Drug Possession Philadelphia Lawyer
In this day and age, with the decriminalization of marijuana, Drug Possession may seem like a minor offense. Unfortunately, in Pennsylvania possession of marijuana remains a crime. Possession of any other street drug or prescription medication without permission is also a crime.
What is Drug Possession?
While possessing a small amount of marijuana in Philadelphia is only a fine, possession of any other drugs or a large amount of marijuana is still an ungraded misdemeanor and carries a sentence of up to one year in jail.
Police can arrest you for possession if the drugs are on your person (this is known as actual possession) or if the drugs are in your vicinity and you can reach them (this is called constructive possession).
How do Police Find the Drugs?
Most cases of actual Drug Possession cases occur during a search of a person. This search can be challenged in court by an attorney, who can probe the validity of the search. Did the police have reasonable suspicion to stop you? Was the police search done without your permission? As a result, did the police violate your rights when they searched you? It is important to have an attorney review how the police found the drugs. In some cases, it can lead to a judge throwing the entire case out.
It is especially important to have an attorney in constructive possession cases. These cases are challenging for prosecutors because they have to show that drugs found around you are yours. Judges and juries are often confronted with the question of who the drugs belonged to. For example, if 4 people are in a car and drugs are found under the passenger seat, who possessed the drugs? An attorney will make the argument that the drugs didn’t belong to his client, instead belonged to someone else in the car.
Why Hire an Attorney?
An attorney will help you fight the case by challenging the legality of the search, where the drugs were found, and potentially challenging the credibility of the witnesses. In the case where you have limited defenses, an attorney can help you negotiate a favorable plea deal. Your choice of an attorney is incredibly important since that person will be fighting for you. The Law Offices of Greg Prosmushkin, P.C. can help you with your Drug Possession case. Call us today or use our live chat option to schedule a free consultation today.
This content was written on behalf of Greg Prosmushkin.