When you are arrested for drug possession there may be a moment of paralyzing fear and uncertainty. While the idea of facing criminal charges is never fun, understanding the proper actions and steps to take to protect your legal rights and future is crucial. Continue reading and speak with an experienced Montgomery County drug lawyer to learn more about what to do when facing drug possession charges in Pennsylvania.
What Are Pennsylvania’s Drug Laws?
The laws surrounding drug possession in Pennsylvania are outlined in Section 780-113(a)(12) and 780-113(a)(16). These statutes prohibit the acquisition of a controlled substance by fraud and the intentional possession of a controlled substance by a person who is not a valid medical practitioner or who does not have a valid prescription or order from a medical practitioner.
What Should I Do When Facing Drug Possession Charges in PA?
Facing criminal charges for a drug-related crime can be overwhelming but it is important that you understand how to handle the situation and what to do. First and foremost, try to remain calm and avoid incriminating yourself. During your arrest or questioning you should maintain a level head and think through every action you take and word you say. Anything you say or do can be used as evidence against you, so watch how you behave.
Contact an attorney as soon as possible. Besides invoking your right to remain silent, the best thing you can do is ask to call a lawyer. Your lawyer will help you navigate the legal process and have an in-depth understanding of the severity of the situation as well as how to move forward. They can offer you a well of knowledge and assess the case and evidence against you before recommending certain actions or options.
Your lawyer can file a petition to challenge the prosecution’s evidence in court, explore a plea deal, suggest diversion programs, and more. Their skill is crucial in building and implementing a strong defense.
What Are Possible Defenses to Drug Possession?
Especially if your case is going to trial, the most important thing you can do to protect yourself is develop a strong defensive strategy. It is important to keep in mind that the elements of Pennsylvania’s drug possession laws include the purposeful or intentional possession of an illicit controlled substance without legal authorization to have such a drug. An effective defense will prove that one or more of these elements does not apply.
Some examples of effective defenses for drug possession charges can include the following.
- You have a valid prescription or were dispensed the drugs by a medical professional
- You did not know that the substance was present or existed
- The drugs belong to someone else
- You had no knowledge that the substance was illegal
- You were coerced to commit the crime
- You were entrapped by law enforcement
- Law enforcement collected evidence through an unlawful search and seizure
With the help of a skilled attorney one or more of the above defenses can prove beneficial in your case. Reach out to an experienced lawyer today for more information.
