Drug crimes are perhaps some of the most frequently filed charges in Pennsylvania and much of the rest of the United States. You may face various charges, depending on the circumstances, and our attorney can help you develop an effective defense.

You may be charged with drug crimes for simply having illegal controlled substances in your possession. Depending on what kind of evidence the police uncover, you might be charged with possession with the intent to distribute (PWID), which is a serious felony. Remember, you have rights that law enforcement cannot trample, and if they do, we may be able to exclude certain evidence. This is a common defense strategy in cases involving significant Fourth Amendment violations. Your lawyer should help to determine the best defense for your case.

Ask our drug crimes defense attorneys for a free, confidential legal assessment by calling the Liberty Law Team at (215) 826-3314.

How Can Someone Be Charged with Drug Crimes in Media, PA?

Drug charges may apply in numerous circumstances, and it is common for defendants to face multiple charges stemming from a single incident.

Simple Possession

One of the most common charges related to controlled substances is possession. This crime involves a defendant who allegedly has illegally controlled substances in their possession. The controlled substances might be found on your person or somewhere where you can control them, like hidden in your home or vehicle.

You do not have to have a lot of drugs to be charged, and you should contact a lawyer immediately if you are arrested for simple possession.

Possession with the Intent to Distribute (PWID)

If the police find evidence to suggest that you not only had drugs in your possession but also intended to sell or distribute them, you may face serious PWID charges. These are serious felony charges, and penalties vary based on the circumstances.

For example, PWID charges involving Schedule I or II narcotics may result in up to 15 years in prison.

Ways You Can Challenge Drug Charges

Every criminal defendant has a right to defend themselves, and your attorney can help you investigate for evidence and build a strong defense to fight the charges.

Fourth Amendment Violations

When the police want to search a suspect’s private property and potentially seize their possession as evidence, they must have a search warrant, barring special circumstances.

If the police searched your home and took drugs as evidence without a warrant, we should treat the entire situation as highly suspicious. If the police cannot prove they were acting under a valid exception to the warrant rule, our drug crimes defense attorneys can file a motion to exclude the evidence from the case.

If the excluded evidence includes the alleged drugs, the entire case against you may fall apart.

Insufficient Evidence

Sometimes, prosecutors move forward with criminal charges despite not having enough evidence to meet their burden of proof. They might believe they will continue to gather more evidence with law enforcement’s help, but this might not pan out in their favor.

If the prosecutors cannot meet their burden of proof, we can file a pretrial motion to dismiss the case for lack of evidence. If the motion is denied, we may still have a strong chance of convincing a jury that the evidence is insufficient.

Disputing Possession

The key to many drug charges is possession. Actual possession is when drugs are found on your person. Constructive possession is when drugs are kept in a location where you have control over them, even if they are not immediately available to you.

On top of that, your possession must be knowing, meaning you must be aware of the drugs. If prosecutors cannot prove that you knew about the drugs, or there is doubt that the drugs were yours, we may raise these issues as a defense.

For example, if the drugs were found in a location where others had control, there may be serious doubt about who actually had control over the drugs.

What Should You Do if You Are Arrested for Drug Crimes?

If you are arrested, stay calm, avoid answering questions about the supposed crime, and call a lawyer immediately.

Remain Silent

First, you have the right to remain silent, and you should. Do not answer questions from the police about the alleged drug crime. Anything you tell them will be used against you later. Refusing to answer questions is within your rights and cannot be held against you.

Call a Lawyer

Call a lawyer for help as soon as possible. Once you are taken into custody and complete the booking process, the police should allow you to demand a lawyer before they start questioning. Take this opportunity and call a lawyer for help. The police must stop questioning you once you demand a lawyer.

Do Not Consent to Searches

The police may want to investigate further, but they may need your consent if they do not have a search warrant or their warrant is too limited.

Do not consent to a search, even if you believe the police will find nothing incriminating. Remember, the police are working against you, and you should not help them do their job.

FAQs About Defending Yourself Against Drug Crimes in Media, PA

What Do You Do if You Are Arrested for Alleged Drug Crimes in Media, PA?

If you are arrested for a drug crime, remain calm and do not resist the police. Avoid answering questions from law enforcement about the supposed crime, even if you think telling your side of the story could help. Finally, demand to call a lawyer as soon as possible, and do not answer questions about the alleged crime until your lawyer is present.

What Kind of Evidence Can You Present in Your Defense in a Drug Case?

Evidence may include, but is not limited to, witness testimony about who really had control over the drugs, chemical testing results regarding the drugs, and information about search warrants, or the lack thereof.

What if the Police Seized Evidence of Drugs Without a Warrant?

If the police did not have a warrant when they conducted a search and seized evidence of controlled substances, the search and seizure might be illegal. If the police cannot prove that they were acting under a valid exception to the warrant rule, we may have the evidence they obtained excluded from the trial.

How Soon After Being Arrested for Drug Crimes Should You Call a Lawyer?

Call a lawyer as soon as you possibly can. When you are taken into custody, the police are required to inform you of your Miranda rights before they question you about the alleged crime. At this point, you should invoke your right to remain silent and demand to have a lawyer present.

Speak to Our Drug Crimes Defense Attorneys in Media, PA About Your Charges Now

Ask our drug crimes defense attorneys for a free, confidential legal assessment by calling the Liberty Law Team at (215) 826-3314.