Facing drug charges in Pennsylvania can be a daunting experience. The legal consequences can be severe, including hefty fines, lengthy prison sentences, and a permanent criminal record. Understanding the available defense strategies can make a significant difference in the outcome of a case. It is crucial to be aware of your rights and the possible defenses to protect yourself against the charges.
Rubin, Glickman, Steinberg & Gifford, P.C. has a long history of helping clients navigate the complexities of drug charges. With decades of experience in criminal defense, we are committed to providing the best possible representation to ensure your rights are protected. Our team understands the intricacies of drug laws in Pennsylvania and works tirelessly to build a strong defense for our clients.
Understanding Pennsylvania Drug Laws
Pennsylvania’s drug laws are stringent and cover various substances, including marijuana, cocaine, heroin, and prescription drugs. The severity of the charges depends on several factors, such as the type of drug, the amount in possession, and the intent behind the possession. Possession with intent to distribute often carries harsher penalties compared to simple possession.
The Pennsylvania Controlled Substance, Drug, Device, and Cosmetic Act categorizes drugs into five schedules based on their potential for abuse and medical use. Schedule I drugs, like heroin and LSD, are considered the most dangerous, with no accepted medical use, while Schedule V drugs have a lower potential for abuse. Understanding these classifications is essential for mounting an effective defense.
Possession charges can be defended in various ways, depending on the circumstances. One common defense is to challenge the legality of the search and seizure that led to the discovery of the drugs. If the search was conducted without a warrant or probable cause, the evidence obtained may be deemed inadmissible in court, potentially leading to the dismissal of the charges.
Challenging the Evidence
A critical aspect of defending drug charges is scrutinizing the evidence presented by the prosecution. This involves examining how the evidence was obtained, handled, and presented. Any discrepancies or violations of protocol can be used to challenge the validity of the evidence.
Chain of custody refers to the documentation that outlines the seizure, custody, control, transfer, and analysis of physical evidence. If there are gaps or inconsistencies in the chain of custody, it can raise doubts about the integrity of the evidence. Defense attorneys often investigate these aspects to find weaknesses in the prosecution’s case.
Another important defense strategy is questioning the accuracy and reliability of drug testing procedures. Laboratories must follow strict guidelines to ensure the accuracy of drug tests. Any deviation from these protocols can lead to false positives or contamination, providing grounds for challenging the test results. Additionally, defense attorneys may call upon forensic experts to review and dispute the findings of the prosecution’s experts.
Proving Lack of Possession or Intent
To secure a conviction for drug possession, the prosecution must prove the defendant had knowledge of and control over the illegal substance. This means showing that the defendant was aware of the presence of the drugs and had the ability to exercise control over them. Defense strategies often focus on disproving these elements.
For instance, if drugs are found in a shared space, such as a car or apartment, it may be difficult for the prosecution to prove the drugs belonged to a specific individual. The defense can argue the drugs could have been placed there by someone else without the defendant’s knowledge.
Intent to distribute is a more serious charge that requires the prosecution to prove the defendant intended to sell or distribute the drugs. Defending against this charge can involve demonstrating the amount of drugs found was for personal use rather than distribution. This can be supported by presenting evidence such as the absence of packaging materials, scales, or large sums of money typically associated with drug trafficking.
How Can Rubin, Glickman, Steinberg & Gifford, P.C. Help?
At Rubin, Glickman, Steinberg & Gifford, P.C., we understand the gravity of drug charges and their potential impact on your life. Our skilled attorneys are dedicated to providing comprehensive legal representation to those facing such charges. We thoroughly investigate each case, scrutinize the evidence, and develop a tailored defense strategy aimed at achieving the best possible outcome.
If you are facing drug charges, do not hesitate to reach out to us for help. Call us at (215) 822-7575 or visit our contact form. We are here to provide the guidance and representation you need to navigate this challenging time.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
September 25, 2024
