If you are being charged with drug possession after a traffic stop in Pennsylvania it is important that you build a strong defense to fight your charges. You must work with a knowledgeable attorney to give yourself the best chance at having your charges reduced or dropped. Contact a Montgomery County drug lawyer for skilled representation and legal advice.
What is the Standard of Proof in a Drug Case?
Drug possession is the crime of possessing illegal substances like cocaine, heroin, or methamphetamine. Because drug charges are considered criminal, the standard of proof is that of any criminal case.
The defendant in a drug case must be found guilty beyond a reasonable doubt. Essentially the prosecution must provide the jury with enough evidence that they cannot fathom another reasonable explanation for the situation other than that the defendant is guilty.
What Defenses Can Be Used to Fight Drug Charges After a Traffic Stop?
Because the standard of proof in a criminal case is so specific, there is ample room for you and your attorney to create reasonable doubt in the jurors’ minds. Consider the following defenses when deciding how to fight your drug charges.
The traffic stop was unlawful. If you were stopped by law enforcement with no legitimate reason, the traffic stop could be deemed illegal. If you can prove that the officer did not have a reasonable cause to pull you over the evidence found during the stop or even the entire case could be dismissed.
The search and seizure was illegal. Any individual is protected by their Constitutional rights at all times. The Fourth Amendment makes it illegal for law enforcement to conduct a search or seizure without the individual’s consent, a warrant, or probable cause. If none of these things were present then you can argue that the search that led to the discovery of the drugs was unlawful.
You are a victim of entrapment. If law enforcement coerced you to commit the crime then you may be able to use the defense of entrapment. If you can prove that an officer convinced you to possess the drugs and you otherwise would not have then your charges may be dismissed.
The crime lab results are tainted. The evidence obtained from your vehicle must be tested to ensure that it is actually an illegal substance. During the analysis, there could have been mistakes made. Your lawyer may be able to identify discrepancies or errors within the lab report.
There is a lack of evidence. There may be insufficient evidence to prove that you are guilty of possession. If you did not have prior knowledge of the substance or did not have control over the drug then you may not be able to be convicted. Additionally, there may simply be a lack of proof which your lawyer can point out to cast doubt on the prosecution’s case.
Contact an attorney today. Your lawyer will be able to assess the details of your situation and help you build an effective defense to strengthen your case.
