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Getting cuffed, arrested, and charged with drug possession can be your worst nightmare.
Not only does this mean that you have a legal case that you’ll have to fight, but you might also have ramifications that interrupt your personal and professional life.
If you’ve been charged with drug possession, it’s important that you learn the ins and outs of Pennsylvania drug laws.
To learn how to help yourself after facing one of these charges, read the points of information below. These defense strategies might help you beat the charges.
1. Illegal Search
Your Constitutional rights outline that police can’t illegally search you or your property.
In this regard, a search is illegal when the police lacked a warrant or probable cause. This not only violates your Fourth Amendment Rights, but it can also lead to dismissal of all of the charges if a judge rules in your favor a suppresses the drugs.
This is especially true if the major evidence against you was brought about due to this illegal search. What’s more, depending on the egregiousness of the illegal search, you may even be able to sue the police officer if the situation meets those standards.
When you know the law and get help from the best drug attorney, it is easier to execute this strategy and prove that the search was unlawful. Find client reviews to see which are the best attorneys in your city.
For a free legal consultation, call 215.515.3360
Entrapment is a serious issue in the realm of drug offenses. It is considered entrapment whenever police officers use some form of manipulation to get you to commit a crime that you wouldn’t otherwise commit.
The details of this defense are nuanced and often difficult to prove, which is why it pays to have an experienced criminal defense lawyer by your side. They will need to prove that the officer coerced or intimidated you into committing the crime, which is different from “opportunity”, which is close, but not the same as entrapment.
3. Planted Evidence
There are situations where a cop or someone else flat out plants drugs on you, but this can be extremely difficult to prove.
If you know that you didn’t purchase the drugs and weren’t in possession of them, you’ll need to use this defense and work hard to prove your case. Occasionally people charged with possession are forced to take plea deals for crimes that they didn’t commit because an officer of the law planted the drugs on them.
Proving this might involve gathering evidence from the officer’s body camera or dash camera, investigating the prior bad conduct or bias of the police officer, or otherwise convincing the judge and jury that the drugs in question were not yours.
4. The Substances in Question Weren’t Illegal Drugs
Finally, you might get charged with drug possession even though the substances in your possession weren’t illegal — or weren’t drugs at all.
For instance, an officer might charge you with possession of drugs when you have narcotic level painkillers in your possession, but you may have a prescription for them. Other situations might involve sending the substance off to a lab to get it tested and show that it wasn’t an illegal drug.
Contact the Law Offices of M.J. Snyder Today
Pennsylvania drug laws are complex, so it’s best to get the help of a professional law firm.
We’d be glad to help you out. Call us at 215-515-3360 for a FREE consultation!