Drug Crimes Defense Attorney in Philadelphia, PA
If you find yourself under investigation or have already been charged with a drug crime, being found guilty could mean up to five years in jail and $50,000 in fines. A conviction could have life-lasting implications for your freedom and ability to get a job.
There are defenses you can use to fight these drug allegations, whether they are based on contested testimony, facts, or evidence.
Charges for Drug Possession
Drug possession charges are typically brought against individuals suspected of possessing a controlled substance without a prescription or license. In some cases, a person may be charged with possession even if they had a prescription or license at one point in time but no longer have it when they are arrested. This doesn’t mean that there is hope that you can avoid conviction and jail time.
Drug Distribution Charges
This type of charge involves selling or otherwise providing drugs to another person, such as through a dealer or street-level dealer.
Penalties for Drug Crimes
The penalties for drug crimes vary depending on the type of drug involved and how much was present in your possession. For example, possessing marijuana could result in up to nine months in jail and a $1,000 fine for first-time offenders, but possessing cocaine could carry a sentence of up to 20 years behind bars, depending on how much you have on hand.
Drug Crime Defense
There are several different drug defenses to use, including:
- Unlawful search and seizure. The Fourth Amendment protects against unlawful searches and seizures. A search occurs when the police or other law enforcement officials intrude on a person’s reasonable expectation of privacy, such as entering the person’s home without a warrant. A seizure occurs when police restrain an individual’s liberty in some way, such as by arresting the individual or placing them in handcuffs.
- The drugs belonged to someone else. One defense to drug possession charges is that the drugs did not belong to you. If someone else placed them in your car or purse, then you should not be held responsible for them. The best way to prove this defense is by showing that someone else had access to your property and may have left something behind by accident.
For example, if you were at a party where drugs were present, then it would be possible that someone could put drugs inside your vehicle while intoxicated and unaware of what they were doing (or even before they arrived at the party).
- Chain of custody problems. The first thing that needs to be done for a drug possession defense is to look at the chain of custody problems. This means that you want to make sure that there were no mistakes made when taking the evidence from one place to another. If any mistakes were made during this process, it could affect how strong of a case they have against you for drug possession.
- Crime lab analysis. The crime lab analysis is critical in a drug possession case. The lab analysis determines whether you are charged with possession and if you can be convicted of the charges. If the crime lab analysis finds that you have drugs in your person, in your car, or in your house, then you are going to be arrested and charged with the crime. The crime lab analysis proves the drugs were not what they were reported to be by the police, which might set you free.
- Entrapment. A skilled lawyer will review the facts of your case and determine if there was any entrapment. Entrapment occurs when police officers use coercion or deception to get suspects to commit crimes they would not usually commit. If the court finds that officers entrapped you into committing a crime, you may be found not guilty by entrapment.
- Medical exceptions. In some states, people who have a valid prescription for certain medications can legally possess marijuana or other drugs without being charged with drug possession. These exceptions exist because some people need these medications for legitimate medical reasons and should not be punished for using them properly following their doctor’s orders.
Contact the Brookman Law Group Today
If you have been arrested for a drug crime, you need the best criminal defense attorney to represent your interests. Brookman Law Group has been protecting the rights of people accused of crimes for decades, and we have the experience and skill to ensure that your rights are protected in court.
We will work hard to ensure that your rights are respected and that you get the best possible outcome in your case. Our attorneys are dedicated professionals who take pride in their work and will fight tirelessly on behalf of our clients. We are confident that we can help you get the results you need.
You deserve an experienced attorney who will fight for your freedom and right to due process under the law. Call us at (267) 415-4623 or contact us online to schedule a free consultation.