Criminal charges for drug possession and distribution are common, but they can be serious, and severe penalties may be on the line. You need an attorney who can help you develop an effective defense and fight the charges.

Possession charges may involve simple possession or more serious charges for possession with the intent to distribute (PWID). If the authorities believe a defendant has actually provided drugs to others, they may be charged with distribution. Although many drug charges are non-violent, they are often still charged as serious felonies. Anyone charged must call a lawyer for help as soon as possible.

Call the Liberty Law Team at (215) 826-3314 to ask our drug crimes lawyers for a free, private case assessment.

How Drug Possession and Distribution Are Charged in Swarthmore

Criminal charges for drug possession and distribution may be charged under various circumstances, and it is key to your defense to discuss the circumstances surrounding your charges with your lawyer.

Simple Possession

One of the most common drug-related charges is simple possession. Actual possession may involve keeping drugs on your person. Constructive possession often involves storing drugs at another location where you have control.

A key element of simple possession charges is being aware of the drugs. The police might find drugs in your home, but that does not mean you are the one with possession. Someone you live with or who has access to your home may have put the drugs there without your knowledge.

Possession with the Intent to Distribute (PWID)

A defendant might instead be charged with possession with the intent to distribute (PWID) if the authorities not only have evidence of possession but additional evidence to strongly suggest that the defendant meant to distribute the drugs to others.

Often, PWID charges are based on multiple pieces of evidence and the general totality of the circumstances. The police often look for “tools of the trade”, including materials normally used to package and distribute drugs (e.g., baggies, scales, containers), as well as large amounts of cash, which are common signs of PWID.

Distribution

PWID charges are distinct from distribution charges because charges for distribution require some evidence that drugs have actually been delivered to others. Delivery does not have to include sale. Whether someone sells drugs, trades them, or gives them away, they may face charges.

Many distribution cases involve undercover drug buys by police officers or testimony from informants. While this can be powerful evidence, it is not always perfect, and we may be able to challenge it.

How to Challenge Evidence in Drug Possession and Distribution Cases

How we fight the evidence against you depends on what kind of evidence prosecutors attempt to introduce in court.

Evidence Seized by the Police

Generally, the police must have a search warrant based on probable cause and authorized by a judge before they can search your property.

Warrantless searches are possible, but only under specific, limited circumstances. If the police seized evidence of drugs without a warrant, and they cannot prove that an exception to the warrant rule existed, the evidence may have been seized illegally.

Witness Testimony

In many cases, witnesses are unreliable, have reasons to lie, or cannot provide accurate testimony. In such cases, we can work to undermine the witnesses’ credibility.

Sometimes, witnesses are informants who are not police officers but collect information about a suspect for the police, often in exchange for leniency in their own criminal cases. Informants are often unreliable because they are pressured to tell the police what they want to hear, regardless of the truth.

Forensic Evidence

While forensic evidence is often hailed as some of the strongest evidence available, it may be flawed. If the evidence was tested or examined using improper or unverifiable methods, the evidence may be untrustworthy.

In drug cases, evidence of controlled substances is tested to verify their chemical identity and confirm that they are indeed illegal drugs. Are testing results accurate? Were methods flawed? Are the results even conclusive? If there is any doubt about the evidence, we can challenge it.

How Do the Police Seize Evidence of Drugs?

As briefly mentioned before, the police often seize evidence during searches, but there are strict rules around how the police can search your property.

Search Warrants

When the police want to search your home, they need a search warrant. While warrantless searches are sometimes possible, these searches tend to be limited, especially when it comes to your home.

If the police ask to search your home, you are allowed to say no. The police do not need a warrant if they have your consent. If the police do not have a search warrant but search your home anyway, tell your attorney immediately.

Vehicle Searches

The police may stop someone as part of a routine traffic stop and try to search the vehicle. However, in Pennsylvania, the State Constitution gives greater privacy rights to people regarding vehicle searches than the Fourth Amendment of the U.S. Constitution.

The police may search your car without a warrant under the following circumstances:

• You consent to the search
• The police have probable cause to search, and exigent circumstances exist (e.g., searching the car helps protect others from imminent harm)
• Evidence is in plain view
• Search of the vehicle incident to your arrest
• Searches as part of standard inventory and impoundment procedures

Pat Downs

The police are allowed to conduct a pat-down search if they have reasonable suspicion that a suspect is involved in a crime and may be armed and dangerous. The point of a pat-down is to search for weapons that may threaten officer safety, although the police may inadvertently find drugs.

If the police lacked the reasonable suspicion necessary to search, or the search was overly invasive, we can challenge the legality of any evidence seized by the authorities.

Can You Go to Jail for Drug Possession or Distribution in Swarthmore?

Yes. Whether you are charged with simple possession, distribution, or PWID, you may be sentenced to time in jail or prison if you are convicted. If you are charged, get help from a lawyer immediately.

What Should You Do if the Police Seize Evidence of Drugs Without a Warrant?

Any evidence seized without a warrant should be heavily scrutinized and challenged. If we believe the evidence was seized illegally and should be deemed inadmissible, we can file pre-trial motions to exclude the evidence before the trial begins.

Should You Accept a Plea Deal for Drug Possession or Distribution Charges?

Plea deals are common in criminal cases, but you should not accept a plea deal without first reviewing it with your lawyer. In fact, most plea offers go through attorneys before they are communicated to defendants. Plea deals may be a good idea if the evidence is so strong that it is unlikely you can successfully fight the charges in a trial.

Ask Our Swarthmore Drug Crimes Lawyer About Your Possession and Distribution Charges

Call the Liberty Law Team at (215) 826-3314 to ask our drug crimes lawyers for a free, private case assessment.