that the defendant actually possessed or intended to possess the substance. If you did not know the drugs were there and there is no evidence that you intended to possess them, like sandwich baggies or vials in your pocket, you should not be charged, let alone prosecuted. For instance, suppose the police raid your home that you share with other roommates and find drugs in one of their rooms but charge you too. There is no evidence that you possessed them or intended to – or that you even knew they were there – so you should not be guilty by association.

Our attorneys also often find after reviewing a client’s case that the prosecution has overcharged them. In some cases, a prosecutor believes the facts support a certain level of charges, like possession with intent to distribute over simple possession. Our investigation can determine whether the evidence supports the charges and negotiate with the state to lower them, such as when cases are on the edge of the two charges and clients are willing to plea. Otherwise, the best strategy might be to go to trial, where they will not have the evidence to prove their case.

Fight the Evidence

Another common defense strategy in drug possession cases is to attack the evidence itself. Just because something looks or smells like a drug does not make it evidence in a criminal trial. The prosecution must have the substance tested to ensure it is what they charged you with possessing. We can challenge the authenticity of the substance collected and review lab procedures to determine whether it was properly tested. In some cases, labs take so long to process test results that we can argue violations of your right to a speedy trial.

During this part of the investigation, we will also see if the “chain of custody” was broken. This refers to the procedures law enforcement must identify and transfer evidence. If the chain of custody was broken for any of the pieces of drug evidence against you, it raises the possibility that it was tampered with or switched and should be deemed inadmissible.

Argue Medical Necessity

Medical marijuana is legal in Pennsylvania, so having a valid prescription and following restrictions on how much you can have should be a complete defense to possession charges. If you were arrested but have a =prescription for marijuana possession, we can present it to the court to have the charges dropped.

Call Our Pennsylvania Criminal Defense Attorneys Today for Help

For your free case review with our Pennsylvania drug possession defense attorneys, call Young, Marr, Mallis & Associates at (215) 372-8667 today.