Some of the most charged criminal offenses in Pennsylvania are drug-related. Even though many drug crimes are non-violent offenses, they are often charged and penalized harshly. An experienced defense lawyer can help you challenge your charges.
Your lawyer should help you understand your defense options and help you decide the best way to fight drug charges. Common methods include, but are not limited to, suppressing illegally seized evidence, proving a lack of intent, or accepting a plea agreement to help you avoid the harshest possible penalties. Remember, every case is unique, and your best possible defense strategy may differ. In any case, contact a lawyer as soon as possible.
Reach out to our drug crimes defense attorneys for a free, private case review by calling the Liberty Law Team at (215) 826-3314.
What Can I Do to Fight Drug Charges in Delaware County?
Drug charges in Delaware County can feel insurmountable, but this is not true. You have a right to defend yourself, and an experienced attorney can help you fight your charges.
Suppress Inadmissible Evidence
Not all evidence is fit to use in court. Evidence must adhere to strict rules established in the Pennsylvania Rules of Evidence. Evidence must also be seized legally. If any evidence does not meet the admissibility requirements or was seized illegally by the police, our drug crimes defense attorneys can file motions to exclude it from the case. If key evidence, like drugs and controlled substances, is excluded, the case against you might quickly fall apart.
Argue Lack of Intent
Certain criminal charges, including drug offenses, require that defendants know what they are doing to result in a conviction. For example, to be convicted of simple possession, prosecutors must prove that a defendant knew about the drugs in their possession. If someone else brought drugs into your home without your knowledge or consent, we can argue that you should not be charged with possession.
Plea Agreements
Many criminal cases never have trials. Instead, defendants opt for plea agreements where they agree to plead guilty, and prosecutors agree to reduce charges. As a result, defendants plead guilty to lesser charges than they were initially charged with, thereby avoiding the harshest penalties and serving a more lenient sentence.
Plea agreements are common, but they are not for everyone. If the evidence against you is overwhelming, and a conviction is likely, a plea agreement might be a good idea. However, if the evidence against you is weak, we may stand a good chance of beating the charges in a trial.
FAQs About Drug Crime Charges in Delaware County
Can I Go to Jail for a Drug Crime in Delaware County?
Possibly. Criminal charges for drug offenses vary significantly. Some drug crimes might be charged as low-level misdemeanors, while others might be severe felonies. Many drug charges, including low-level ones, typically carry some term of incarceration. However, for lesser, non-violent offenses, you might have sentencing options that allow you to avoid jail time, like probation or diversion programs.
What Should I Do if I Did Not Know There Were Drugs in My House?
Many people are arrested for the illegal possession of drugs, and drugs may be seized from their homes. Many defendants claim that the drugs belonged to someone else who had access to their home, and that they were unaware of the drugs. In that case, we may argue that you lacked the intent needed to be charged. Defendants must knowingly have drugs in their possession to be convicted.
Can the Police Enter My Home to Look for Evidence of Drugs?
Yes, but only under specific conditions. When it comes to searches and seizures, the “golden rule” is that the police need a search warrant. To get one, the police must establish that “probable cause” exists to suggest that evidence of a crime will be found in your home. Even so, the police may conduct warrantless searches if they believe special exceptions to the warrant rule exist.
How Soon Should I Contact a Defense Lawyer About Drug Charges?
Contact a lawyer about your charges immediately. Many defendants call a lawyer for help shortly after being arrested. However, you can and should call a criminal defense lawyer before being arrested if you believe you are under investigation. Whatever happens, get a lawyer before your first court hearing.
Should I Plead Not Guilty to Drug Charges in Delaware County?
If you want to fight your charges, you should plead not guilty. This is the case for most defendants, although a guilty plea may be entered as a part of your defense strategy. Prosecutors might offer a plea agreement where they agree to reduce charges and penalties in exchange for a guilty plea. If you are interested in a plea agreement, discuss it with your lawyer first.
Can I Be Released on Bail if I am Charged with Drug Crimes?
Yes. Generally, criminal defendants can secure pretrial release. If your drug charges are for non-violent offenses, you have a higher chance of getting bail. However, the court could deny bail or set bail conditions that are extremely restrictive if a defendant is believed to be a serious flight risk or a threat to their community.
Are Drug Crimes Serious Felonies?
They can be. Drug offenses span a broad spectrum of criminal charges. Many are charged as misdemeanors that might carry a few years in jail. Others might be serious felonies, and defendants might face decades behind bars. If you are unsure of your charges and what penalties you face, ask a lawyer for help immediately.
Ask Our Delaware County Drug Crime Attorneys About How to Fight Your Charges
Reach out to our drug crimes defense attorneys for a free, private case review by calling the Liberty Law Team at (215) 826-3314.